Temporary (Nonimmigrant) Workers
In order for you to come to the United States lawfully as a nonimmigrant to work temporarily, your prospective employer must generally file a nonimmigrant petition on your behalf with USCIS1.
Spouses and Children Seeking Dependent Nonimmigrant Classification
Spouses and children who qualify for dependent nonimmigrant classification of a temporary worker and who are outside of the United States should apply directly at a U.S. consulate for a visa.
Spouses and children requesting a change of status or extension of stay in a dependent nonimmigrant classification must file Form I-539, Application to Extend/Change Nonimmigrant Status. Please see the Form I-539 instructions for further information on filing procedures for this application.
Federal U.S. Tax Information
Noncitizens employed in the U.S. may have a U.S. tax obligation. See the Taxation of Nonresident Aliens page on the Internal Revenue Service (IRS) website for more information.
|Nonimmigrant Classification for a Temporary Worker||Description||Nonimmigrant Classification for Dependent Spouses and Children of a Temporary Worker|
|CW-1||CNMI-Only transitional worker||CW-2|
|E-1||Treaty traders and qualified employees.||E-13|
|E-2||Treaty investors and qualified employees.||E-23|
|E-2C||Long-term foreign investors in the CNMI||E-2C|
|E-3||Certain "specialty occupation" professionals from Australia.||E-33|
|H-1B||Workers in a specialty occupation and the following sub-classifications:
|H-1C2||Registered nurses working in a health professional shortage area as determined by the U.S. Department of Labor.||H-4|
|H-2A||Temporary or seasonal agricultural workers.||H-4|
|H-2B||Temporary non-agricultural workers.||H-4|
|H-3||Trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children.||H-4|
|I||Representatives of foreign press, radio, film or other foreign information media.||I|
|L-1A||Intracompany transferees in managerial or executive positions.||L-23|
|L-1B||Intracompany transferees in positions utilizing specialized knowledge.||L-23|
|O-1||Persons with extraordinary ability in sciences, arts, education, business, or athletics and motion picture or TV production.||O-3|
|O-2||Persons accompanying solely to assist an O-1 nonimmigrant.||O-3|
|P-1A||Internationally recognized athletes.||P-4|
|P-1B||Internationally recognized entertainers or members of internationally recognized entertainment groups.||P-4|
|P-2||Individual performer or part of a group entering to perform under a reciprocal exchange program.||P-4|
|P-3||Artists or entertainers, either an individual or group, to perform, teach, or coach under a program that is culturally unique.||P-4|
Persons participating in an international cultural exchange program for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the noncitizen's home country.
|TN||North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada.||TD|
1 Only a few nonimmigrant classifications allow you to work in this country without an employer having first filed a petition on your behalf. Such classifications include the nonimmigrant E-1, E-2, E-3 and TN classifications, as well as, in certain instances, the F-1 and M-1 student and J-1 exchange visitor classifications. You should refer to the USCIS webpage for your classification to determine whether you must obtain employment authorization before beginning work.
2 The H-1C nonimmigrant classification expired on Dec. 20, 2009.
3 E and L dependent spouses are considered employment authorized incident to status. Such spouses are no longer required to request an employment authorization document by filing Form I-765, Application for Employment Authorization, with fee, but they may continue to file Form I-765 if they choose to receive an Employment Authorization Document (Form I-766 EAD). DHS is taking steps to modify Forms I-94 evidencing nonimmigrant status issued to E and L dependents so that E and L dependent spouses can be distinguished from E and L dependent children on the face of the document. Once these changes are made, the revised Form I-94 containing a notation indicating that the bearer is an E or L dependent spouse will be acceptable as evidence of employment authorization under List C of Form I-9.
4 Though the Immigration and Nationality Act (INA) does not provide a specific nonimmigrant classification for dependents of Q-1 nonimmigrants, this does not preclude the spouse or child of a Q-1 from entering the U.S. in another nonimmigrant classification.