TEMPORARY WORK
H-1B Visa is issued for an employee to come temporarily to the U.S. to work in a Specialty Occupation. That is, an occupation that requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. This means the employee will work in a professional position which requires a minimum of a bachelor’s degree or its equivalent. Yet, employees may show a combination of education and employment experience, or twelve years of employment experience alone to qualify. If that is the case, an independent education and/or expert evaluation is required.
This category also includes fashion models, Government-to-Government research and development, or co-production projects administered by the Department of Defense. The employer must prepare and file a Labor Condition Application (LCA) with the Department of Labor (DOL) and a petition with U.S. Citizenship & Immigration Service. The H-1B visa is issued for 3 years and may be renewed for another 3 years.
H-2B Visa is issued for a Foreign National coming temporarily to the U.S. to engage in non-agricultural employment which is seasonal or intermittent, to meet a peak load need, or to participate in a one-time occurrence. This visa requires a labor certification from the Department of Labor to demonstrate that U.S. workers are not available and that wages and working conditions meet regional standards.
H-3 Visa is issued for the Foreign National to temporarily receive training in the U.S. (other than graduate medical education or training). The training may be provided by a business entity, academic, or vocational institute, and the training cannot be available in the trainee's home country. This visa is also available to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities. In order to obtain this visa the employer or organization must file a Form I-129, Petition for Nonimmigrant Worker. This visa may allow the Foreign National to remain in the US for up to 2 years. If the training is in the area of special education, the Foreign National may remain in the US for 18 months.
H-4 Visa is issued for the dependents of an H-1B, H-2-B or H-3 visa holders, to stay in the USA. Dependents may not be employed under the H-4 classification.
This category also includes fashion models, Government-to-Government research and development, or co-production projects administered by the Department of Defense. The employer must prepare and file a Labor Condition Application (LCA) with the Department of Labor (DOL) and a petition with U.S. Citizenship & Immigration Service. The H-1B visa is issued for 3 years and may be renewed for another 3 years.
H-2B Visa is issued for a Foreign National coming temporarily to the U.S. to engage in non-agricultural employment which is seasonal or intermittent, to meet a peak load need, or to participate in a one-time occurrence. This visa requires a labor certification from the Department of Labor to demonstrate that U.S. workers are not available and that wages and working conditions meet regional standards.
H-3 Visa is issued for the Foreign National to temporarily receive training in the U.S. (other than graduate medical education or training). The training may be provided by a business entity, academic, or vocational institute, and the training cannot be available in the trainee's home country. This visa is also available to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities. In order to obtain this visa the employer or organization must file a Form I-129, Petition for Nonimmigrant Worker. This visa may allow the Foreign National to remain in the US for up to 2 years. If the training is in the area of special education, the Foreign National may remain in the US for 18 months.
H-4 Visa is issued for the dependents of an H-1B, H-2-B or H-3 visa holders, to stay in the USA. Dependents may not be employed under the H-4 classification.
