Non-Immigrant Visa

Anyone going to the United States with the intention of working there temporarily must obtain a nonimmigrant work visa. In general, nonimmigrant work visas are based on a specific offer of employment from a U.S. employer. Persons entering the United States on a business or tourist visa (B-1/B-2), are not permitted to work.

If you are going to the United States with the intention of working there temporarily in specific prearranged employment or are being transferred by a present employer to a branch of the same firm in the United States, you require a classification H or L visa. The employment must be approved in advance by the office of the Immigration and Naturalization Service (INS) in the United States on the basis of a petition form I-129H or L, filed by the United States employer.

H-1B visa (specialty occupation) is required of an employee who is coming to the United States to perform services in a prearranged professional job. To qualify, the alien requires a bachelor's or higher degree (or equivalent) in the specific specialty for which employment authorization is being sought. It is the responsibility of the INS to determine whether the employment constitutes a specialty occupation and whether the alien is qualified to perform the services. Before filing the petition form I-129H with the INS Service Center having jurisdiction over the area where the employment will take place, the employer is required to file a labor condition application with the Department of Labor concerning the terms and conditions of the contract of employment.

H-2B visa (skilled and unskilled worker) is required by an employee who is coming to the United States to perform a job, which is temporary or seasonal in nature and for which there is a shortage of U.S. workers. Before filing the petition form I-129H with the INS Service Center having jurisdiction over the area where the employment will take place, the employer is required to obtain from the Department of Labor, a labor certification confirming that there are no qualified U.S. workers eligible for the employment on which the petition is based.

H-3 (trainee) visa is required by a trainee who is coming to the United States to receive training from an employer in any field of endeavor, other than graduate education or training. The training cannot be used to provide productive employment and cannot be available in the individual's home country. The employer is required to file a petition form I-129H with the INS Service Center having jurisdiction over the area where the training will take place.

L-1 Visa (intracompany transferee) is required by an employee of an international company who is being transferred to a parent, branch, affiliate or subsidiary in the United States. To qualify, the alien must be at the managerial or executive level, or have specialized knowledge and be destined to a position within the U.S. company at either of these levels, although not necessarily in the same position as held previously. An L-1 visa is also the appropriate visa classification for an employee of an international company who is coming to the United States to establish a parent, branch, affiliate or subsidiary in the United States. To qualify, the alien must be at the executive or managerial level, or have specialized knowledge and demonstrate that the company has secured sufficient physical premises to house the new office. The U.S. Company is required to file the petition form I-129L with the INS Service Center having jurisdiction over the area of intended employment. In the case of a petition to open an office, the petitioner is the international company. Any questions which you may have concerning this process should be addressed to the appropriate INS office in the United States.

Note:  In accordance with U.S. law, as of March 8, 2005 principal applicants for "L" visa classification based on an approved blanket petition will be required to pay a fraud prevention and detection surcharge in the amount of USD 500.  The surcharge does not apply to the applicant's spouse or children. 

A petition has been approved in your name, what next? If an H or L petition has been approved in your name you will be required to apply for a visa before traveling to the United States. The Notice of Action, form I-797A or B, is not valid for travel unless accompanied by the appropriate visa

Spouses and Children: Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative H-4 or L-2 visas. The application procedure is the same; the I-797A or B covers dependents. If the spouse and/or children apply for visas at a later date, a copy of the principal visa holder's visa must be furnished with the application. The holder of an H-4 or L-2 visa may study at an academic institution. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas.

H-4 & L-2 verses F-1: There is no requirement that the spouse and/or children of an H-1 visa holder apply for a student (F-1) visa if they wish to study in the U.S.; they may study on an H-4 visa. However, if they are qualified, they may apply for the F-1 visa. If you have school age children, you should refer to the regulations governing the issuance of F-1 visas.

Working on an H-4 & L-2 visa: The holder of an H-4 visa may not work on a derivative visa. If he or she is seeking employment, the appropriate work visa will be required. However, as a result of a recent change in the law, spouses of L-1 visa holders may seek employment authorization on derivative L-2 visas. For further information, please contact the Immigration and Naturalization Service on your arrival in the United States.

Please Note: No assurances regarding the issuance of visas can be given in advance. Therefore final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued.

1. Link to USCIS Temporary Workers for petition based employment visas.
   
2. Link(s) to USCIS forms.