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Temporary Work Visas (H)
 

Anyone going to the United States with the intention of working there temporarily requires a nonimmigrant work visa. Persons entering the United States on a visitor or business visa, or under the Visa Waiver Program (VWP) are not permitted to work.

Unlike some countries, the United States government does not issue work visas for casual employment. In general, work visas are based on a specific offer of employment.

H-1B visa (specialty occupation) is required for an employee who is coming 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, the employer is required to 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 for an employee who is coming 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, 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 for 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 to gain approval for the training.

Filing a petition with USCIS

The employment must be approved in advance by the United States Citizenship and Immigration Services (USCIS) in the United States on the basis of a petition, form I-129, filed by the employer with the USCIS Service Center.  Any questions which you may have concerning this process should be addressed to the appropriate USCIS office in the United States.

Separate Petitions Required in Certain Cases

Separate petitions are required if a person of distinguished merit or ability is going to the United States to fulfill a series of engagements as a result of more than one contract. The filing of separate petitions for each engagement may be avoided only if an agent of the applicant who would incorporate all engagements in one petition files the petition.

If you do not possess your I-797 Notice of Action, it is your responsibility to contact the appropriate USCIS office in the United States.  Please note that the approval of a petition does not, in itself, establish that you are entitled to receive a visa.

When working or studying in the United States temporarily, we want to ensure each nonimmigrant is aware of his/her rights, as well as protections and resources available.  To learn more about these, please review the Nonimmigrant Rights, Protections and Resources pamphlet at http://www.travel.state.gov/pdf/Pamphlet-Printer.pdf (pdf 291.3KB)

Applicants who wish to apply for temporary work visa must come in person to the U.S. Embassy.  

For step by step instructions on how to apply and schedule an appointment please click here.

For step by step instructions on how to apply and schedule an appointment please click here.

Documents required for H visa are:

 

  1. 1. A valid passport that has been signed by the applicant and, where applicable,
    • Previous passport with previously issued visa or
    • Police report in case of theft or loss of a previous passport with valid visa.  The report may be issued by a local police station or consular office or other foreign authority.
    • If you have ever been arrested and /or have a criminal conviction, have a medical ineligibility, or have been denied entry into or deported from the United States, you will be required to furnish documents relating to your situation in support of your application.
  2. The printed confirmation page containing the barcode generated by the DS-160 online application form (How to Apply - Step 3)
  3. One photograph that meets the required specifications (How to Apply - Step 1). Even if you have successfully uploaded the photo to the DS-160 please bring one with you on the day of your appointment.
  4. The original, photocopy or facsimile copy of the Notice of Action, Form I-797A, B or C.  The application cannot be processed without this form.


Spouse & Children

The spouse and children of an applicant classified as a temporary worker may also be classified as non-immigrants in order to accompany or join the principal applicant.  A person who has received visa under this classification as the spouse or child of a temporary worker or trainee may not accept employment in the United States in this status.  The principal applicant must be able to demonstrate that his/her resources will be sufficient to support the entire family in the United States.

Reminder: We always recommend that individuals apply for visas well in advance of their proposed date of travel. No assurances regarding the issuance of visas can be given in advance. Therefore, final travel plans or the purchase of non refundable ticket should not be made until a visa has been issued and you are in receipt of the passport.

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