Work Visas
Anyone going to the United States with the intention of engaging in gainful employment must obtain a nonimmigrant work visa first. Approval from the Department of Homeland Security (DHS) Citizenship and Immigration Services (USCIS) is a prerequisite for a work visa. In general, work visas are based on a specific job offer from a U.S. employer. The most common temporary work visas are listed below with further information available at the Department of State's travel web page.
In addition to other application requirements, applicants for work visas must present their original I-797, Notice of Action (approval), at the time of their interview. In cases of blanket petitions, the original I-129S must be presented. DHS provides these forms to approved applicants.
Temporary Work Visa (H)
This classification applies to non-immigrants coming to the U.S. for temporary employment. The H visa classification is for workers in specialty occupations requiring at least a bachelor's degree and for other seasonal workers. Before going to work in the US, H applicants must obtain approval from the Department of Homeland Security (DHS) USCIS and apply for a visa from a US consulate.
Intra-company Transferee Visa (L-1)
The L-1 visa is intended for individuals who are transferred by their current employer to a specific executive or technical job with the same firm, or subsidiary thereof, in the United States. The employment must be approved in advance by the USCIS in the United States on the basis of an application filed by the prospective employer.
Regulations require blanket L-1 visa applicants to pay a $500 fraud prevention and detection fee. This fee must be paid at the time of interview (in cash, Euro or Dollars or with major credit cards).
Extraordinary Ability (O-1)
Persons with extraordinary ability in science, art, education, business, athletics, etc that plan to work or perform in the US may consider having their employer or agent petition for an O-1 visa. Essential support personnel for O-1 applicants may apply for O-2 visas. Dependents of O visa holders are eligible for O-3 visas.
Athletes, Artists, and Entertainers (P-1)
Visitors who have obtained an internationally recognized level of performance that are coming temporarily to the US to participate in a specific athletic competition or entertainment performance, as a part of a group, should apply for a P-1 visa. As with other work visas, an approved petition from USCIS is required before obtaining a visa.