Embassy of the United States Brussels, Belgium

Anyone wishing to do salaried work in the United States, for however brief a period, requires an appropriate working visa (H, L, O, P, Q, R visas).

A person’s eligibility for a certain temporary working visa category depends on the nature of the job offered, the person’s qualifications, and other factors.

Except for L or H visa applicants, each worker must have a residence in a country outside the United States which he or she has no intention of abandoning.

A person who plans to work permanently in the United States may not be classified as a non-immigrant under this section of the law and must apply for an immigrant visa.  

All temporary working visas are for specific positions in the United States and require prearranged employment.

• The first step in applying for a temporary working visa is to locate an employer in the United States who requires your services and who is willing to file a petition (form I-129) on your behalf with the U.S. Citizenship and Immigration Services (USCIS).  If USCIS approves the petition, USCIS will send your employer form I-797, “Notice of Approval”.  This is not a visa.
  
• When you receive this notice of an approved petition, please call number 02.788.12.00 to schedule an appointment for a visa interview at the U.S. Embassy’s visa section.  When calling, please provide your petition receipt/approval number.  

Where to apply?

Generally speaking, applicants for temporary working visas should apply at the U.S. Embassy or Consulate having jurisdiction over their place of permanent residence. Belgian nationals and residents of Belgium may apply in Brussels.

Although applicants for temporary working visas are free to apply at any U.S. consular office abroad, there is no absolute guarantee that their visa application will be automatically accepted.

Supporting documents required, in addition to the general visa application (see here)

• the original Form I-797 (Notice of Action), the notice of approval by USCIS of your petition.
   
• proof of relationship (marriage booklet, marriage certificate, birth certificate) if you apply for dependents.
   
• Principal applicants of Blanket L-1 petitions are required to pay a supplemental 500 USD Blanket L Fraud Detection and Prevention fee.  Furthermore, an additional fee of 2,250 USD is now required by the U.S. Border Security Act for those Blanket L-1 principal applicants whose  form  I-129S includes an annotation by the petitioning company stating the Border Security Act fee is required.  Both fees are collected at the time of interview by cash (dollars or euros) or credit card.  **Do not pay these fees in advance.**Spouses and children of Blanket L-1 petition applicants do not pay these supplemental fees. 

Types of temporary working visas

• H-visa:
  The H visa category includes:
  
  • H-1A: Professional nurses
  • H-1B: Persons in specialty occupations requiring highly specialized knowledge; this category includes fashion models of distinguished merit and ability
  • H-2A: Temporary agricultural workers
  • H-2B: Foreign skilled/unskilled workers of a type unavailable in the United States
  • H-3: Trainees (see Internships).

Work permits for these classifications cannot be obtained from the U.S. Embassy in Brussels. These categories require the prospective employer to file a Labor Condition Application with the Department of Labor and to file an "H" petition (Form I-129) with the USCIS District Office nearest the place of your intended employment in the United States.

The USCIS must approve the petition and send official notification of that approval to the employer who, in turn, will notify the prospective employee of the petition approval. It should be noted that the approval of a petition shall not, in itself, establish that the applicant is entitled to receive a visa if he or she is found to be otherwise ineligible under the provisions of the Immigration and Nationality Act.

Prior to the commencement of employment, the employer must supply the prospective employee with a copy of the Labor Condition Application that was filed with the Department of Labor attesting, among other things, that the employer will pay the H-1B employee the higher of the actual wage paid to similarly employed workers at the place of employment, or the prevailing wage level for the occupational classification in the area of intended employment.

• L-visa: for intra-company transferees who are coming to a U.S. parent, branch, subsidiary or affiliate of a foreign company. The person must have been continuously employed abroad for one of the past three years in an executive, managerial or specialized knowledge capacity by a parent, an affiliate or a subsidiary of a U.S. company. A petition must be filed on behalf of the intra-company transferee on Form I-129 by either the U.S. or the foreign employer.
  
  *All principal applicants of Blanket L petitions are required to pay a supplemental  500 USD Blanket L Fraud Detection and Prevention fee.  Furthermore, an additional fee of 2,250 USD is now required by the U.S. Border Security Act for those Blanket L-1 principal applicants whose  form  I-129S includes an annotation by the petitioning company stating the Border Security Act fee is required.  Both fees are collected at the time of interview by cash (dollars or euro equivalent) or credit card.  **Do not pay these fees in advance.**  Spouses and children of L-1 Blanket L petition applicants do not pay these suplemental fees.


• O-visa: for persons who have extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by a sustained national or international acclaim or, with regard to motion picture and television productions, a demonstrated record of extraordinary achievement, whose achievements must have been recognized in the field through extensive documentation, and who seek to enter the United States to continue work in the area of extraordinary ability.
  
  This classification is also available to persons accompanying and assisting in the artistic or athletic performance for a specific event or events.
  


• P-visa: for athletes and entertainers who perform individually or as part of a group at an internationally recognized level of performance; who perform in a U.S./Foreign Reciprocal Exchange Program; or who perform as an artist or entertainer, individually or as part of a group, or as an integral part of the performance of such a group and who seek to enter the United States temporarily and solely to perform, teach, or coach as such an artist or entertainer or with such a group under a commercial or noncommercial program that is culturally unique. 
  


• Q-visa: for participants in an international cultural exchange program designated to provide practical training, employment, and the sharing of the history, culture and traditions of the country of the participant’s nationality.  Q status cannot exceed 15 months. See also Exchange Visitor Visas.
  


• R-visa: for ministers who are working in a professional capacity in a religious vocation or occupation or to persons who are working for a religious organization in a religious vocation or occupation who have been a member of a qualifying religious denomination for at least two years immediately preceding the application.

Dependents

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.  However, they may not work in this status in the United States.

Exception :  Spouse and children may seek employment on a derivative L-2 visa.  For further information, please contact USCIS on your arrival in the U.S.

• E-visa: for Treaty Trade and Treaty Investors
  For specific information on E visas, click on Treaty Traders and Treaty Investors
  
• I-visa: for representatives of foreign press, radio, film, or other foreign information media. 
  
  For specific information on I visas, click here.

Permanent employment

For information on visas for permanent employment, see Immigrant Visa pages.