Important information about temporary workers visas

PETITIONS

Working in the United States is not allowed without a permission of the Immigration Authorities (DHS). The consular offices cannot offer any help in searches for jobs or internships. In order to get a visa the prospective employer in the United States has to file a Form-129, Petition for Nonimmigrant Worker with the Department of Homeland Security (DHS). Once approved, the employer or agent is sent a notice of approval, Form I-797. The consular officer can only issue a visa if the original and copy of the form I-797 (Notice of Action/Approval) are submitted with the application. It should be noted that the approval of petition does not guarantee visa issuance to an applicant found to be ineligible under provisions of the Immigration and Nationality Act.

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 submit:

• A valid international passport;
• One recent photograph for each applicant, including children;
• An application form DS-156 for each applicant, regardless of age, completed and signed;
• An application form DS-157 (only for those aged 16-45);
• Original Notice of Action (Form I-797);
• Copy of Form I-797;
• Approved I-129 petition (if available)
• For spouses and children of work visa holders - proof of relationship to principal alien (original marriage certificate, original birth certificate of child).

U.S. PORT OF ENTRY

Applicants should be aware that a visa does not guarantee entry into the United States. The U.S. Department of Homeland Security (DHS) has authority to deny admission. Also, DHS, not the consular officer, determines the period for which the bearer of a temporary work visa can remain in the U.S. and authorizes the length of stay permitted on form I-94, Record of Arrival-Departure. Those temporary workers who wish to stay beyond the time indicated on their Form I-94 must contact the DHS to request Application to Extend Status. The decision to grant or deny a request for extension of stay is made solely by the DHS.

CLASSIFICATIONS

• 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. 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;
• H-2A classification applies to temporary or seasonal agricultural workers;
• H-2B classification applies to temporary or seasonal nonagricultural workers;
• H-3 classification applies for trainees other then medical or academic;
• H-4 classification applies to spouse or child accompanying to join any of the above;
• L-1 classification applies to intra-company transferees who, within the three preceding years, have been employed abroad continuously for one year, and 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;
• L-2 classification applies to spouse or child of L-1 visa recipients;
• O-1 classifications 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 an alien at the internationally recognized level of performance coming temporarily to the U.S.: to perform at a specific athletic competition, individually or as a pert of a group or team; to perform at a specific entertainment performance as a member of an entertainment group;
• P-2 classification applies to an artist or entertainer in reciprocal exchange program between the U.S. and one or more foreign states;
• P-3 classifications applies to an artist or entertainer coming to the U.S. to perform, teach or coach under a commercial or noncommercial program that is culturally unique;
• P-4 classification applies to the spouse or children of P-1, P-2, P-3 visa recipients;
• Q-1 classification applies to the participants in an international cultural exchange program. A spouse or child, who wishes to accompany or follow to join the holder of Q visa, must qualify independently for a B-2 (tourist visa) or other category of visa.

FAMILY MEMBERS

With the exception of "Q-1 Cultural Exchange Visitors," the spouse and unmarried, minor children of any applicant under any classification 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.