Those who want to work in the U.S. temporarily as a nonimmigrant,
under U.S. immigration law, need a specific visa based on the type
of work you will be doing. Most temporary worker categories require
that the applicants prospective employer or agent file a petition,
which must be approved by the U.S. Citizenship and Immigration
Services (USCIS) in the United States before a person can apply for
a work visa.
All applicants for H, L, O, P and Q visas must have a petition
approved on their behalf by USCIS. The petition, Form I-129,
must be approved before the person can apply for a work visa at the
Embassy or Consulate. When the petition is approved, the applicants
employer or agent will receive a Notice of Action, Form I-797,
which serves as the petition's approval notification. The consular
officer will verify your petition approval through the Department of
State's Petition Information Management Service (PIMS) during the
interview with applicant.
The applicant must bring the I-129 petition receipt number and a copy of the applicants Form I-797 to the interview at the Embassy or Consulate in order to verify the applicant's petition's approval. Please note that approval of a petition does not guarantee issuance of a visa if you are found to be ineligible for a visa under U.S. immigration law.
The following are the type of work Visa to visit the United States of America (USA) and its qualifications.
An H-1B visa is required if a person are going to the United States to perform services in a pre-arranged professional job. To qualify, the applicant must hold a bachelor's or higher degree (or an equivalent degree) in the specific specialty for which the person seek employment. USCIS will determine whether the applicant's employment constitutes a specialty occupation and whether the person is qualified to perform the services. Applicant's employer is required file a labor condition application with the Department of Labor concerning the terms and conditions of its contract of employment with the the Employee.
An H-2A visa allows U.S. employers to bring foreign nationals to the
United States to fill temporary agricultural jobs for which U.S.
workers are not available. An H-2A nonimmigrant classification
applies to the applicant if the person seek to perform agricultural
labor or services of a temporary or seasonal nature in the United
States on a temporary basis. A U.S. employer (or an association of
U.S. agricultural producers named as a joint employer) must file a
Form I-129, Petition for Nonimmigrant Worker, on behalf of
Note: Indian and Bhutanese passport holders are not eligible for H-2A and H-2B visas.
This visa is required if a person going 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. Employer of the applicant is required to obtain a Department of Labor certification confirming that there are no qualified U.S. workers eligible for the type of employment on which your petition is based.
An H-3 visa is required if a person going to the United States to receive training from an employer in any field of endeavor, other than graduate education or training, for a period of up to two years. The trainee can be paid for the training and "hands-on" work is authorized. Training cannot be used to provide productive employment and cannot be available in the applicant's home country.
If the person is the principal holder of a valid H visa, the spouses, including same-sex spouses, and/or unmarried children (under age 21) may receive an H-4 visa to accompany the Visa holder to the United States. However, the spouse or children are not permitted to work while in the United States.
An L-1 visa is required if the person is the employee of an international company which is temporarily transferring the employee to a parent branch, affiliate, or subsidiary of the same company in the United States. The international company may be either a U.S. or foreign organization. To qualify for an L-1 visa, the employee 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. In addition, the employee must have been employed outside the United States with the international company continuously for one year within the three years preceding the application for admission into the United States. The employee may only apply for an L-1 visa after the U.S. company or affiliate has received an approved petition from USCIS, either on a "blanket" or individual basis.
Note: Blanket L-1 interviews are only conducted at the U.S. Consulate General Chennai
If the person is the principal holder of a valid L visa, the person's spouses, including same-sex spouses, and/or unmarried children (under age 21) may receive this derivative visa. Due to a recent change in the law, the applicants spouse may seek employment authorization. The spouse must enter the United States on his/her own L-2 visa and then submit a completed Form I-765 (obtainable from USCIS), along with an application fee. Children of the employee are not authorized to work in the United States.
Type O visas are issued to people with extraordinary ability in the sciences, arts, education, business and athletics, or extraordinary achievement in motion picture and television production, and their essential support personnel.
Type P visas are issued to certain athletes, entertainers, artists and essential support personnel who are going to perform in the United States.
A Q visa is required if you are traveling to the United States to participate in an international cultural exchange program for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of your home country. You must have a petition filed on your behalf by the program sponsor and the petition must be approved by USCIS.
The Embassy or Consulate may process the applicant's H, L, O, P or Q visa application up to 90 days prior to the beginning of employment status as noted on the I-797. However, when making applicant's travel plans, please note that due to Federal regulations, the applicant can only use the visa to apply for entry to the United States starting ten days prior to the beginning of the approved status period noted on your I-797.
What is work VISA to Visit USA? What are the types of work Visas? What are the Qualifications to apply for H-1B, H-2A, H2B, H3, H-4, L1, L2, O, Q Visa? Who can apply for Work Visa in the United States of America?