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What is an H-2B VISA?
The H-2B visa enables U.S. businesses and
agents to fill temporary needs for nonimmigrant workers. Many individuals
unable to obtain an O or P Visa may apply for this visa. However,
medical graduates are not allowed to apply for this visa. The visa
is not self-petitioned, which means you will need an employer to
sponsor you.
Principal Requirements:
- An approved temporary labor certification
from the U.S. Department of Labor.
- Proof of your qualifications for the position.
- A letter detailing the nature of the position.
- Proof of the temporary nature of the position.
- A letter detailing the nature of the temporary
need for foreign workers.
Application Process:
1. Apply for a Temporary Labor Certification from the U.S. Department
of Labor (DOL). You must meet all requirements of the DOL, and you
must prove that there are no U.S. workers available for the proposed
position.
2. The employer must then attempt to recruit eligible U.S. individuals
for the proposed positions.
3. Once it is determined no suitable recruits are available in the
U.S., the DOL will send the employer labor certification.
4. The employer may then petition INS for your H-2B Visa. After
approval of this petition, you may apply at the consulate in your
home nations.
Can I Bring My Spouse and Children with Me to the United States?
Your spouse and unmarried children under the
age of 21 are allowed to join you in the U.S. under H-4 visa status.
Can My Spouse or Child Accept Employment when
on H-4 Visa Status?
Your dependents are not permitted to work based
solely on your H-2B status. However, they may personally qualify for
a work visa.
Company Visa for Training Programs –
The H-3 VISA
What is an H-3 VISA?
The H-3 Visa enables individuals to train
in the U.S. in 'any field of endeavor'. This includes agriculture,
technology, communications and governmental leadership. The H-3
Visa is not self-petitioning; the employer must submit the petition
on behalf of the trainee. The H-3 does not cover individuals seeking
graduate medical training. However, Medical students on vacation
in the U.S. may be eligible for the H-3 Visa.
Principal Requirements:
- Employer submitted petition on INS Form I-129
- Proof that this training is not available
in your home country.
- Proof that the training will aid you in your
career.
- Proof that you will not engage in willful
employment while in the U.S.
- Proof that the training is formal in nature.
Application Process:
The employer must provide certain evidence
about the training, including a description of the training program,
your compensation (if any) and reasons why you need the training.
The employer must then submit a petition on Form I-129 with the
regional INS center that has jurisdiction over the place where the
training will be offered.
Can I Bring My Spouse and Children with Me to the United States?
Your spouse and unmarried children under the
age of 21 are allowed to join you in the U.S. under H-4 visa status.
Can My Spouse or Child Accept Employment when
on H-4 Visa Status?
Your dependents are not permitted to work
while in the U.S.
Visa for Aliens of Extraordinary Ability –
The O-1 VISA
What is an O-1 VISA?
The O-1 Visa enables individuals with extraordinary
ability in the sciences, arts, education, business, athletics, motion
picture or television industry to enter the U.S. for temporary periods
of time. Chefs, carpenters and lecturers may also qualify under
O-1 visa status. To be considered an outstanding individual, you
should be highly regarded in your field, and can only work in the
U.S. in that area of expertise.
Principal Requirements:
Applicants must provide the following documents:
- A filled-in Form OF-156 visa application.
- One recent photograph 1 & 1/2 inches
square (37mm x 37mm) of each applicant, with the entire face
visible. The picture should be taken before a light background
and without head covering.
- A passport, valid for travel to the United
States for at least six months longer than your intended visit.
Your petitioner (employer) must also include
the following documents:
- Your resume or CV and educational
history.
- Proof of your eligibility.
- Evidence that proves you have received
recognition or awards in your field.
- Printed documents by previous employers
or experts in your field that show your level of achievement
in your field.
- Employer financial information.
- A letter from your employer detailing
the work you intend to perform while in the U.S.
Application Process:
The O-1 Visa must be petitioned by a U.S. employer, U.S. agent or
foreign employer through a U.S. agent. Your petitioner should file-in
Form I-129 with INS with jurisdiction over the state in which you
intend to work. The form should be filed-in at least six months
before you plan to begin working.
The petition must include a printed article
or statement from either a person or group proficient in your
field. This person or group should support your status as a
respected member of your field.
Can I Bring My Spouse and Children with Me to the United States?
Your spouse and unmarried children under the
age of 21 are allowed to join you in the U.S. under O-3 visa status.
Can My Spouse or Child Accept Employment when
on O-3 Visa Status?
Your dependents are not permitted to work
while in the U.S. However, family members may attend school or college.
Essential support personnel of O-1 visa holders
– The O-2 Visa
What is an O-2 VISA?
The O-2 visas are offered to support personnel of O-1 Visa holders
in the fields of athletics, entertainment, motion picture and television
production. This status is not applicable to personnel in the sciences,
business or education.
Principal Requirements:
Applicants must provide the following documents:
- A filled-in visa application Form OF-156.
- One recent photograph 1 & 1/2 inches
square (37mm x 37mm) of each applicant, with the entire face
visible. The picture should be taken before a light background
and without head covering.
- A passport, valid for travel to the United
States for at least six months longer than your intended visit.
- Establishment of the demonstration of
nonimmigrant intent. You must prove that you will return to
your home country.
- An official agreement between you and
the petitioner detailing the terms and conditions of the services.
- An agreement between you and the O-1
visa holder that proves your professional relationship.
- Proof of a previous professional relationship
with the O-1 visa holder.
- Proof that you are capable of assisting
the O-1 visa holder.
Application Process:
The O-2 Visa must be petitioned by a U.S.
employer, U.S. agent or foreign employer through a U.S. agent. Your
petitioner should file-in Form I-129 with INS with jurisdiction
over the state in which you intend to work. The form should be filed-in
at least six months before you plan to begin working.
More than one O-2 application may be included on the same petition,
if all parties are helping the same O-1 applicant for the same events
or performances, during the same period of time and at the same
location.
Can I Bring My Spouse and Children with Me to the United States?
Your spouse and unmarried children under the
age of 21 are allowed to join you in the U.S. under O-3 visa status.
The petitioner should file a petition on their behalf. Your dependents
must prove immediate relation to you.
Can My Spouse or Child Accept Employment when on O-3 Visa Status?
Your dependents are not permitted to work
while in the U.S. However, family members may attend school or college.
Visa for Internationally Recognized Athlete or
Member of Internationally Recognized Entertainment Group –
The P-1 VISA
What is a P-1 VISA?
The P-1 visas are issued to entertainers,
circus artists, and athletes who wish to work in the U.S. Outstanding
athletes may apply for this visa in order to compete in the U.S.,
either as individuals or as members of an internationally recognized
athletic team. Entertainment groups with an outstanding international
reputation can be granted P-1 classification as a unit; however
individual entertainers within these groups cannot apply for separate
visas.
Principal Requirements:
- A filled-in visa application Form OF-156.
Separate applications for each person are required.
- One recent photograph 1 & 1/2 inches
square (37mm x 37mm) of each applicant, with the entire face
visible. The picture should be taken before a light background
and without head covering.
- A passport, valid for travel to the United
States for at least six months longer than your intended visit.
- Proof that you are recognized in your
field. This may include awards, citations and certificates.
- Athletes and entertainment groups may
be asked to provide further documentation.
Application Process:
Your employer must forward all necessary documents
along with Form I-129 to the INS branch with jurisdiction over the
area where you plan to perform. A U.S. agent may also file a petition
for workers who are self-employed, use agents to book short-term
engagements with many different employers or in situations where
foreign employer (s) authorize the use of an agent to act on their
behalf.
This agent may be the employer of the
performer, a representative of the employer or a person authorized
to act on behalf of the employer.
Can I Bring My Spouse and Children with Me to the United States?
Your spouse and unmarried children under the
age of 21 are allowed to join you in the U.S. under P-4 visa status.
The petitioner should file a petition on their behalf. Your dependents
must prove immediate relation to you.
Can My Spouse or Child Accept Employment when on P-4 Visa Status?
Your dependents are not permitted to work
while in the U.S. However, family members may attend school or college.
Servants of a P-1 visa holder may receive a B-1 business visa with
work authorization.
Artist or Entertainer in a Reciprocal Exchange
Program – The P-2 VISA
What is a P-2 VISA?
The P-2 Visas are issued to troupes or bands
entering the U.S. as a part of an exchange program. There should
be two organizations involved in this exchange program: one in the
U.S. and one abroad.
Principal Requirements:
- A filled-in visa application Form OF-156.
Separate applications for each person are required.
- One recent photograph 1 & 1/2 inches
square (37mm x 37mm) of each applicant, with the entire face
visible. The picture should be taken before a light background
and without head covering.
- A passport, valid for travel to the United
States for at least six months longer than your intended visit.
The petitioner must also provide documents
that prove that the troupe/band is eligible for the visa.
These support documents include:
- Proof that all people involved in
the program are artists or entertainers with talent.
- An official letter from the sponsor(s)
noting the details of the exchange program.
- Proof that a labor organization mediated
over the program.
- An official affidavit that confirms
the existence of the exchange program between the U.S. and
a foreign country.
Application Process:
Either the U.S. labor group that negotiated
the exchange agreement, the sponsoring organization or the U.S.
employer must file the petition. The petition should be filed to
the U.S Consular office or U.S. Embassy or to the branch of the
INS with jurisdiction over the location where the troupe/band plans
to perform. The application forms and relevant documents may be
mailed or submitted in person.
A U.S. agent may also file a petition
for workers who are self-employed, use agents to book short-term
engagements with many different employers or in situations where
foreign employer(s) authorize the use of an agent to act on
their behalf.
This agent may be the employer of the performer,
a representative of the employer or a person authorized to act on
behalf of the employer.
Can I Bring My Spouse and Children with Me
to the United States?
Your spouse and unmarried children under the
age of 21 are allowed to join you in the U.S. under P-4 visa status.
Can My Spouse or Child Accept Employment when
on P-4 Visa Status?
Your dependents are not permitted to work
while in the U.S. without being granted permission.
Artist or Entertainer in a Culturally Unique Program
– The P-3 VISA
What is a P-3 VISA?
The P-3 visa offers art teachers the ability
to share their skills and talents with individuals in the U.S. Teachers
having been granted P-3 status can enter the U.S. and train others
in their particular discipline.
Principal Requirements:
- A filled-in visa application Form OF-156.
Separate applications for each person are required.
- One recent photograph 1 & 1/2 inches
square (37mm x 37mm) of each applicant, with the entire face
visible. The picture should be taken before a light background
and without head covering.
- A passport, valid for travel to the United
States for at least six months longer than your intended visit.
- Proof that all teaching activities are
not-for-profit.
- Proof of the exchange program, provided
by a labor organization.
- A schedule of all proposed teaching programs,
and details of the agreement.
- Proof of the validity of the artistic
discipline, along with details about the two organizations involved
in the exchange program.
- Proof that the teacher is recognized
in his or her discipline. This should include a letter from
a peer, along with evidence such as articles by professionals
in your discipline.
- Proof that you are necessary to the successful
functioning of your sponsoring organization.
Application Process:
Your sponsor must forward all necessary documents
along with Form I-129 to the INS branch with jurisdiction over the
area where you plan to perform. A U.S. agent may file a petition
for workers who are self-employed, use agents to book short-term
engagements with many different employers or in situations where
foreign employer(s) authorize the use of an agent to act on their
behalf.
This agent may be the employer of the
performer, a representative of the employer or a person authorized
to act on behalf of the employer.
Can I Bring My Spouse and Children with Me to the United States?
Your spouse and unmarried children under the age of 21 are allowed
to join you in the U.S. under P-4 visa status.
Can My Spouse or Child Accept Employment when
on P-4 Visa Status?
Your dependents are not permitted to work
while in the U.S. However, family members may attend school or college.
Visa for Ministers and Religious Workers –
The R-1 VISA
What is an R-1 VISA?
The R-1 Visa enables religious workers to
temporarily enter the United States. A religious vocation is defined
as a calling to religious life, shown by a demonstration of a lifelong
commitment; for instance, taking vows. Nuns, monks, and religious
brothers and sisters are examples of religious workers.
A religious occupation is defined as a
continual engagement in an activity related to a traditional
religious function. This definition includes liturgical workers,
religious instructors or cantors, catechists, workers in religious
hospitals, missionaries, religious translators and religious
broadcasters. However, it doesn't include janitors, maintenance
workers, clerks, fund raisers or solicitors of donations.
Principal Requirements:
- A filled-in visa application Form OF-156.
- One recent photograph 1 & 1/2 inches
square (37mm x 37mm) of each applicant, with the entire face
visible. The picture should be taken before a light background
and without head covering.
- A passport, valid for travel to the United
States for at least six months longer than your intended visit.
You will also need to provide the following
documents:
- Proof of tax-exempt status or eligibility
for tax-exempt status.
- A letter from an authorized official
of employing organization certifying your position in your
organization, and the nature of the organization.
Application Process:
You should apply for an R-1 Visa at the U.S.
Embassy or Consulate with jurisdiction over your place of permanent
residence. While you may apply at any U.S. consular office abroad,
this method is more difficult. You do not have to maintain a residence
abroad which you have no intention of abandoning, but must intend
to leave the U.S. at the end of your R-1 status.
Can I Bring My Spouse and Children with Me
to the United States?
Your spouse and/or unmarried children under
21 years of age may be granted derivative status to enter the U.S.
Can My Spouse or Child Accept Employment?
Your dependents are not permitted to work
while in the U.S. However, family members may attend school or college.
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