Visa Categories

Skilled Worker Visas

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H — Temporary Work Visas

If you are going to the United States with the intention of working there temporarily in specific prearranged employment, you require an “H” visa. The employment must be approved in advance by the United States Citizenship and Immigration Services (USCIS) in the United States on the basis of a petition, form I-129H, filed by the United States employer.

H-1B visa (specialty occupation) is required by an employee who is coming to the United States to perform services in a prearranged professional job. To qualify, the alien requires a bachelor’s or higher degree (or equivalent) in the specific specialty for which employment authorization is being sought. It is the responsibility of the USCIS to determine whether the employment constitutes a specialty occupation and whether the alien is qualified to perform the services. Before filing the petition, form I-129H, with the USCIS Service Center, the employer is required to file a labor condition application with the Department of Labor concerning the terms and conditions of the contract of employment.

H-2B visa (skilled and unskilled worker) is required by an employee who is coming to the United States to perform a job which is temporary or seasonal in nature and for which there is a shortage of U.S. workers. Before filing the petition form I-129H, with the USCIS Service Center, the employer is required to obtain from the Department of Labor, a labor certification confirming that there are no qualified U.S. workers eligible for the employment on which the petition is based.

H-3 (trainee) is required by a trainee who is coming to the United States to receive training from an employer in any field other than graduate education or training. The training cannot be used to provide productive employment and cannot be available in the individual’s home country. The employer is required to file a petition, form I-129H, with the USCIS Service Center to gain approval for the training.

What happens once the petition has been approved by USCIS?

If an H petition has been approved in your name you will be required to apply for a visa before traveling to the United States. The Notice of Action, form I-797A or B, is not valid for travel unless accompanied by the appropriate visa.

Spouses, Children & Partners

Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative H-4 visas. To qualify for a dependent visa, applicants must bring civil documents to prove relationship to the principal applicant, i.e. spouses: original marriage certificate, children: original birth certificate. The application procedure is the same; the I-797A or B covers dependents. More information for partners and common-law spouses.

Working on an H-4 visa

The holder of an H-4 visa may not work on a derivative visa. If he or she is seeking employment, the appropriate work visa will be required.
For more information, visit the USCIS website.