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  Visa Services Nonimmigrant Visas General Information Types of Visas Apply for a Visa Rules & Fees Reschedule/Cancel Appointment Administrative Processing Visa Denials Courier System (NIV) Immigrant Visas Citizenship & Immigration Services (CIS)

NONIMMIGRANT VISAS

Types of Visas

H Visas: Temporary Workers & Trainees

Who should apply?

This visa is for a person going to the U.S. for temporary employment or training - with the exception of certain athletes, entertainers and persons preeminent in their disciplines.

What types are available?

  • H-1B is for a person going to the U.S. to perform services: (a) for a temporary period up to six years in a specialty occupation, or (b) of exceptional nature requiring exceptional merit and ability to a cooperative research-and-development project of the Department of Defense under Government-to Government agreement for a temporary period up to 10 years
  • H-1C is for a foreign nurse going to the U.S. to perform nursing services in medically underserved areas for a temporary period up to three years
  • H-2A is for special agricultural workers
  • H-2B is for qualified temporary workers of a type unavailable in the U.S. at the time and place required, not to exceed three years
  • H-3 is for a person going to the U.S. temporarily to receive training in any field of endeavor (other than graduate medical education or training) where the proposed training is not available in the person's own country and the person will not engage in productive employment unless such employment is incidental and necessary to the training
  • H-4 is for a spouse/child of a temporary worker or trainee

What must you establish as an H Visa applicant?

  • Your prospective employer/trainer has filed, and the Department of Homeland Security (DHS) has approved, a petition (Form I-129) that requests H status for you, as demonstrated by presentation of the Form I-129 and Form I-797
  • You will receive the prevailing wage and will not replace U.S. workers who are on strike, as demonstrated by presentation of a Labor Condition Application. Applicable to H-1 applicants only
  • You have a residence abroad that you do not intend to abandon. Not applicable to H-1 applicants

Spouse & Children

The spouse or children of a temporary worker are also entitled to accompany or join the holder of an H-1, H-2 or H-3 Visa. They can apply for an H-4 Visa. A spouse or child with an H-4 Visa cannot seek employment in the U.S.

If you want your spouse/child to travel to the U.S. with you, apply for your visas at the same time. Book your visa interview appointments for the same day and attend your visa interview together.

Definition of Specialty Occupation

A "specialty occupation" is a profession that requires a college degree or higher to enter and includes such fields as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology and the arts.

Further Instructions & Information

  • H-1, H-2 and H-3 Visas are subject to numerical limitations
  • Fashion models of distinguished merit and ability are also eligible for an H-1 Visa

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L Visas: Intra-Company Transferees

Who should apply?

This visa is for a person who works for a multinational business and needs to undertake a tour of duty in a U.S. office of that business.

What types are available?

  • L-1 is for a intra-company transferee
  • L-2 is for a spouse/child of a intra-company transferee

What must you establish as an L Visa applicant?

  • Your employer has filed, and the Department of Homeland Security (DHS) has approved, a petition (Form I-129) that requests L status for you, as demonstrated by presentation of the Form I-129 and Form I-797
  • You have been employed overseas by the transferring business for at least 12 months (or 6 months if you were classified as an L-1 nonimmigrant on the basis of a blanket petition filed with USCIS between January 16, 2002 and June 6, 2005) within the past three years and you will be performing duties in the U.S. for the same employer or a subsidiary or affiliate

  • The position you fill will be managerial, executive or involve specialized knowledge

Spouse & Children

The spouse or children of a multinational business worker are also entitled to accompany or join the holder of an L-1 Visa. They can apply for an L-2 Visa. A spouse with an L-2 Visa can seek employment in the U.S. and to do so must obtain a work permit called the Employment Authorization Document (EAD).

If you want your spouse/child to travel to the U.S. with you, apply for your visas at the same time. Book your visa interview appointments for the same day and attend your visa interview together.

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O Visas: Aliens with Extraordinary Ability

Who should apply?

This visa is for a person who has an extraordinary ability, for example, an athlete or scientist, and wants to go to the U.S. temporarily to continue work in their area of extraordinary ability.

What types are available?

  • O-1 is for the person with extraordinary ability
  • O-2 is for a person who will accompany and solely assist the person with extraordinary ability
  • O-3 is for a spouse/child of a O-1 or O-2 applicant

O-1 Eligibility

O-1 includes two types of persons:

  • An individual who has extraordinary ability in the sciences, arts, education, business, or athletics that has been demonstrated by sustained national or international acclaim; and who is going temporarily to the U.S. to continue work in their area of extraordinary ability
  • An individual who has a demonstrated record of extraordinary achievement in motion picture and television productions; and who is going temporarily to the U.S. to continue work in their area of extraordinary achievement

O-2 Eligibility

The O-2 visa applies to an accompanying person who is going to the U.S. solely to assist in the artistic or athletic performance of an O-1 Visa beneficiary for a specific event or performance. The O-2 recipient may precede the associated O-1 Visa beneficiary into the U.S. in order to prepare for the event(s). The O-2 Visa is not available in the fields of business, education, or science although people in these fields may be able to enter the U.S. on a B Visa.

What must you establish as an O Visa applicant?

  • You have filed, and the Department of Homeland Security (DHS) has approved, a petition (Form I-129) that requests O status for you, as demonstrated by presentation of the Form I-129 and Form I-797
  • You have a residence abroad that you do not intend to abandon. Applicable to O-2 applicants and their O-3 family members only

Spouse & Children

The spouse or children of a person with extraordinary ability or their assistant are also entitled to accompany or join the holder of an O-1 or O-2 Visa. They can apply for an O-3 Visa. A spouse or child with an O-3 Visa cannot seek employment in the U.S.

If you want your spouse/child to travel to the U.S. with you, apply for your visas at the same time. Book your visa interview appointments for the same day and attend your visa interview together.

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