Non-Immigrant Visas

Temporary Worker Visa Classifications H, L, O, P, Q

The information on this site is applicable to visa applications made at the U.S. Embassy in Dublin. Those making applications at other U.S. Embassies or Consulates should consult the websites for those missions.

If you are resident in Northern Ireland, visit the U.S. Consulate General  Belfast web site for information about applying for a visa in Northern Ireland.

Unlike some countries, the United States Government does not currently issue work visas for casual employment. In general, work visas are based on a specific offer of employment from a U.S. employer. Therefore, you must have a petition-based temporary worker visa (H, L, O, P or Q) classification if you are going to the United States to work in a specific, prearranged temporary job. Applicants may be required to demonstrate that they have a residence abroad that they have no intention of abandoning. In order to be considered as a nonimmigrant under the above visa classifications, the proposed employment must be approved in advance by the U.S. immigration authorities.

Petition

To obtain such approval, the prospective employer or agent in the United States must file a petition on Form I-129 "Petition for a Nonimmigrant Visa," with the U.S. Citizenship and Immigration Services (USCIS) in the United States. Questions about petitioning procedures, qualifications for temporary worker visa classifications, conditions and limitations on employment, should be made by the prospective employer or agent in the United States to the appropriate USCIS office.  Visit the USCIS web site for the schedule of fees.

• H-1B classification applies to persons in a specialty occupation that requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education;
  
  
• H-2A classification applies to agricultural work of a temporary or seasonal nature;
  
  
• H-2B classification applies to nonagricultural work of a temporary or seasonal nature that is in short supply in the United States;
  
  
• H-3 classification applies to trainees other than medical or academic when such training is not available in the individual's home country.
  
  
• L-1 classification is required by an alien who is being transferred by his current employer to a specific executive or technical job with the same firm, or subsidiary thereof, in the United States. The employment must be approved in advance by the USCIS in the United States.  Follow this link for further information regarding the  L-1 visa classification.
  
  
• O-1 classification applies to an individual who has extraordinary ability in the sciences, arts, education, business, athletics, or extraordinary achievements in motion picture and television production;
  
  
• O-2 classification applies to persons accompanying an O-1 alien to assist in an artistic or athletic performance for a specific event or performance;
  
  
• P-1 classification applies to individual or team athletes, or to members of an internationally recognized entertainment group;
  
  
• P-2 classification applies to artists or entertainers who will perform under a reciprocal exchange program;
  
  
• P-3 classification applies to artists or entertainers who perform under a program that is culturally unique; and
  
  
• Q-1 classification applies to participants in an international cultural exchange program for the purpose of providing practical training, employment, and the sharing of the history, culture and traditions of the alien's home country.

Visa Application Process

The employment must be approved in advance by the USCIS.  Once approved, the employer or agent is sent a Notice of Action, Form I-797, the notification of petition approval. Petition approval is now verified in the Department of State's system called Petition Information Management Service (PIMS). If the petition approval is not entered and verified in PIMS, the visa cannot be issued and this can result in delays in the visa application process. In order to verify the petition approval, the Embassy will need the approved I-129 petition receipt number.  Please make sure to have this receipt number available when you are scheduling your visa appointment via our call center.  You must also provide the receipt number when you appear for your visa interview at the Embassy. 

PIMS Processing Update:  Important information for prospective employers and visa applicants, when extension of stay, change of status or petition amendment has been requested...READ MORE 

Visa Application Appointment

On receipt of temporary worker approval from the USCIS and verification in PIMS, the beneficiary may apply for the visa. Please read about the visa application procedures before you apply.

It should be noted that the approval of a petition shall not, in itself, establish that the applicant is entitled to receive a visa if found to be otherwise ineligible under provisions of the U.S. Immigration and Nationality Act. Applicants should also be aware that a visa does not guarantee entry into the United States. The U.S. Customs and Border Protection (USCBP) of the Department of Homeland Security, has authority to deny admission. Also, the USCBP, not the consular officer, determines the period for which the bearer of a temporary worker visa is authorized to remain in the United States. At the port of entry, a USCBP official validates Form I-94, Record of Arrival-Departure, which notes the length of stay permitted. Those temporary workers who wish to remain in the U.S. beyond the stay indicated on their Form I-94 must contact their local U.S. Citizenship and Immigration Services (USCIS) office to request Form I-539 (Application for Extended Status). The decision to grant or deny a request for an extension of stay is made solely by the USCIS.

Family Members

With the exception of "Q-1 Cultural Exchange Visitors," the spouse and unmarried, minor children (under 21) of an applicant under any of the above classifications may also be classified as a nonimmigrant in order to accompany or join the principal applicant. A person who has received a visa as the spouse or child of a temporary worker may not accept employment in the United States. The principal applicant must be able to show that he or she will be able to support his/her family in the United States.

Partners and Common-Law Spouses - Follow this link for more information

The Embassy takes no part in the petition approval process. Therefore, we can take no action to expedite the approval of a petition.