United States Diplomatic Mission

Temporary Workers (H, L, O, P, Q)

Working in the United States is only possible with a visa - regardless of how long or short you stay.

To receive a work visa, a U.S. employer has to file a petition for a work permit for you in the U.S. After the petition has been approved you can apply for a visa. The U.S. Consulates in Germany do NOT provide information on job opportunities in the U.S. 

U.S. immigration laws prohibit you from taking a summer job, accepting an internship or au pair position if you do not have the proper visa. You may not enter the States on a tourist visa and then search for a place to work or do an internship. You must apply for the necessary visa in Germany.

Note: Medical students intending to do a Famulatar at an American university hospital have to apply for a B1/B-Visa.

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.

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. Government-to-Government research and development, or co-production projects administered by the Department of Defense also apply to this classification; 

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

H-2B classification applies to temporary or seasonal nonagricultural workers from certain countries. This classification requires a temporary labor certification issued by the Secretary of Labor. Germany is currently not included in the "Eligible Country List".

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

L-1 classification applies to intra-company 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;

Note: There is a $500 "fraud prevention and detection fee" for persons applying for L-1 visas under "blanket" provisions abroad.  This fee is to be paid in cash (euro or dollar) or with credit card (Visa, Mastercard, American Express or Discovery) on the day of your appointment.

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; 

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. 

Required Documentation
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 U.S. Citizenship and Immigration Services (USCIS). Once approved, the employer or agent is sent a notice of approval, Form I-797. It should be noted that the approval of a petition does not guarantee visa issuance to an applicant found to be ineligible under provisions of the Immigration and Nationality Act. 

Other Documentation
With the exception of the H-1 and L-1, applicants 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. 

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. With the exception of spouses of L visa "inter-company transferees", 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 U.S. Citizenship and Immigration Services (USCIS) may extend those time limits 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 USCIS 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 form I-797 (original) to apply for a new or revalidated visa during the validity period of the petition. The approval of a permanent labor certification or the filing of a preference petition for an alien shall not be a basis for denying a visa under the H-1 or L classifications.