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Temporary Employment & Business
15 MINUTE READ

Overview

Temporary employment visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite. Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition is required to apply for a temporary employment visa.

See our Temporary Employment Visa Categories on usvisas.state.gov to determine which visa category might be appropriate for your purpose of travel to the United States.

How to Apply

Labor Certification – Some temporary worker visa categories require your prospective employer to obtain a labor certification or other approval from the Department of Labor on your behalf before filing the Petition for a Nonimmigrant Worker, Form I-129, with USCIS. Your prospective employer should review the Instructions for Form I-129 on the USCIS website to determine whether labor certification is required for you.

Petition Approval – Some temporary worker categories are limited in total number of petitions which can be approved on a yearly basis. Before you can apply for a temporary worker visa at the U.S. Embassy in Belarus, a Petition for a Nonimmigrant Worker, Form I-129, must be filed on your behalf by a prospective employer and be approved by USCIS. For more information about the petition process, eligibility requirements by visa category, and numerical limits, if applicable, see Working in the U.S. and Temporary (Nonimmigrant) Workers on the USCIS website. Once the petition is approved, USCIS will send your prospective employer a Notice of Action, Form I-797.

Step 1. Check the Validity of Your Passport

Your passport must be valid for at least six months beyond your period of stay in the United States, unless exempt by country-specific agreements (PDF, 57 KB). If more than one person is included in your passport, each person who needs a visa must submit a separate application.

Step 2. Complete the Online Nonimmigrant Visa Application, Form DS-160

  • Completed Online Nonimmigrant Visa Application, Form DS-160

Please note that you must answer EVERY question on the application forms. If the answer to a question is “none,” please write “none”(Do not leave it blank). Incomplete/incorrect forms will be returned and will require you to schedule a new interview appointment.

Important! Many of our visa applicants are completing the DS-160 incorrectly, causing us to postpone their planned visa interview dates.

Step 3. Collect any Supporting Documentation

Only a passport, DS-160 confirmation page, a 2 x 2 inch color photo not older than 6 months – with a light or white background, and the forms listed in Step 2 are required for the visa interview and the Receipt Number for your approved petition as it appears on your Petition for Nonimmigrant Worker (Form 1-29) or Notice of Action (Form 1-797), from USCIS.

L Visa Applicants- If you are included in an L blanket petition, you must bring FormI-129S, Nonimmigrant Petition Based on Blanket L Petition, to your interview.

All visa applicants, except H-1B and L, will generally need to show proof of compelling ties to your home country to demonstrate your intent to return after your temporary stay in the United States. Examples of compelling ties include:

  • A residence abroad which you do not intend to abandon
  • Your family relationships
  • Your economic situation
  • Your long term plans

Step 4. Schedule an Interview Appointment

To schedule an appointment for a non-immigrant visa (NIV) interview, please consult the Embassy’s online NIV Appointment System. Please have your DS-160 Online Nonimmigrant Visa Application Form Confirmation Number handy. It is located on your DS-160 confirmation page, in bold print.

Step 5. Pay the MRV Fee

On the day of your interview, please pay the following nonrefundable visa application fees to the consular cashier: $160 for B-1 (Business), B-2 (Tourism & Visit) and C1/D (Crewmember) nonimmigrant visas; and $190 for H, L, O, P, Q and R visas. Payments must be in U.S. or local cash using the current consular exchange rate. No cards are accepted for payment.

Submit the completed DS-160 confirmation sheet, documents specified above, if any, a 5 cm. X 5 cm. (2 x 2 inch) color photo not older than 6 months (white background and no eyeglasses), and a passport valid for more than 6 months, to the Consular Section when you arrive at the Embassy for your interview.

If you are issued a visa, you will usually be invited to return to the embassy in two days to collect your passport and visa.

Step 6. Interview for your visa with the Consular Officer

During your visa interview, a consular officer will determine whether you are qualified to receive a visa, and if so, which visa category is appropriate based on your purpose of travel. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying.

Ink free, digital fingerprint scans will be taken as part of your application process. They are usually taken during your interview, but this varies on location.

Case Status

You can check the status of your visa application on ceac.state.gov.

Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a consular officer. Applicants are advised of this requirement when they apply. Most administrative processing is resolved within 60 days of the visa interview. When administrative processing is required, the timing will vary based on the individual circumstances of each case.

If your visa has been denied, you may find useful information on Ineligibilities and Waivers on usvisas.state.gov.

After the Interview

Entering the United States

A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or a paper Form I-94, Arrival/Departure Record. Learn more about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the CBP website.

Extending Your Stay

See Extend Your Stay on the U.S. Citizenship and Immigration Services (USCIS) website to learn about requesting to extend your stay beyond the date indicated on your admission stamp or paper Form I-94.

You must depart the United States on or before the date indicated on your admission stamp or paper Form I-94, unless your request to extend your stay is approved by USCIS.  Failure to depart the United States on time may also result in you being ineligible for visas you may apply for in the future. Review Visa Denials and Ineligibilities and Waivers: Laws to learn more.

Change of Status

While in the United States, you may be able to request that U.S. Citizenship and Immigration Services (USCIS) change your nonimmigrant status to another nonimmigrant category. See Change My Nonimmigrant Status on the USCIS website to learn more.

Requesting a change of status from USCIS while you are in the United States and before your authorized stay expires does not require that you apply for a new visa. However, if you cannot remain in the United States while USCIS processes your change of status request, you must apply for a visa at a U.S. Embassy or Consulate.

Additional Information

  • The approval of a petition does not guarantee that you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa.
  • Spouse and Children –
    • With the exception of Cultural Exchange Visitor Q-1 visa applicants, your spouse and unmarried, minor children may also apply for the same visa category as you to accompany or join you. You must be able to show that you will be able to financially support your family in the United States.
    • For information about employment and study, review Temporary Workers information and Employment Authorization on the USCIS website.
  • Unless canceled or revoked, a visa is valid until its expiration date. Therefore, a valid U.S. visa in an expired passport is still valid. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States.