Before you can apply for a temporary worker visa at a U.S. Embassy or Consulate, a Petition for a Nonimmigrant Worker, Form I-129, must be filed on your behalf by a prospective employer and be approved by USCIS.

Published on Jul 9, 2012

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If you want to work in the U.S. temporarily as a nonimmigrant, under U.S. immigration law, you need a specific visa based on the type of work you will be doing. Most temporary worker categories require that your prospective employer or agent file a petition, which must be approved by the U.S. Citizenship and Immigration Services (USCIS) in the United States before you can apply for a work visa.

All applicants for H, L, O, P and Q visas must have a petition approved on their behalf by USCIS. The petition, Form I-129, must be approved before you can apply for a work visa at the Embassy or Consulate. When your petition is approved, your employer or agent will receive a Notice of Action, Form I-797, which serves as your petition's approval notification. The consular officer will verify your petition approval through the Department of State's Petition Information Management Service (PIMS) during your interview.

You must bring your I-129 petition receipt number and a copy of your Form I-797 to your interview at the Embassy or Consulate in order to verify your petition's approval. Please note that approval of a petition does not guarantee issuance of a visa if you are found to be ineligible for a visa under U.S. immigration law.

Foreign nationals who are not American citizens or lawful permanent residents of the US need a work visa, as well as a permit to work, officially known as an Employment Authorization Document (EAD), in order to work in the USA. Prior to coming to the USA to work, you will need to obtain a visa from the US Embassy or Consulate in your country or the country that is closest to your residence abroad.

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The US has over 60 types of non-immigrant (meaning non-permanent) US visas. workpermit.com offers you full US immigration services if you need help, as well as many USA visa guides to get you started if you want to handle your US immigration on your own. The US immigration process can be confusing and bureaucratic, but our experts are here to help.

We have a number of US immigration guides detailing commercial US visa categories. These include the B1, H1B, L1, E1, and E2 visas.We also cover US green cards. All applications for US visas are dealt with in-house by a member of the American Immigration Lawyers Association (AILA).

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If you want to work in the US temporarily you will need a specific visa based on the purpose of your travel and type of work you will be doing. In order to obtain a visa, you will need to meet specific requirements to qualify for a Temporary Work visa under immigration law. The consular officer will determine whether you qualify for the visa.

In addition, your prospective employer must generally file a nonimmigrant petition on your behalf with USCIS (US Citizen and Immigration Services). U.S. companies must file Form I-129, Petition for Nonimmigrant Worker, with United States Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS).