Temporary Workers

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Persons going to the United States with the intention of working there temporarily in specific prearranged employment, require a classification H visa. The employment must be approved in advance by the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) in the United States on the basis of a petition, form I-129 filed by the United States employer. The H category can also include training.

There are several classifications of H visas, including H-1B (specialty occupation), H-2A and H-2B (temporary or seasonal agricultural and nonagricultural workers) and H-3 (trainee).

H-1B visa: The H-1B category is for persons coming to perform services in specialty occupations that include such fields as architecture, engineering, mathematics, physical sciences, medicine and health, education, business specialties, accounting, law, theology and the arts. To qualify, the applicant requires a bachelor's or higher degree (or equivalent) in the specific specialty for which employment authorization is being sought. A typical H-1B situation might include an arrangement for a foreign professor to become a member of the faculty of a U.S. university or a foreign architect hired by a U.S. firm to design or supervise a new building complex.

It is the responsibility of the USCIS to determine whether the employment constitutes a specialty occupation and whether the applicant is qualified to perform the services. Before filing the petition (Form I-129) with the USCIS Service Center having jurisdiction over the area where the employment will take place, the prospective employer of the applicant is required to file a labor condition application with the Department of Labor concerning the terms and conditions of the contract of employment. The period of authorized admission for H-1B non-immigrants may not exceed six years.

H-1B visa applications can only be accepted up to 90 days in advance of the employment start-date as indicated on Form I-797. DHS regulations prohibit entry of H-1B visa holders to the United States of H-1B visa more than ten days prior to the start of authorized H-1B employment.

H-2A and H-2B visas: The H-2A and H-2B category is for persons coming to perform a job which is temporary or seasonal in nature and for which there is a shortage of U.S. workers. H-2A refers to temporary or seasonal agricultural workers, while H-2B refers to temporary or seasonal non-agricultural workers. A typical H-2B situation might involve an employer who has a contract to perform certain work by a prearranged date, who has been unable to locate all the workers required on the domestic labor market and who, therefore, seeks to import qualified foreign workers until that date in order to fulfill the contract. Once the contract has been fulfilled, the employer's need for the services of the foreign worker will cease to exist.

Before filing the petition (Form I-129) with the USCIS Service Center having jurisdiction over the area where the employment will take place, the prospective employer of the applicant is required to obtain a labor certification confirming that there are no qualified U.S. workers eligible for the employment on which the petition is based from the Department of Labor.

H-3 visa: The H-3 category is for persons coming principally for training purposes in which they will receive compensation. The training can be from an employer in any field of endeavor, other than graduate education and training. The training cannot be used to provide productive employment and cannot be available in the individual's home country. The prospective employer of the applicant is required to file a petition (Form I-129) with the USCIS Service Center having jurisdiction over the area where the training will take place. The USCIS will not approve an H-3 petition filed by an institution of learning.

Filing the I-129 Petition with USCIS: Prospective employers of H visa applicants must petition the U.S. Citizenship and Immigration Services (USCIS) in the United States for approval. This is done by filing a petition, called Form I-129, with the USCIS. Complete the I-129 and send it to one of the USCIS Regional Service Centers listed on the form.

After the USCIS receives the completed I-129, it will be reviewed to determine if the petition complies with U.S. law. Once approved, the employer or agent is sent a Notice of Action, Form I-797, the notification of petition approval. An I-797 approval notice is not a visa. To enter the United States, a visa must be obtained at a U.S. Embassy or Consulate. 

Note: The USCIS offers a Premium Processing Service which expedites the processing of a nonimmigrant visa petition. Details..

Spouses and Children: Spouses and/or children under the age of 21 can receive H-4 visas to accompany the employee to the U.S. The application procedure is the same; the I-797A or B covers dependents. Required documents for visa application of dependent(s) can be found on Prepare Application Documents (Check list) page. Spouses and/or children who do not intend to reside in the United States with the primary visa holder, but visit for vacations only, may be eligible for visitor (B-2) visas, or if qualifed, travel visa free under the Visa Waiver Program.

There is no requirement that the spouse and/or children of an H-1 visa holder apply for a student (F-1) visa if they wish to study in the U.S. They may study on an H-4 visa. However, if qualified, they may apply for a F-1 visa. If you have school-age children, you should refer to the regulations governing the issuance of F-1 visas.

The holder of an H-4 visa may not work on a derivative visa. If he/she is seeking employment, the appropriate work visa will be required.  

Application Procedures: For information on applying for this visa, please see the application checklist.

NOTE: As of January 2008, DHS requires electronic confirmation of I-129 petitions for the issuance of worker visas. Petition approval is now verified in the Department of State's system called Petition Information Management Service (PIMS). During your interview, the consular officer will use the receipt number of your I-797 approval notice to verify petition approval, so please make sure you bring the I-797 to the interview.
Please note that a visa will not be issued before this electronic confirmation is completed. If your petition information can not be confirmed on the PIMS system at the time of your interview, it may take approximately 14 days from the interview for you to receive your visa, provided you are found otherwise eligible for the visa. Please apply for your visa well in advance of your travel date, and do not purchase plane tickets until you have received your visa.