Non-Immigrant Visas

Employment Based Visas

H1A – Registered nurses for temporary employment
 
H1B – Persons in specialty occupations that require an advanced or college degree; artists, entertainers, athletes and fashion models of distinguished merit and ability (may include persons assisting in their performance)
 
H2A – Temporary or seasonal agricultural workers
 
H2B – Persons filling temporary jobs that cannot be filled by U.S. citizens or residents
 
H3 – Professional job trainees in an American company or in the U.S. office of a foreign company
 
I – Representatives of foreign information media, representatives of a foreign tourist bureau or film crew members holding professional journalism credentials and intending to work on new or non-commercial documentaries
 
O – Persons of sustained national or international acclaim in the sciences, arts, education, business or athletics, coming to the U.S. to work or perform in their field of achievement
 
P – Entertainers and athletes coming for specific competitions or performances, or who are participating in a reciprocal exchange program between the U.S. and their country.  This also includes those performing in culturally unique programs.
 
Q – Participants in an international cultural exchange program for the purpose of explaining or sharing their country’s culture

Forms/Procedures

You must have a valid job offer and your employer in the U.S. must file a form I-129 (Petition for Non-Immigrant Worker) for each of these visa categories.  Once the I-129 is approved, the employer receives a Form I-797.  A work visa cannot be issued without an I-797.  Bring the original I-797 when you apply for the work visa.  If the I-797 was approved more than two months before your appearance at the Embassy, also bring a current letter from your U. S. employer confirming position is still available.   An approved I-797 does not guarantee visa issuance, but it is a prerequisite to visa issuance.

Family

Spouses and children (under 21 years) of H, L, O and P (not Q) visa holders are eligible to accompany the principal applicant as long as he/she demonstrates the means to support his/her family while in the U.S.  Couples must be legally married to qualify for this derivative visa.  When the spouse of a work visa holder does not apply for his/her visa at the same time as the principal applicant, he/she will need to submit the original I-197 form and proof of marriage.  The spouse submits an application with the basic documentation (DS-156, photos, passport, etc.)