WORK

Temporary Workers

Find out how you can get an H1B visa / work permit this year – Start Here.

1.      Healthy - No inoculations are required to enter the US, unless you were recently in a country with epidemics such as cholera and yellow fever. HIV-positive people are not allowed to enter the US.

2.      Law-abiding - Criminal behavior is grounds for deportation.

3.      Able to support yourself financially during your stay.

4.      You intend to leave the US after you complete your studies.

 
Overview and Types of Visas (Classifications)

There are several categories of nonimmigrant visas for a person who wishes to work temporarily in the United States. If you want to work in the U.S. temporarily, under immigration law, you need a specific visa based on the purpose of your travel and type of work you will be doing. To learn more, please see Temporary Workers  

· 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.

· H-1C classification applies to foreign nurses coming to perform nursing services in medically underserved areas for a temporary period up to three years. H-2A classification applies to temporary or seasonal agricultural workers;
H-2B classification applies to temporary or seasonal nonagricultural workers.
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 intra-company 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

To be considered as a nonimmigrant under the above classifications, for some temporary worker categories, the applicant may petition here.

Visa Ineligibility / Waiver

The nonimmigrant visa application Form DS-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.

Required Documentation

Each applicant for a visitor visa must submit these forms and documentation as explained below. For current fees for Department of State government services select Fees.

· An application, Nonimmigrant Visa Application, Form DS-156, completed and signed. The DS-156 must be the March 2006 date, electronic "e-form application."  .


· A Supplemental Nonimmigrant Visa Application, Form DS-157 provides additional information about your travel plans. Submission of this completed form is required for all male applicants between 16-45 years of age. It is also required for all applicants from state sponsors of terrorism age 16 and over, irrespective of gender, without exception. Four countries are now designated as state sponsors of terrorism, including Cuba, Syria, Sudan, and Iran.

· A passport valid for travel to the United States with a validity date of 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. .

· One (1) 2x2 photograph. See the required photo format explained in nonimmigrant photograph requirements

Legal Rights and Protections for Employment (H1-B, H2-A and H2-B) or Education-based Nonimmigrants

Recent changes to U.S. law relate to the legal rights of employment-based nonimmigrants under Federal immigration, labor, and employment laws, and the information to be provided about protections and available resources. As a temporary visitor to the U.S., it is important that you are aware of your rights, as well as protections and resources available when you come to work or study here.

Entering the U.S. - Port of Entry

A visa allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to enter the United States. Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States.  If you are allowed to enter the U.S., the CBP official will determine the length of your visit on the Arrival-Departure Record (Form I-94). Since Form I-94 documents your authorized stay in the United States, it is very important to keep in your passport. 

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 (a petition-based NIV), may not accept employment in the United States (with the exception of spouses of L-1 visa holders - L-2 spouses may engage in employment with an "employment authorized" endorsement or appropriate work permit.) 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 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 beneficiary may use a copy of Form I-797 to make an appointment 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.