DEPARTMENT OF STATE
Tips for U.S. Visas:
TEMPORARY WORKERS
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
which are shown in parentheses.
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 (65,000). This
classification also applies to Government-to-Government research and
development, or coproduction projects administered by the Department
of Defense (100);
H-2A classification applies to temporary
or seasonal agricultural workers;
H-2B classification applies to temporary
or seasonal nonagricultural workers. This classification requires a
temporary labor certification issued by the Secretary of Labor (66,000);
H-3 classification applies to trainees other
than medical or academic. This classification also applies to practical
training in the education of handicapped children (50);
L classification applies to intracompany
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;
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 (25,000);
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.
PETITIONS
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 United
States Immigration and Naturalization Service (INS). 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 shall not guarantee visa issuance
to an applicant found to be ineligible under provisions of the Immigration
and Nationality Act.
VISA INELIGIBILITY/WAIVER
The nonimmigrant visa application Form OF-156 lists
classes of persons who are ineligible under U.S. law to receive visas.
In some instances an applicant who is ineligible, but who is otherwise
properly classifiable as a temporary worker, may apply for a waiver
of ineligibility and be issued a visa if the waiver is approved.
APPLYING FOR THE VISA
Applicants for temporary work visas should generally
apply at the American Embassy or Consulate with jurisdiction over their
place of permanent residence. Although visa applicants may apply at
any U.S. consular office abroad, it may be more difficult to qualify
for the visa outside the country of permanent residence.
Required Documentation
Each applicant for a temporary worker visa must
pay a nonrefundable US$45 application fee and submit:
1) An application Form OF-156, completed and signed.
Blank forms are available without charge at all U.S. consular offices;
2) A passport valid for travel to the United States
and with a validity date at least six months beyond the applicant's
intended period of stay in the United States. If more than one person
is included in the passport, each person desiring a visa must make an
application;
3) One photograph 1 and 1/2 inches square (37x37mm)
for each applicant, showing full face, against a light background; and
4) A notice of approval, Form I-797.
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.
U.S. PORT OF ENTRY
Applicants should be aware that a visa does not
guarantee entry into the United States. The U.S. Immigration and Naturalization
Service (INS) has authority to deny admission. Also, the period for
which the bearer of a temporary work visa is authorized to remain in
the United States is determined by the INS, not the consular officer.
At the port of entry, an INS official validates Form I-94, Record of
Arrival-Departure, which notes the length of stay permitted. Those temporary
workers who wish to stay beyond the time indicated on their Form I-94
must contact the INS to request Form I-539, Application to Extend Status.
The decision to grant or deny a request for extension of stay is made
solely by the INS.
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. 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 those time limits may be extended by the INS 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 INS 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 a copy of Form I-797
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 under the H-1 or L classifications
shall not be a basis for denying a visa.
FURTHER INQUIRIES
Questions about petitioning procedures, qualifications
for various classifications, and conditions and limitations on employment
should be made by the prospective employer or agent in the United States
to the nearest INS office. Questions on the visa application to the
American consular official should be addressed to the appropriate consular
office abroad by the applicant.
UNITED STATES DEPARTMENT OF STATE
Bureau of Consular Affairs
Visa Services
February 1998
Visa
Services
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