The employee must have worked abroad in either (1) a managerial or executive
position, or (2) in a position performing services entailing "specialized
knowledge." (3) The employee must be coming to work in the U.S. in one of these
capacities.
The company for which the employee worked abroad must be the same company for
which the employee will be working for in the U.S. The “company” requirement
includes branch offices, subsidiaries and affiliates.
The employee must have worked abroad for that particular company for one
continuous year within the three year period immediately preceding the filing of
the petition for the L-1 visa.
The employee must be qualified, in terms of education and experience, for the
position.
The employee must intend to leave the U.S. at the end of the authorized period
of stay.
The company in the U.S. and the related company abroad must continue doing
business in the U.S. and in one foreign country during the entire period of the
transfer.
Temporary Visa for Nonagricultural Workers
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
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
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
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
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
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
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
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.
