Embassy of the United States Kyiv, Ukraine

Anyone going to the United States with the intention of working there temporarily must obtain a non-immigrant work visa.  Those entering the United States on a visitor or business visa are not permitted to work.  In general, work visas are based on a specific employment offer.

Work Visa Categories

• E2 classification applies to treaty investors.  Please visit the Treaty Investor (E2) Visa page for more information.
• H1B classification applies to persons in a specialty occupation, which requires higher education.  Specialty occupations include such fields as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, the arts, or the alien must be a fashion model of distinguished merit and ability.
• H2A classification applies to temporary or seasonal agricultural workers.
• H2B classification applies to temporary or seasonal nonagricultural workers.
• H3 classification applies to trainees other than medical or academic.
• H4 classification applies to spouse or child accompanying to join any of the H visa principal applicants.
• L1 classification applies to intra-company transferees 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.
• L2 classification applies to spouse or child of L1 visa recipients.
• TN classification applies to citizens of Mexico and Canada under the North American Free Trade Agreement (NAFTA).  Please visit NAFTA's website for more information.
• TD classification applies to the dependents of the citizens of Mexico and Canada under the North American Free Trade Agreement (NAFTA).  Please visit NAFTA's website for more information.

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Filing a Petition

Working in the United States is not allowed without a permission of the Immigration Authorities (USCIS).  The consular offices cannot offer any help in searches for jobs or internships.  In order to get a visa, the prospective employer is required to file a petition, Form I-129, on your behalf with the United States Citizenship and Immigration Services (USCIS).  It should be noted that the petition approval does not guarantee visa issuance to an applicant found to be ineligible under provisions of the Immigration and Nationality Act.

Consular posts are now able to access details of approved non-immigrant visa petitions in a new report called PIMS (Petition Information Management Service).  Each approved I-129 petition will be linked to a base petitioner record, allowing superior tracking of non-immigrant petitioner and petition information.  The electronic PIMS record will now be the primary source of evidence to be used in determining petition approval.

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Family Members

The spouse and unmarried minor children of any applicant under any classification may also be classified as non-immigrants 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.

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Required Documents

1.   How to Apply/General Application Package (for each applicant, including children).

2.   For spouses and children of work visa holders – proof of relationship to the principal alien (i.e., original marriage certificate, original birth certificate of the child).

3.   I-797 approval notices or approved I-129 forms are no longer required.  The only requirement for making an appointment is the receipt number provision of the approved I-129.

4.   In addition to the MRV fee, those applying under a blanket L-visa petition must pay the non-refundable anti-fraud fee of USD $500 at the Consular Section.

5.   For H visa applicants only: the printable version of the William Wilberforce Trafficking Victims Protection Act (WWTVPRA) pamphlet.  NOTE: If you are applying for H visa, it is required to carefully read and become familiar with the pamphlet before the visa interview. 

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IMPORTANT INFORMATION

Beginning immediately certain H-1B and L-1 visa applicants will have to pay additional fees.  These fees are the result of U.S. Public Law 111-230, known as the "Border Security Act," which the President has signed.

The U.S. government must collect an additional fee ("Border Security Act fee") of $2,000 in certain H-1B cases and $2,250 in certain L-1 cases.  This fee is to be collected if the petitioning employer has more than 50 employees in the United States and more than 50 percent of whom are in H-1B or L status.  Note: L-2 derivatives are not subject to the fee. 

U.S. Citizenship and Immigration Services (USCIS) will collects these fees domestically from employers as part of the H-1B and L-1 petition process. 

In cases when these fees were not paid at the time a petition was filed, the Department has determined that overseas posts will collect these fees from applicants for blanket L-1 visas on their employers' behalf.  Such applicants should be reimbursed by their employers. 

USCIS has requested that all H-1B and L-1 petitioners attest whether the fee is required in bold, capital letters at the top of the petition packet's cover letter. 

USCIS places the burden on the petitioner to supply and attest to the information that is necessary for a consular officer to determine whether the petitioner meets the criteria for fee payment.

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