Temporary Professionals and Trainees

This nonimmigrant (granted for a limited period) category is reserved for individuals who are professionals coming to a permanent or a temporary position with a U.S. employer that requires a professional level of education and experience. The U.S. Bureau of Citizenship and Immigration Services (BCIS (a.k.a INS)) defines a professional (“specialty”) occupation as one requiring the attainment of at least a Bachelor’s degree, or its equivalent, as a minimum for entry into the occupation. The equivalent may be a foreign degree that equates to a U.S. degree, or a combination of education and experience.

The workers in this category may fill permanent positions in the United States, provided they depart the United States at the end of their authorized periods of stay, including any extensions of stay. H1B workers do not need to maintain a foreign residence during their period of stay in the United States, a requirement imposed on many other nonimmigrant categories. In addition, H1B workers may seek permanent residence concurrently with petitioning for or holding H1B status.

Several “H” visa categories are critical to large and small employers throughout the U.S. These categories are divided as follows: (1) H1A professional (registered) nurses; (2) H1B persons qualified to perform services in “specialty occupations” (which generally encompass professional jobs); (3) H2A temporary or seasonal agricultural workers in short supply; (4) H2B temporary nonagricultural workers in short supply; and (5) H3 trainees. Spouses and children accompanying a principal H worker or trainee may secure derivative H4 status.

Read Next: Intra Company Transferees

Related Links

• Nonimmigrant visas: Introduction

• Intra Company Transferees

• Treaty Traders and Investors

• Other Nonimmigrant Visas

Check out VisaPortal.com - our new U.S. immigration web portal dedicated to bringing more transparency, justice and accountability to U.S. immigration and providing information and other resources to immigrants and other interested parties.