Temporary Workers (H visas)

CLASSIFICATIONS

The Immigration and Nationality Act provides several categories of nonimmigrant visas for a person who wishes to work temporarily in the United States. There are annual numerical limits on some classifications which are shown in parentheses.

H-1B classification applies to persons in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. This classification requires a labor attestation issued by the Secretary of Labor (65,000). This classification also applies to Government-to-Government research and development, or coproduction projects administered by the Department of Defense (100);

H-2A classification applies to temporary or seasonal agricultural workers;

H-2B classification applies to temporary or seasonal nonagricultural workers. This classification requires a temporary labor certification issued by the Secretary of Labor (66,000);

H-3 classification applies to trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children (50);

L classification applies to intracompany transferees who, within the three preceding years, have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity;

O-1 classification applies to persons who have extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field;

O-2 classification applies to persons accompanying an O-1 alien to assist in an artistic or athletic performance for a specific event or performance;

P-1 classification applies to individual or team athletes, or members of an entertainment group that are internationally recognized (25,000);

P-2 classification applies to artists or entertainers who will perform under a reciprocal exchange program;

P-3 classification applies to artists or entertainers who perform under a program that is culturally unique (same as P-1); and

Q-1 classification applies to participants in an international cultural exchange program for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the alien's home country.

PETITIONS

In order to be considered as a nonimmigrant under the above classifications the applicant's prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, with the United States Department of Homeland Security (DHS). Once approved, the employer or agent is sent a notice of approval, Form I-797. When you apply for your work visa, you must present the ORIGINAL notice of approval form I-797 to the consular officer. For a subsequent visa based on the same petition, applicants should present proof of continuing employment by the petitioner. It should be noted that the approval of a petition shall not guarantee visa issuance to an applicant found to be ineligible under provisions of the Immigration and Nationality Act.

APPLYING FOR THE VISA

In addition to the documents described in "Basic documents and photographs", applicants, with the exception of the H-1 and L-1, may also need to show proof of binding ties to a residence outside the United States which they have no intention of abandoning. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.

U.S. PORT OF ENTRY

Petition-based visa applicants may apply for a visa up to 90 days prior to the start of their approved status period but may enter the U.S. no earlier than 10 days prior to the beginning of the approved status period (an immigration inspector may deny you entry into the United States if you use the visa earlier than this ten day period)

ADDITIONAL INFORMATION

Family Members

With the exception of "Q-1 Cultural Exchange Visitors," the spouse and unmarried, minor children of an applicant under any of the above classifications may also be classified as nonimmigrants in order to accompany or join the principal applicant. A person who has received a visa as the spouse or child of a temporary worker may not accept employment in the United States. The principal applicant must be able to show that he or she will be able to support his or her family in the United States.

Time Limits

All of the above classifications have fixed time limits in which the alien may perform services in the United States. In some cases those time limits may be extended by the DHS in order to permit the completion of the services. Thereafter, the alien must remain abroad for a fixed period of time before being readmitted as a temporary worker under any classification. The DHS will notify the petitioner on Form I-797 whenever a visa petition, an extension of a visa petition, or an extension of stay is approved under any of the above classifications. The beneficiary may use a copy of Form I-797 to apply for a new or revalidated visa during the validity period of the petition.

FURTHER INQUIRIES

Questions about petitioning procedures, qualifications for various classifications, and conditions and limitations on employment should be made by the prospective employer or agent in the United States to the nearest DHS office. Questions on the visa application to the American consular official should be addressed to the appropriate consular office abroad by the applicant.

Approved visas require one day for processing. Visa recipients can pick up their passport with visa at 16:00 the next business day after the day of their interview, unless otherwise notified.

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