In order for you to come to the United States lawfully as a nonimmigrant to work temporarily in the United States your prospective employer must generally file a nonimmigrant petition on your behalf with USCIS. Some categories of nonimmigrant petitions may be adjudicated by premium processing for an additional fee, which offers a 15 calendar-day turnaround. Upon approval, the prospective employee may apply for a nonimmigrant visa at his or her respective U.S. consulate. If the prospective employee is already in the United States in a different status, he or she may file an application for a change of status at the same time the employer files the nonimmigrant petition.
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.