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Many people have no intentions of immigrating to the United States and just want to enter the country to work for a temporary amount of time. The process of obtaining temporary nonimmigrant US work visas, such as Form I-129, can be complicated.
At Warren Law Firm, we help individuals and employers maneuver the intricacies of nonimmigrant work visas and all the petitions and applications that come with them. We pride ourselves on taking the stress out of the visa process for our clients.
We also understand that our clients like to have an idea of what to expect before consulting with an attorney. We’ve created this guide to help individuals and employers better understand the variety of nonimmigrant work visas available and how to obtain them.
A ‘non-immigrant’ refers to individuals who enter the United States temporarily for specific purposes such as tourism, business, education, or temporary employment. Unlike immigrants who seek permanent residency, non-immigrants are granted stays that are finite and defined by the terms of their visa. Each visa type specifies the duration and conditions under which the holder can remain in the U.S., underscoring the temporary nature of their visit.
Angela D. Warren
With more than 20 years of immigration and business immigration experience, Angela Warren has helped hundreds of individuals, families and businesses.
U.S. Citizenship and Immigration Services (USCIS) handles most of the approvals for these temporary nonimmigrant work visas by processing Form I-129, Petition for a Nonimmigrant Worker.
Form I-129 is the petition used on behalf of a nonimmigrant worker. It can also be used to request an extension of stay by a nonimmigrant worker or to change a legal status to a number of nonimmigrant statuses.
After Form I-129 is approved by USCIS, the agency will send an approval notice known as Form I-797, Notice of Action informing the petitioner of the approval. What happens next depends on whether the nonimmigrant worker is already in the U.S.
USCIS’s Premium Processing Service is available for use when filing Form I-129 for certain categories of nonimmigrant work visas such as the L-1 nonimmigrant work visa and the H-1B nonimmigrant work visa. Premium processing costs extra but guarantees 15-day processing of the form or it will refund the expedited processing fee.
Some of the more popular categories of nonimmigrant work visas require a U.S. employer or agent to act as the visa petitioner. The nonimmigrant visas that require a petitioner to file Form I-129 on your behalf include the following:
For these nonimmigrant work visas, employers (or agents) must take the following steps:
E visas are unique nonimmigrant visas because they are reserved for foreign nationals from countries that have trade agreements with the United States.
They are also unique because while some E visas allow for self-petitioning, you can’t file Form I-129 if you are outside the United States.
If you are self-petitioning for E nonimmigrant status from outside the United States, you must file Form DS-160, Online Nonimmigrant Visa Application with the U.S. Department of State.
Below are the treaty-based nonimmigrant work visas known as E visas:
If you are already in the United States and eligible for self-petitioning for an E visa, you may use Form I-129 to change your status to an E nonimmigrant.
A TN nonimmigrant classification allows Canadian or Mexican citizens working in certain eligible occupations to temporarily enter and work within the United States. This type of temporary status is sometimes called a “Trade NAFTA visa” or a “TN visa.” This special nonimmigrant status is available thanks to the North American Free Trade Agreement between the United States, Mexico, and Canada.
While some employers may choose to petition for a temporary work visa for Canadians using Form-129 meaning that they choose to apply in advance directly to USCIS, Canadian workers can establish their eligibility for TN nonimmigrant classification at the border by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer.
Meanwhile, Mexican workers should apply for TN nonimmigrant status at a U.S. embassy or consulate in Mexico.
Whether you are an employer or agent seeking an attorney with extensive experience filing Form I-129 and applying for certifications from the Department of Labor on behalf of businesses or are a foreign national interested in self-petitioning for a temporary nonimmigrant work visa, the legal team at Warren Law Firm can help. Obtaining nonimmigrant work visas can be a complicated process without the experience of an attorney familiar with nonimmigrant visa petitions.
Attorney Angela Warren has over 20 years of business immigration experience including helping individuals and businesses comprehensively fill out nonimmigrant work visa petitions and comply with U.S. labor laws. We can provide legal counsel in Spanish, Korean, Thai, Mandarin, or French and offer a competitive fee structure for all our services. Contact Warren Law Firm today to request a consultation.
