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How to Get a Temporary Work Visa: Requirements, Process, Expiration

Pablo G. Martinez Law Firm Blogger • Jan 09, 2023

Anyone wishing to work in the United States can enter with a temporary work visa. This guide will explain the process and requirements.

temporary work visa

Visas first became a necessity for foreigners in the 1920s. Ever since then, visas have remained an important part of the process of foreigners coming to this country to work and live. If you are thinking about getting a temporary work visa to work in the United States, you might be wondering where you should start. 


After all, what kind of visa requirements should you consider? What foreign country are you coming from and what can you expect from the process? What happens if your visa expires before you have the chance to renew it?



Keep reading and find all the answers to your questions down below.

How to Apply for a Temporary Work Visa

A temporary work visa, as the name suggests, allows you to stay in the United States for a certain period of time so that you can perform a certain job. What many people don't know is that there are actually many types of temporary work visas you can choose from. It is important to choose the right one depending on what kind of work you are going to get once you arrive in the United States. 


For example, if you plan on becoming a temporary agricultural worker, you will need to get the H-2A work visa which is specifically meant for this type of worker. There is also the H-1B visa which is designed for people who have some sort of occupational specialty that they will carry out once they come to the United States. 


There are even temporary work visas for artists, entertainers, and people moving between large companies. Whatever the case, you might be wondering how you should apply for a temporary work visa. First, it is necessary for the Petition for a Nonimmigrant Worker, also known as Form I-129, to be approved by USCIS (U.S. Citizenship and Immigration Services). 


Only then will it be possible for you to apply for this type of visa. Many people do most of the work online these days. To do that, you will need to go through the correct online application and fill out all the necessary information. 

The Details

Once you complete it, you will end up with a confirmation page. You must print out that page so that you can bring it to an interview later on. While you are completing the online application, also known as Form DS-160, you will need to upload a picture of yourself for identification. 


However, this is not to be any ordinary picture. You will need to follow strict requirements to make sure that your picture falls in alignment with certain rules and regulations. After that, it will be necessary to have an interview. 


However, people under the age of 13 and over the age of 79 usually do not need to go through this interview. For those between this age range, an interview is almost always necessary except for certain cases where visa renewals are involved. This interview must be done at your country's US embassy. 


While it is possible to schedule an interview whenever you want, you do have to keep in mind that the embassy is often very busy. For that reason, you may want to consider scheduling your interview ahead of time so that you don't have to wait too long. 

Understanding the Temporary Work Visa Process

Keep in mind that in order to schedule an interview in the first place, it is necessary to have the receipt number from either your Form I-129 or Form I-797. As long as you have the number from either one of those forms, you shouldn't have any problems scheduling an interview. Also, keep in mind that to schedule an interview, you may have to pay a fee. 


The exact cost of the fee will depend on a variety of factors, but it is usually between $100 and $200. Before the interview, you will need to have certain documents on you. Most importantly, you should have your passport with you along with the confirmation page of the Form DS-160 that you completed.


As for your identification photo, you won't need to bring one as long as yours was correctly uploaded online when you completed the form. However, if there was a problem when uploading the picture online, it will be necessary to print out the photo and bring it to the interview. And, as mentioned before, you will need to bring the receipt number from either Form I-129 or Form I-797.


As long as you have all that, you shouldn't have any trouble getting through the interview. However, there are some cases in which you may need additional documentation, so make sure that there isn't anything extra that you may be missing. 


During the interview itself, the interviewer will ask you a variety of questions concerning your visa and your plans to work in the United States.

What You Need to Know

For example, the interviewer may ask you what kind of visa you plan on getting and whether or not you are qualified to obtain a visa. It is your responsibility to prove that you are indeed legally able to qualify for a temporary work visa. 


At some point during the interview, you will need to have your fingerprints taken. Modern technology allows this to be done in a digital way, so there will be no need to use any ink. If there are any problems during the interview or during the review of your documents, it may be necessary to prolong the process somewhat with administrative processing. 


As long as your visa is approved, the application process will be done and over with. You will be without your passport for some time as it will need to be processed along with your visa. After a certain period of time, you should receive both your passport and your new visa in the mail. 


The exact period for this process will depend on a variety of factors. However, you can check your wait time online and have a rough idea of how long it might take to receive your visa.


If you need your visa by a certain time, it is important to apply for the visa long ahead of time. This is because the entire process can take quite a long time to get through, and you never know if you may encounter any problems during the application process.


As such, it is always a good idea to apply a bit early rather than too late. This can reduce stress and make the entire process far more efficient.

US Temporary Work Visa Lawyer

What Else Should You Know?

As long as your visa is approved and you get it in the mail along with your passport, you shouldn't have to worry about anything else concerning your visa. As long as you have it, you should be able to enter the United States and do whatever job your visa allows you to do. Keep in mind, however, that your visa will only be valid as long as it isn't expired. 


As soon as it expires, you will no longer be able to stay and work in the United States. However, it is important to keep your visa from expiring. If you let your visa expire before you can leave the country, you may end up in some legal trouble.


To avoid this, it is important to renew your visa if you plan on staying in the country for a longer period than you realized. Otherwise, you will have to leave the country. Fortunately, renewing your visa is not as complex of a process as applying for it in the first place. 


The expiry date for your work visa will depend on what kind of visa you have. Some visas allow you to stay and work for relatively long periods of time while others may only allow you to stay for a short time. Whatever the case, you can renew your visa online, similar to when you first applied for it. 


The interview process is usually not necessary when you are renewing a visa, but on rare occasions, it still may be necessary. Whatever the case, always be sure that you're on time when renewing your work visa. 

All About Getting a Temporary Work Visa

Getting a temporary work visa can be a long process, but it doesn't have to be too difficult as long as you make sure you follow along with all the necessary rules and regulations and make sure that you have the proper documentation. 


To learn more about it, reach out to Pablo G. Martinez Law Firm and contact us here.

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