When considering a move to the United States for employment or hiring international talent, temporary worker visas are often the first step in making these goals a reality. These visas open doors for skilled professionals, seasonal workers, and specialized talent to contribute to the U.S. economy while gaining valuable experience.

For companies, they provide a way to address labor shortages, tap into a diverse talent pool, and grow their workforce without long-term immigration commitments.

Understanding the basics of temporary worker visas, knowing the specific categories available, and navigating the application process are crucial for expats and businesses. In this guide, we’ll break down the different types of temporary worker visas, who they are designed for, and how they can be obtained.

We’ll also explain how Employer of Record (EOR) in USA services can simplify the hiring process and ensure compliance, making securing and managing a temporary workforce easier.

What are temporary worker visas?

Temporary worker visas are non-immigrant visas that allow foreign nationals to enter the U.S. for a limited time and perform specific job duties. These visas serve a variety of industries, from technology and healthcare to agriculture and hospitality, and they help meet the demand for skilled and unskilled labor that cannot be readily found within the domestic workforce.

Some common scenarios where temporary worker visas are used include:

• IT consultants brought on for a high-demand project.
• Agricultural workers hired to harvest crops during peak seasons.
• Seasonal hospitality staff employed during the tourist high season.

By clearly defining the job role and duration, temporary worker visas help ensure a legal and structured approach to hiring foreign talent for short-term needs.

5 common types of temporary worker visas and their uses

Several visa categories fall under the umbrella of temporary worker visas, each tailored to specific job types and industries:

H-1B visa

Designed for “specialty occupations” that typically require at least a bachelor’s degree or its equivalent. Common fields include IT, engineering, finance, and healthcare. To obtain an H-1B visa, the sponsoring employer must file a petition and demonstrate that the job cannot be filled by a U.S. worker. These visas are initially valid for up to three years, with the possibility of an extension.

H-2A visa

Intended for temporary agricultural workers, the H-2A visa allows farmers and agribusinesses to bring in seasonal labor for planting, harvesting, or other agricultural tasks. Employers must show that they’ve attempted to hire U.S. workers first and that the foreign workers are needed for a defined seasonal period.

H-2B visa

This visa covers non-agricultural seasonal work, such as tourism, hospitality, landscaping, and seafood processing jobs. Like the H-2A, employers must prove that U.S. workers are unavailable for the positions.

O-1 visa

Designed for individuals with extraordinary abilities or achievements in fields such as sciences, arts, education, or athletics. Researchers, artists, performers, and other highly accomplished professionals often use these visas.

L-1 visa

For intra-company transfers, the L-1 visa allows businesses to bring key personnel from their foreign offices to U.S. locations. This is particularly useful for multinational companies that must maintain a seamless flow of expertise across borders.

Each of these visas has its own eligibility criteria, processing times, and duration limits, making it essential to choose the right category based on the job role and length of stay.

How to apply for a temporary worker visa?

Applying for a temporary worker visa involves multiple steps, and the process differs slightly depending on the visa type. Generally, the sponsoring employer initiates the process by filing a petition with the U.S. Citizenship and Immigration Services (USCIS).

For most work visas, this includes submitting Form I-129 (Petition for a Nonimmigrant Worker) and providing supporting documents, such as proof of the job offer, evidence of the employee’s qualifications, and details about the employer’s ability to pay the offered salary.

Once the petition is approved, the foreign worker applies for the visa at a U.S. embassy or consulate in their home country. This step includes completing Form DS-160 (Online Nonimmigrant Visa Application), paying a visa application fee, and attending an in-person interview. During the interview, applicants may be asked about their job role, qualifications, and ties to their home country.

Processing times can vary depending on the visa type, the embassy’s workload, and whether premium processing is requested. Employers and employees should plan well in advance to ensure all documents are in order and deadlines are met.

For more details, consult USCIS and the U.S. Department of State’s visa information.

How Employer of Record (EOR) services can help

Navigating the complexities of U.S. temporary worker visas can be challenging for businesses and individuals alike. This is where the Employer of Record services comes into play.

An Employer of Record (EOR) offers a wide range of services to support businesses and employees in navigating the U.S. temporary worker visa process. These include:

• Visa sponsorship and compliance: Ensuring all documentation, filings, and legal obligations are met for each visa type.
• Payroll processing: Accurately calculate wages, withholdings, and taxes, and ensure timely payments.
• Tax compliance: Managing federal, state, and local tax requirements, helping employers and employees meet all tax obligations.
• Onboarding support: Simplifying the hiring process by preparing compliant employment contracts, offering guidance on work authorization, and providing ongoing HR assistance.
• Legal expertise: Staying up-to-date on changes to U.S. immigration and labor laws, helping to avoid errors, delays, and penalties.
• Risk management: Minimizing liabilities and ensuring all employment practices meet federal and state regulations.

An EOR acts as the legal employer on behalf of a company, handling payroll, compliance, and visa sponsorship tasks. By partnering with an EOR, businesses can simplify hiring and reduce administrative burdens while meeting all legal and regulatory requirements.

For employees, an EOR can simplify the onboarding process and provide a single point of contact for visa-related questions. They ensure that employment contracts meet U.S. standards, payroll is processed accurately, and all tax obligations are fulfilled.

Moreover, EORs stay up-to-date on changing immigration laws, helping both employers and employees remain compliant at every step.

For example, a tech company looking to hire a highly skilled developer from overseas might find the H-1B application process daunting. By working with an EOR, the company can focus on integrating the new hire into their team, while the EOR handles the paperwork, visa sponsorship, and compliance checks. This partnership saves time and reduces the risk of errors or delays.

Tips for handling US work visas

Starting the visa process early is critical for expats considering temporary work in the USA. Ensure you have all the required documents, such as educational transcripts, employment contracts, and financial statements, well in advance. Stay informed about the specific requirements of your visa category and maintain open communication with your sponsoring employer or EOR. If you’re considering a more permanent move to the U.S., exploring permanent US visa options may be beneficial for long-term career and residency goals.

For businesses, compliance should be a top priority. Make sure your job offers align with the requirements of the chosen visa type, and keep detailed records of recruitment efforts to demonstrate that no qualified U.S. workers were available.

Partnering with an EOR can simplify these steps, allowing you to focus on growing your business and integrating talented foreign professionals into your team.

By taking the time to understand the various temporary worker visa options, both expats and businesses can manage the process more efficiently, ensuring a smoother transition into the U.S. workforce.

Conclusion: over to you

Understanding the ins and outs of temporary worker visas in the USA is essential for expats looking to seize career opportunities and for businesses aiming to hire skilled international talent.

By carefully selecting the appropriate visa type, following the correct application steps, and considering the advantages of Employer of Record services, you can make the process smoother and more efficient.

If you’re ready to take the next step, contact us to learn how we can help you navigate these complexities, ensuring a compliant and seamless transition for everyone involved.