Temporary (Nonimmigrant) Worker
A person who would like to enter the United States for temporary or seasonal employment without immigrant intent. Most nonimmigrant classifications require that an employer file a petition on the employees behalf prior to applying for a work visa or working in the U.S.
You should refer to the USCIS webpage for more information to determine your employment classification and whether you must obtain employment authorization.
Avoid paying upfront money to a recruitment agency
Never pay any type of initial fee for a hiring service, or any fee prior to being hired for that matter. The Department of Foreign Affairs DOES NOT ALLOW employers to engage with agencies charging potential employees upfront fees as outlined in 20 CFR 655.9(c).
Prepare yourself to stand out in the application process
Apply through approved programs at your Ministry of Foreign Affairs
Apply directly to companies authorized through the Department of Labor to hire foreign labor
Network with friends and family to learn about potential job openings
Search companies advertisements on public hiring boards
Temporary (Nonimmigrant) Workers process to employment
Step 1: Petitioner (employer) submits temporary labor certification application to the U.S. Department of Labor (DOL).
Step 2: Petitioner (employer) submits Form I-129 to USCIS.
Step 3: Prospective workers outside the United States apply for visa and/or admission. After USCIS approves Form I-129 and the employer gives you a work offer and the approved petition/receipt number, prospective temporary workers who are outside the United States must:
Apply for the appropriate temporary work visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad and then seek admission to the United States with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or
Less common situation: Directly seek admission to the United States under the appropriate temporary worker classification with CBP at a U.S. port of entry, in cases where a visa is not required.
Do temporary workers have rights?
Temporary workers sometimes believe they have fewer rights because they are hired indirectly through an agency. Fortunately, this is wrong. Temporary workers are generally entitled to the same legal protections as other workers, including the right to fair wages and overtime pay, and protection from discrimination, harassment, retaliation, and wrongful termination. Whether you have worked for a job for a few days or a few months in a temporary role, you are covered by many similar rights as that of permanent workers. Know your rights and seek out help with the US Department of State rights and protection for temporary workers.