NON-IMMIGRANT VISAS
H – Temporary Work Visa
Anyone going to the United States with the
intention of working there temporarily must obtain a nonimmigrant work visa. In
general, nonimmigrant work visas are based on a specific offer of employment
from a U.S. employer. Persons entering the United States on a business or
tourist visa (B-1/B-2), or visa free under the Visa Waiver Program, are not
permitted to work.
If you are going to the United States with the
intention of working there temporarily in specific prearranged employment, you
require a classification H visa. The employment must be approved in advance by
the Department of Homeland Security, United States Citizenship and Immigration
Services (USCIS) in the United States on the basis of a petition,
form I-129H filed by the United States
employer.
H-1B VISA (SPECIALTY OCCUPATION)
Required if you are going to the United States
to perform services in a prearranged professional job. To qualify, the alien
requires a bachelor’s or higher degree (or equivalent) in the specific specialty
for which employment authorization is being sought. It is the responsibility of
the USCIS to determine whether the employment constitutes a specialty occupation
and whether the alien is qualified to perform the services. Before filing the
petition, form I-129H,
with the USCIS Service Center having jurisdiction over the area where the
employment will take place, the employer is required file a labor condition
application with the Department of Labor concerning the terms and conditions of
the contract of employment.
H-2B VISA (SKILLED AND UNSKILLED WORKER)
Is required if you are going to the United States to perform a job, which is temporary or seasonal in nature
and for which there is a shortage of U.S. workers. Before filing the
petition form I-129H,
with the USCIS Service Center having jurisdiction over the area where the
employment will take place, the employer is required to obtain from the
Department of Labor, a labor certification confirming that there are no
qualified U.S. workers eligible for the employment on which the petition is
based.
H-3 (TRAINEE)
Is required by a trainee who is coming to the
United States to receive training from an employer in any field of endeavor,
other than graduate education or training. The training cannot be used to
provide productive employment and cannot be available in the individual’s home
country. The employer is required to file a
petition, form I-129H,
with the USCIS Service Center having jurisdiction over the area where the
training will take place.
NOTE
The USCIS offer a Premium Processing Service
that expedites the processing of a nonimmigrant visa petition.
Read more...
WHAT HAPPENS ONCE THE PETITION HAS BEEN APPROVED BY USCIS?
If an H petition has been approved in your name
you will need to apply for a visa before traveling to the United States. The
Notice of Action, form I-797A or B, is valid for travel when accompanied by the
appropriate visa. Read more...
SPOUSES, CHILDREN & PARTNERS
Spouses and/or children under the age of 21 who
wish to accompany or join the principal visa holder in the United States for the
duration of his/her stay require derivative H-4 visas. The application procedure
is the same; the I-797A or B covers dependents. If the spouse and/or children
apply for visas at a later date, a copy of the principal visa holders’ visa must
be furnished with the application. Spouses and/or children who do not intend to
reside in the United States with the principal visa holder, but visit for
vacations only, may be eligible to apply for visitor (B-2) visas,
or if qualified, travel visa free under the Visa Waiver Program.
To partners and common-law spouses.
H-4 VERSUS F-1
The spouse and/or children of an H-1 visa
holder may study on an H-4 visa. However, if they are qualified, they may apply
for the F-1 visa. If you have school age children, you should refer to the
regulations governing the issuance of F-1 visas.
WORKING ON AN H-4 VISA
The holder of an H-4 visa may not work
on a derivative visa. If he or she is seeking employment, the appropriate work
visa will be required.
HOW TO APPLY
To apply for a temporary work visa.
PLEASE NOTE
No assurances regarding the issuance of visas
can be given in advance. Therefore final travel plans or the purchase of
nonrefundable tickets should not be made until a visa has been issued.
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