The H1B visa is a temporary work visa that allows US employeres to hire highly qualified workers for specialty jobs. It is also referred to as Person in Specialty Occupation Visa.

Do I Qualify for an H1B Visa?

You qualify for the H1B visa if you are accepted in a specific job position which has the following requirements:

• Possession of an advanced educational degree such as:
  • A 4 four year Bachelor’s Degree (or equivalent degrees)
  • A Master’s or Doctoral Degree
• Advanced training or vocational skills (examples include fashion models)
• Qualify to work in research and development projects of the US Department of Defense or other government positions.
• Examples of job positions might be:
  • IT specialists.
  • Architects.
  • Accountants.
  • Professors.
  • Doctors.
  • Lawyers, etc.

The H1B work visa is initiated by an employer in the United States. The employer must have an open job position and they cannot find an American employee who is qualified enough to complete the work. This can be any position that requires higher education degrees or that is specialized enough in skills that not many people can do it successfully.

Then, the employer receives applications from various candidates and if the requirements for the job are fulfilled by a foreign employee, then the US H1B visa process is initiated.

H1B Visa Cap

The applications open every year in spring. USCIS approves around 65,000 petitions per year starting from October 1^st to September 30^th of the following year.  6,800 petitions are reserved for H1B1 visas for Chile and Singapore nationals, while the rest for H1B visas. The applications of the first 20 thousand applicants with a master’s degree are exempt from this visa cap.

H1B Visa Dates in 2021

The registration process dates for an H1B visa are as follows:

• March 2 – Petitioners (employers) can start creating an H1B registrant account at noon US Eastern time.
• March 9 to March 25 – H1B registration period. The registration period opens and closes at noon US Eastern time.
• March 31 – By this date, the USCIS will have notified the selected entrants.
• April 1 – if your employer’s petition was selected, this is the earliest date that you may submit an application for an H1B visa for FY 2022.

How to Apply for the H1B Visa?

Here are the steps you need to go through in order to apply for the H1B visa:

1. Make sure you qualify for the H1B visa.
2. Find a petitioner by applying for a job opening in the United States.
3. Have the petitioning initiated by your employer.
4. Apply for the H1B visa at the nearest US Embassy/Consulate in your home country.

H1B Visa Petitioning Process for Employers

Here are the steps that employers need to go through to petition a foreign worker:

1. Have a Labor Condition Application (LCA).
2. File a petition with USCIS.
3. Fill in form I-129.
4. Submit the forms and the documents file.
5. Wait for the review from USCIS.

Have a Labor Condition Application (LCA)

The US employer must get an approved Labor Conditions Application (LCA) from the US Department of Labor. This certifies that the US employer can hire foreign workers. It also states that the employer will offer them fair compensation and treatment. Finally, it proves that the employer must hire a foreign worker because a US citizen is not qualified, available, or willing to work in that job position.

In that form, they should indicate the number of years that they will hire foreign workers. This form guarantees the US and the employees that this employer will:

• Pay the foreign employee the full prevailing wage.
• Provide an adequate working environment and conditions.
• Notify the employee of any changes made in the labor certification.
• Notify the government of the location where the work will be performed.
• Provide company information and the number of employees.
• State employee job description and income.

The LCA is filed with the US Department of Labor (DOL). The employer must have an approved LCA before taking any other steps in hiring the employee. The employee cannot start working before all certifications and documents are obtained.

File a petition with USCIS

The second step is to give a job offer to the foreign employee and file the Form I-129. This is the petition which goes to the US Citizenship and Immigration Services (USCIS). The Form I-129, Petition for Nonimmigrant Worker is the main form and USCIS is the main authority in processing the petitions. This form is filed to obtain permission from the US government to hire a foreign worker.

I-129 forms

Employers have to file separate I-129 forms for each employee.

I-129 forms are required:

• If the employee is being hired by two companies, each one has to file a Form I-129
• If the employee wants to extend their work, the employer has to file a Form I-129
• If the employee is switching jobs, the new employer has to file a new Form I-129 (H1B Transfer)

Submit the forms along with the document file

The forms must be signed in black ink and compiled in a file. The petitioner must include the fee checks and the following supporting documents:

• I-129 Form filling fee – Employers can also apply to waive this fee from USCIS by filling in Form I-912
• Employer Funded Training Fee ($1,500 for employers with more than 25 full-time employees in the US; $750 for employers with less than 25 full-time employees in the US)
• Fraud Prevention and Detection Fee of $500 for each foreign employee
• Pay the Public Law 114-113 Fee of $4,000 – this fee applies if the employer has more than 50 employees, and 50% of them are on H1B or L visas. The employer does not have to pay the fee is they are extending or amending the USCIS petition.
• Employees who want Premium Processing from USCIS have to pay an additional $1,225 (and Form I-907)
• If the employer is represented by an attorney, Form G-28 is also needed
• Form I-129
• Other documents:
  • Proof that the foreign worker meets the educational qualifications (copies of diplomas/certifications)
  • A copy of the foreign worker’s passport
  • A copy of the contract signed by the employer and employee
  • Internal Tax Returns of the company
  • A report of state wages paid to employees
  • 15 photographs of the premise of your business

Where do I submit the petition?

The petition is then submitted to USCIS in one of its four locations:

• Nebraska Service Center (LIN for Lincoln, Nebraska);
• Vermont Service Center (EAC for Eastern Adjudication Center);
• Texas Service Center (SRC for Southern Regional Center);
• California Service Center (WAC for Western Adjudication Center).

The employer must submit the petition at the closest service center in the area that they are. Once USCIS receives it, they will issue your case number. The case number will have a specific format. An example would be EAC-18-107-50321. This is the number through which you must check your petition status.

The first three letters show the service center (EAC in this case is for Vermont). The second two numbers (18) refer to the year that the petition is submitted. In this case it refers to the year of 2018. The other number (107) refers to the day when the application was submitted. This gets counted from the first day that USCIS opens the application period until the last day, not including weekends and holidays. And the final five numbers (50321) represent your case number. This case number is not in order of how your application gets received. USCIS does not give information on how they number this.

Wait for the review from USCIS

USCIS will review the petition and determine whether the job is speculative or real, and then grant or deny it. Neither the employer or employee can take any actions before this petition or H1B sponsorship process is approved. If USCIS approves the petition for foreign workers, they will issue a Form I-797. This means that the employee can start application procedures.

Steps to Apply for an H1B Visa

The H1B Application is filled by the applicant. In addition to the employers, employees or H1B applicants also have to complete these steps:

1. Fill in Form DS-160. The DS-160 is the most important part of the application. You need to follow all instructions and provide accurate information.
2. Schedule an interview. Try to schedule the interview as early as possible. US Embassies take time to process each request, so the earlier you make the appointment, the better it will be for you.
3. Pay the H1B visa fees. The application fee is $190.
4. Submit required documents for H1B Visa.
5. Attend the H1B interview. During the interview, you should have your documents and be prepared to answer extensive questions about your place of work and your specific job. If it is your first time applying, they will also take your fingerprints which will be saved in the US system.

Required Documents for an H1B Visa Application

After you have paid the H1B visa fees, you must submit the required documents for employees as listed below:

• Your current passport.
• Copy of your current passport pages.
• All previous passports.
• Receipts that prove you have paid your visa fees.
• A photograph which meets the Digital Image Requirements.
• Visa interview appointment letter (Original and 1 copy).
• Printed Form I-129 Receipt number and the original and 1 copy of Form I-129.
• Copy of Form I-797.
• Letter from your employer with your job description.
• Your qualifications (diplomas and certifications).

If you have worked before in the US, you also have to submit:

• Your tax return forms.
• Names and contact information of previous employers and supervisors.
• Resume or CV.
• Pay slips for the past 12 months.

If this is the first time you are applying, you should submit these additional documents:

• Resume or Curriculum Vitae (CV).
• Names and contact information of supervisors and managers of your current and previous jobs.
• Names and contact information of two co-workers of your current and previous jobs.
• A letter describing your job duties and responsibilities of the job you will have in the US.
• Photographs of your current and previous job locations.
• Photographs of the building where you will be working in the US (outside and inside), annual report, prospectus, any brochures.
• Bank statements.

Total Costs of an H1b Visa

Besides the $190 for the H1B application at the embassy additional fees you have to pay for the H1B visa are:

• Visa issuance fee. Which is different for various embassies, so you should check with your local US Embassy about the amount
• Additional fees.  For employers with more than 50 employees, where 50% of them are on H1B or L visas, there is an additional fee of $2,250 which the employee/applicant has to pay

What Is the H1B Lottery?

The lottery is the process through which the USCIS selects which applicants will receive an H1B visa. The selection is entirely random.

Your employer has a two-week frame in March to submit an H1B petition to the USCIS. (The H1B 2021 lottery opened on March 9 and ran until March 25). After submission, the USCIS put the petition through the random selection digital process and randomly select 85,000 people from the pool of applicants.

The US issues 65,000 regular H1B visas and 20,000 H1B visas for applicants who have a master’s degree or higher.

If you have been selected, the USCIS will notify your employer by the end of March. Then, starting from April 1, you can schedule an interview appointment with the US Embassy/Consulate in your country and get the visa stamp on your passport.

How to See My H1B Status Updates?

When your employer submits the H1B visa petition, you will receive a 13-digit receipt number which you can use to check on your H1B status on the USCIS website. The receipt number starts with an “ EAC, WAC, LIN, SRC, NBC, MSC or IOE” and is followed by 10 numbers.  Your status could state one of the following:

• Submitted – Your employer has submitted the petition and it is eligible to be selected.
• Selected – You have been selected and can file an H1B cap petition.
• Not Selected – You have not been selected and cannot file an H1B cap petition.
• Denied – Your employer has submitted more than one petition on your behalf and thus, your entire petition has been rejected.
• Invalidated-Failed Payment – Your employer has submitted a petition, but the payment has somehow failed or not gone through.

What Kind of Health Insurance Am I Eligible For?

The type of H1B health insurance you are eligible for depends on how long you will be staying in the United States. As an H1b visa holder you can have:

• Short-term insurance
• Long-term (domestic) insurance

To learn more about the health insurance options for H1B visa holders visit the article.

How Long Do I Have to Wait for Processing?

The H1B visa processing time depends from country to country. US Embassies in different countries/cities have various processing times, so it is best to contact them for any details.

How Long Can I Stay in the US with an H1B Visa?

The H1B visa is initially valid for 3 years but can extend for another 3 years. In total, a person can stay and work in the US for 6 years at most. However, that does not mean that the person must return to their home country. What makes the H1B visa popular is that it is a dual intent visa.

Dual intent visas allow its holders to apply for a change of status to an immigrant visa. So, if you qualify and have a valid job offer after the 6 years, you may apply for an Employment Based Green Card.

How to Extend the H1B Visa?

The H1B extension procedures are similar to the initial application process. You will need to pay the same fees, except for the Fraud Prevention and Protection Fee. Your employer will also have to follow the same procedures for getting certification from DOL and an approved petition from USCIS. In addition, you will submit these documents:

• Your passport.
• Original I-94 Form (which you will get when your visa is approved).
• Valid I-797 Form.
• Letter from your employer describing your work in detail and signed by the company representatives.

H1B Amendment

The H1B Amendment requires US employers to file an amended petition in case the employee has any material changes. Material changes are defined as anything that impacts the employee’s eligibility for an H1B visa. The USCIS does not give a list of what qualifies as such a change, but examples include:

• Change in the corporate structure.
• Promotion to a different department of the employee.
• If the employee is required to move to a different location than what is registered with USCIS.

The amendment can be filed after the change has occurred. There is no universal guideline on the H1B amendment, so employers will have to contact USCIS to determine whether the change qualified and requires an amended petition.

Can I Bring My Spouse With Me?

Many H1B visa holders want their spouse and children to accompany them. Spouses qualify to accompany H1B visa holders if they get the H 4 visa. Since 2015, H-4 visa holders could qualify to work under the H4 EAD program in certain conditions. In addition, those with H-4 visas are also allowed to enroll in studies.

Others who qualify to accompany an H1B visa holder are the children of under 21 years old, with an H-4 visa.

It is recommended that the dependent spouse obtains a health insurance policy before travelling to the US due to the enormous costs of healthcare in the United States.

What is H1B Visa Stamping?

In case you are granted an H1B visa, you need to go on and apply for the H1B visa stamping. This a process on its own, and you should check out the H1B visa stamping article for more details.

H-1C Visas – Foreign Registered Nurses

The H-1C visas have been designed for one particular field of expertise, which is nursing. Since nurses are highly demanded in the US and the country might not have enough qualified workers to fill this shortage, the US gives H-1C visas to foreign registered nurses and allows them to work in places where there aren’t enough nurses. The place where the nurses will work is determined by the US Department of Labor, which analyzes where nurses are demanded and there is a shortage.

There are different US non-immigrant visas, one of the categories being the work visa USA. Within the work visas, the most popular ones are H-1 Visas. The H-1 visa is for nationals to apply to work in the US temporarily as professionals. Most H visas allow nationals from all over the world to apply for a chance to work in the US for a specified period of time. However, one visa category is directed at only two nationalities, and that is the H-1B1 visa.

The H-1B1 visa is of two types only:

• H-1B1 Visa Chile
• H-1B1 Visa Singapore

If you are a resident of these two countries and possess the passport of one or the other, then you qualify to apply for the H-1B1 visa.

What is H-1B1 Visa?

In 2004, the US government signed the Free Trade Agreement (FTA) with Chile and Singapore. Under this agreement, Chile and Singapore nationals are eligible to apply to work in the US with the H-1B1 visa. Chile and Singapore permanent residents who do not have a passport from one of the countries are not eligible to apply for the H-1B1 visa.

The agreement specified that during one year, 1,400 visas would be given to Chile nationals, and 5,400 would be given to Singapore nationals. In total, this makes 6,800 visas for H-1B1.

This visa is given to professionals from these two countries. Professionals are those who have completed higher education degrees, such as Bachelor’s, Master’s, or Doctoral Degrees. This includes fields like:

• Mathematics
• Computer Science
• Engineering
• Physical Science
• Health care and medicine
• Business
• Biotechnology, etc.

In addition, others who might not have higher education degrees, but have extensive training and special skills also qualify for the H-1B1 visa, such as:

• For Chilean nationals only:
  • Agricultural Managers
  • Physical Therapists
• For both Singapore and Chile nationals:
  • Disaster Relief Claims
  • Management Consultants who have another degree besides their specialization, but can prove experience.

The H-1B1 visa is similar to the H-1B visa which is available to all nationalities, including Chile and Singapore. There are, however, a few differences:

• H-1B1 visas are not petition based, which means employers do not have to file I-129 forms with USCIS
• H-1B1 visa holders have to prove intent that they will return to their home countries
• H-1B1 visa holders do not necessarily have to possess licenses to practice a profession where it is applicable
• H-1B1 visa holders are not allowed to apply for a US Green Card

H-1B1 Requirements

The H-1B1 visa requirements are quite similar to the H-1B visa requirements. They include requirements from both employers and employees (H-1B1 visa applicants from Chile and Singapore).

Visa Requirements for Employers

Employers have to follow these procedures, file documents, and pay different fees to sponsor applicants for H-1B1 visas.

1. Offer a job position to a Chilean or Singaporean national. The job position has to require a professional who meets the educational and experience criteria.
2. Obtain Labor Condition Application (LCA) Certification through the ETA-9035E Form from the Department of Labor. This form guarantees the US government and the employee that:

• The salary will be a full prevailing wage
• The employee will be notified of any changes made in the certification
• The work environment will conform to all US laws
• The government will be aware where the work is being completed
• The government will have company information, number of employees, state employee job descriptions, and income

This is the most important document that both employer and employee need to have approved before any other steps are taken. It is illegal for the employee to go to the US and start working without an approved LCA.

3. Pay the applicable fees. Except the Fraud Prevention and Detection fee, all other H-1B1 visa fees are the same as the H-1B visa. However, since Premium Processing is not available for the H-1B1 visa, the fee is also not available.
4. The employer has to hand in documents that prove to the Department of Labor that the employee is a national of Singapore or Chile (hand in copy of passport), their tax information, and a report of the wages that are paid to the state employees.

After the employer gets the LCA certification from the DOL and it is approved, the employee may start the application procedure.

Visa Requirements for Employees

The employee or applicant of the H-1B1 visa also has to fulfill some criteria and hand in documents for the visa application process.

• The applicant has to prove professional occupation through diplomas, certifications, and work experience letters
• The applicant cannot work as an independent contractor or freelancer
• The applicant has to prove that they intend to return to their country (Singapore or Chile) by presenting certificates such as property holdings or others. For more information on what documents constitute proof that you do not intend to stay in the US permanently, contact your local US Embassy.
• The applicant has to demonstrate that they have a job in the US by submitting job offer letters with a job description and benefits

H-1B1 Visa Fees

The visa fees that applicants have to pay for the H-1B1 visa include the following:

• Visa Application Fee – for the amount of $190 as with all H visa categories
• Visa Issuance Fee – or reciprocity fee, which is determined based on your location. You can whether you have to pay it, and the amount in the Department of State.

For each fee that you pay, you must keep the receipt which proves you have completed your payment. You will need these receipts when you submit your application to the US Embassy online or at the interview.

H-1B1 Application

After gathering the certification and documents from the employer, and proving your eligibility for the H-1B1 visa, you can start the application procedure.

You must apply at the US Embassy in your country. This means that you have to apply from the consulates in Singapore or in Chile. The reason for this rule is that the Free Trade Agreement states that H-1B1 visas are only for these two countries and it is much more difficult to apply from other places.

Complete the DS-160 Form

The DS-160 form can be found online and needs to be filled with full and accurate information. It is one of the most important parts of the application together with your interview.

Schedule your interview

Try to schedule your interview as early as possible, since appointments take time to be scheduled. Also, if you complete your interview early, you will also get a response in less time and will know whether you have been granted the H-1B1 visa.

Submit the required documents

• Your valid passport
• Your job offer and description
• The LCA certification from DOL
• A recent US visa photograph taken within the last six months
• Your DS-160 Form confirmation page

You have the option of sending the documents via courier or in person. If you submit them in person, you will have to bring the originals, but if you send them via courier, you can attach copies.

Attend the interview

During the interview you will be asked about all the information and documents you have submitted, and the interviewers will try to determine whether you intend to stay permanently in the US or not.

H-1B1 Visa Processing Time

Since the H-1B1 visa is not available for premium processing, it takes more time than the H-1B. Processing times vary from country to country, but in general it takes 4 to 6 months for the H-1B1 visa to be processed.

The time also depends on seasonal fluctuations, so for more accurate information, you should contact the US Embassy where you applied.

In addition, if you want to vary the status of your visa, you can also visit the US Department of State. On this page, you should choose the visa type (Immigrant or Nonimmigrant), which for the H-1B1 visa, it is Nonimmigrant. Then you should enter your location and your application ID, or case number. The website will show you whether your visa is pending or still processing.

H-1B1 Extension

The H-1B1 visa is given for 12 to 18 months, with the potential to extend it on a one year basis, indefinitely. So every time you see your visa is about to expire, you can apply for an extension 4 to 6 months before it expires. The H-1B1 visa can be extended indefinitely as long as you prove you are working in the US and that at some point you intend to return to Singapore or Chile.

Your employer will have to submit the LCA certification and you will have to submit your pay stubs to demonstrate you are working. There are two ways to extend or renew your H-1B1 visa:

• Your employer should apply 4 to 6 months before expiration
• You can seek a new H-1B1 visa at an embassy outside the US

H-1B1 Transfer

The H-1B1 visa transfer can mean two things:

• You want to change employers while you are on an H-1B1 visa
• You want to transfer to another type of visa

If you want to switch employers, your new employer should go through the same procedures of obtaining LCA certification from the Department of Labor and get a form I-797A. Your transfer must be approved before you start working. Another way that you can do this is by going to a US Embassy outside of the US and get another H-1B1 visa stamp with your new employer’s name and LCA number on it.

If you want to transfer to another visa, you have to go through the procedures as if you were getting the visa for the first time. For example, if you want to get an H-1B visa, you will have to get LCA certification and USCIS petition approval from your employer and then follow the other instructions.

During the time you are on an H-1B1 visa, you may apply for other types of visas, except the American Green Card. If you attempt to apply for the Green Card while on an H-1B1 visa, your status might be at risk and you could be deported.

However, if you intend to get the Green Card, you can apply to get a different type of visa, such as the H-1B, and then apply for the Green Card.

H-1B1 Dependents Visa

As a rule, your spouse and children under 21 years old are allowed to accompany you to the US while you are working. They can get H-4 visas, which allow them entry into the US, and they are allowed to enroll in academic studies. However, they are not allowed to engage in employment while in the US.

For your spouse to get approval, you will need to submit your marriage certificate. If your spouse is of a different nationality than Singaporean or Chilean, it is best for you to apply together for the visas. The reason for this is that if your spouse applies for the H-4 visa after you, they might be required to go to their home country and apply from the US Embassy there.

Health Insurance for H1B1 visa holders

The type of health insurance you are eligible as an H1B1 for depends on how long you will be staying in the United States. As an H1B1 visa holder you can have:

• Short-term insurance
• Long-term (domestic) insurance

The second US work visa amongst non-immigrant visas is the H-2 visa. The H-2 visa is designed for two types of workers:

• Temporary agricultural workers with the H-2A visa
• Temporary non-agricultural workers with the H-2B visa

The H-2A visa is directed to those who will work on temporary or seasonal agricultural work. By seasonal, this means that the work is within a specified period of time or event. By temporary, it means that the work does not take more than 1 year to complete.

Based on this, employers in the US who have farms, farming companies or corporations, are allowed to hire farm hands from foreign countries. These farm hands will help the employers with agricultural related jobs for a specified period of time.

There is no cap for the H-2A visas. This means that anyone who applies for the visa and gets approved can come into the US to work and there are not restrictions on how many people can be employed in this work.

• Brunei
• Bulgaria
• Canada
• Chile
• Colombia
• Costa Rica
• Croatia
• Czechia
• Denmark
• Dominican Republic
• Ecuador
• El Salvador
• Estonia
• Ethiopia
• Fiji
• Finland
• France
• Germany
• Greece
• Grenada
• Guatemala
• Haiti (removed)
• Honduras
• Hungary
• Iceland
• Ireland
• Israel
• Italy
• Jamaica
• Japan
• Kiribati
• Latvia
• Liechtenstein
• Lithuania
• Luxembourg
• North Macedonia
• Madagascar
• Malta
• Moldova
• Mexico
• Monaco
• Montenegro
• Nauru
• Netherlands
• Nicaragua
• New Zealand
• Norway
• Panama
• Papua New Guinea
• Peru
• Paraguay
• Poland
• Portugal
• Romania
• Samoa
• San Marino
• Serbia
• Singapore
• Slovakia
• Slovenia
• Solomon Islands
• South Africa
• South Korea
• Spain
• Saint Vincent and the Grenadines
• Sweden
• Switzerland
• Taiwan
• Thailand
• Timor-Leste
• Tonga
• Turkey
• Tuvalu
• Ukraine
• Uruguay
• Vanuatu

Who can apply for an H-2A visa?

The H-2A visa beneficiaries are US farm employers and foreign employees. Any US farm owner who needs extra workers qualifies to initiate the H-2A visa process for foreign workers. They should fulfill the following criteria:

• The job positions that they offer should be temporary and seasonal agricultural work
• Show that US workers are not willing, qualified, able, or available to work in those positions
• Show that by hiring foreign workers they will not negatively affect wages and work conditions of US employees in the same sector
• Have the necessary documents and petition approvals

In addition to the employers, there are conditions for employees too. The conditions to qualify for an H-2A visa as an employee are:

• Find a job from a US employer who is offering temporary agricultural work
• Prove that they intend to return to their home country after the visa expires
• Be of a certain nationality. Not all farm workers from all countries can come to the US to work. The Department of Homeland Security (DHS) has determined the number of countries from which H-2A workers can be hired. These countries are listed below:

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However, if a US employer wants to hire an agricultural worker from a country that is not on the list, they will have to go through some procedures, such as:

• Send a request in writing to the DHS
• Identify the foreign workers by name, date of birth, country of birth, and country of citizenship
• Submit proof that the US benefits from giving an H-2A visa to the workers

The DHS will take into account the request and might update the list to include that country if they determine that it is in the interest of the US to have that worker in the country.

US employers who are hiring workers from countries on the list and off the list are recommended to submit two petitions. This is because it will take less time to process them if they are separated into two groups.

What are the requirements for H-2A employers?

Employers who want to hire foreign workers for temporary and seasonal agricultural work have to follow two steps:

• Get certification from the Department of Labor (DOL)
• Submit petition to USCIS
• Meet DOL requirements

If all of these are approved from their respective agencies, the applicant or employee can start the visa application. Otherwise, if the certification and petition are denied, the employee cannot get the H-2A visa and will not be allowed to enter and work in the US.

Certification from DOL

The first step to getting permission to hire H-2A workers for agricultural purposes is to get certifications from the US Department of Labor. This can be done by filing the following forms:

• Form ETA-790 – Agricultural and Food Processing Clearance Order (job offer)
• Form ETA-9142A – Foreign Labor Certification

Form ETA-790 should be submitted to the State Workforce Agency where the work will be performed 60 to 75 days before the employer needs the agricultural foreign workers. This form together with the ETA-9142A should be filed to the Chicago National Processing Center (NPC) about 45 days before there is a need for the employees.

These forms are filed so that the DOL can verify the reasons that the US employer wants to hire foreign employees. They want to know that the employer was unable to find workers from the US who could do the work and that the workers will not affect the wages of US employees.

The certification is processed by the Chicago NPC and a decision is communicated to the employer 30 days before the employees are needed. If the DOL approves the Temporary Labor Certification, the employer can then move on to the next step.

Submit petition to USCIS

The second step is to petition for the US government to allow foreign workers to be hired in a US company. This is done by filing Form I-129 to USCIS. The form is filed by the employer and a fee if $460 is paid for it. Employers should file Form I-129 for each employee that they intend to hire.

The I-129 is reviewed from USCIS and a response is returned to the employer. If USCIS approved the petition, they will give a Form I-797 which means that the employee can start applying for the H-2A visa and is allowed to work in the US.

Meet DOL requirements

The Department of Labor has more requirements for employers in order for them to be allowed to hire foreign workers. The employer has to prove the following:

Efforts for recruitment

The employer has to demonstrate to the DOL that they made efforts to recruit US workers. This can be done by advertising the job positions in newspapers, TV, radio, or other media. Then they have to prove that they took into consideration each US applicant and provide reasons as to why they were rejected.

Pay foreign workers fair wages

US employers must pay the same wage rate for foreign workers as they would US workers. The wage should comply either with the federal or state minimum wage, the Adverse Effect Wage Rate (AEWR), or the prevailing wage, whichever one is the highest. Employers are encouraged to consult with the DOL about what wage rate to use.

Provide housing

If foreign employees work in a remote place that is far from their residence, and they cannot return to it in the same day, the employer is responsible to provide them with housing. The housing will be inspected and should comply with the Occupational Safety and Health Administration (OSHA) standards.

Provide meals

US employers should either provide three meals to foreign workers or have cooking facilities in the workplace where employees can cook their own meals. If employers provide the meals, they are allowed to charge workers for them and deduct it from their wage.

Provide transportation

The employer must also provide transportation to the employee in these cases:

• When 50% of the contract has been completed, the US employer has to reimburse the transportation expenses of the employee if they were incurred
• If the employer provides housing, they are also responsible to provide transportation from the housing to the place of work
• If the employee is returning to their place of recruitment at the end of the contract, the employer is also responsible to pay the economic costs of the transportation to return there. The employer may not be responsible to pay for such costs if the employee is not returning to the place of recruitment due to having another job.
• In case the employer is providing transportation to foreign workers, they should also provide the same conditions for US workers too.

What are the requirements for H-2A employees?

After the employer has proven that they will meet all the necessary conditions to hire foreign workers and get approvals from DOL and USCIS, the employee can start their visa application. Applications are done at the US Embassy where the employee is applying from. These are the procedures:

1. Fill in the DS-160 form online
2. Pay the visa application fee of $190
3. Set up a visa interview appointment
4. Show up to the interview with these documents:
   • Form DS-160 receipt
   • Forms I-129 and I-797 to show USCIS approval
   • Your passport
   • One photo which meets the US Visa Digital Image Requirements
   • Documents which prove that you intend to return to your home country after your visa expires such as a deed of a property, a lease of an apartment, or letter from an employer who states that they will hire you when you return.
   • Documents for your family members if they are accompanying you
5. If your visa application is approved, apply for visa stamping
6. In case all of these procedures go well, at the end you will have a US H-2A visa through which you can go to the US to work temporarily.

How long does it take to process H-2A visas?

Processing times vary for H-2A visas since there is seasonality and sometimes it might take longer. However, it is recommended for US employers to file USCIS petitions at least 60 days, but no more than 120 days before they need the foreign workers.

The US government takes priority in H-2A visas so they expedite the process due to the fact that agricultural work is seasonal.

How long is a H-2A visa valid?

Since H-2A visas are temporary for agricultural work, they are valid for 1 year. So after a year, the employee has to return to their country of origin. However, in case they have not completed the work and the employer needs them, or they find another employer, the H-2A visa can be extended.

Extensions are done in one-year increments, and the total amount of time that a H-2A visa holder can stay in the US is three years. This means that the H-2A visa can be extended two times. After these three years, the H-2A workers must return to their home country and stay there for an uninterrupted time of 3 months before they are eligible to apply for the visa again

Is it possible to change status on an H-2A visa?

If you have found a job which does not qualify as temporary and seasonal agricultural work, but requires a different type of visa, you can change your status. For example, if you have found a job which requires an H-1B, then your employer needs to undergo the procedures to getting the H-1B visa.

In addition, if you find a new employer for an H-2A visa, the employer needs to get the DOL certification and file a new Form -129, then you can start working for them.

Many foreign workers also wonder whether they can apply for a Green Card when they have an H-2A visa. The answer is that they can. H-2A visa holders can apply for different types of Green Cards, whether they are Employment or Family based Green Cards.

Why would the US Embassy deny my H-2A visa?

The reasons as to why the US Embassy might deny an H-2A visa are mostly employer related. It can happen because:

• There are enough US workers who can complete the job
• The employer did not file the certification and petitions in time, so they could not prove the unavailability of US workers
• The employer did not conduct enough recruiting efforts
• The employer did not/cannot meet the requirements of compensation, meals, housing, and transportation
• The employer has previously violated H-2A terms and conditions

Can my family join me when on an H-2A visa?

The spouse of the H-2A visa holder and children under 21 years old can accompany them to the US. They will have to apply for an H-4 visa. Under the H-4 visa, dependents are not allowed to work. Only dependents of H-1 visas are allowed to work under the H-4 EAD program in certain circumstances.

If the visa of the primary H-2A holder is extended, the family can also apply for an extension of their H-4 visa. In addition, if the family finds jobs which require H-2A visas, they can try to change their status if employers go through the necessary procedures.

The second type of visa within the H-2 temporary US work visas is the H-2B visa. Whereas the H-2A visa targets temporary and seasonal agricultural workers, the H-2B program is for temporary non-agricultural workers.

The US government allows employers who can prove their temporary need for employees and cannot find them in the US to bring in foreign workers. This is done through the H-2B visa sponsors. Foreign workers can then apply for the visas after being sponsored and have the opportunity to work in the US for a specified period of time.

The H-2B visa jobs are designed for some specific industries which experience demand surges and demonstrate a need for additional temporary workers. Industries, which qualify to hire H-2B workers include:

• Hospitality
• Cruise Ships
• Resorts and Theme Parks
• Construction
• Ski resorts
• Golf courses
• Maintenance and janitorial
• Landscaping
• Water Parks
• Warehouses
• Restaurants and bars
• Retail stores
• Sports and athletics, etc.

The difference between the H-2A visa and the H-2B is not only in the fact that agricultural workers cannot get an H-2B visa. It also lies in the fact that the H-2B visa has a cap, while the H-2A does not. The cap for the H-2B visa is 66,000 visas per fiscal year. The distinction becomes even more specific, since there is a certain number of visas per each part of the fiscal year. In the first part of the fiscal year, from October 1^st to March 31^st, 33,000 H-2B visas are given. The rest, so another 33,000 are given in the second part of the fiscal year, from April 1^st to September 30^th.

If in the first part of the fiscal year, not all 33,000 visas are given, the rest can be given on the second part. However, if the yearly cap is not fulfilled, the difference is not carried over to the next year.

Who qualifies for an H-2B visa?

The H-2B visa process is initiated by the employer. US companies, whether they are public or private, sole proprietorships, or corporations want to hire foreign workers. However, employers should meet a few criteria such as:

• Employers need to prove that they have looked for US employees, but there have not been enough
• That by hiring foreign workers, they will not negatively affect the wages and working conditions of US employees
• That the foreign workers will fill temporary positions

These three conditions are met by obtaining the Department of Labor (DOL) Temporary Labor Certification, which is detailed below. In addition, employers must take responsibility for providing the following:

• Transportation for employees if they have to travel far from their place of residence and cannot return there within the same day. If they do not provide transportation immediately, then they should reimburse employees for the expenses at the end of the employment contract.
• Three meals per day for the duration of the contract. Employers have the right to charge employees a fee that is deducted from their wages if they provide the three meals. If employers do not provide meals, then they should provide cooking facilities where employees cook their own meals.
• Fair wages that are the same as for US workers. Employers should consult with the Department of Labor to determine the fair hourly wage for foreign workers that is not lower than the one they would pay for US workers.

Besides the employers, employees or foreign workers also have to fulfill a few conditions:

• They must have a job offer from a US employer
• They have to prove their intent to return to their country of origin once their visa expires
• They have to be eligible for an H-2B visa by proving that they are skilled workers in the job position that they are offered
• They have to be from a country listed in the H-2B eligible countries list

The Department of Homeland Security has determined the citizens of countries that are eligible to get H-2B visas. The list is updated each year and employers can ask to add other countries.

The current H-2B countries list includes these countries:

• Argentina
• Fiji
• Madagascar
• Slovenia
• Australia
• Finland
• Malta
• Solomon Islands
• Austria
• France
• Mexico
• South Africa
• Barbados
• Germany
• Monaco
• South Korea
• Belgium
• Greece
• Montenegro
• Spain
• Belize
• Grenada
• Nauru
• St. Vincent and the Grenadines
• Brazil
• Guatemala
• New Zealand
• Sweden
• Brunei
• Honduras
• Nicaragua
• Switzerland
• Bulgaria
• Hungary
• North Macedonia
• Taiwan*
• Canada
• Iceland
• Norway
• Thailand
• Chile
• Ireland
• Panama
• The Netherlands
• Colombia
• Israel
• Papua New Guinea
• The Philippines
• Costa Rica
• Italy
• Peru
• Timor-Leste
• Croatia
• Jamaica
• Poland
• Turkey
• Czech Republic
• Japan
• Portugal
• Tuvalu
• Denmark
• Kiribati
• Romania
• Ukraine
• Ecuador
• Latvia
• San Marino
• Uruguay
• El Salvador
• Lichtenstein
• Serbia
• Vanuatu
• Estonia
• Lithuania
• Singapore
• Ethiopia
• Luxembourg
• Slovakia

If an employer wants to hire a foreign worker who is not on the list, they should provide these documents:

• A written request to the Department of Homeland Security
• The foreign workers’ documents
• Proof that the worker will benefit the US by getting the H-2B visa

The Department of Homeland Security will then assess the request and make a decision. If employers are hiring foreign workers from countries on and off the list, they are recommended to submit two petitions for each group to make processing faster.

What are the requirements for H-2B program employers?

H-2B program employers have to follow two steps in order to get permission to hire foreign workers for temporary work purposes.

Get DOL Certification

All US employers who want to hire foreign employees have to go through the Department of Labor to get certification. In the H-2B visa case, a Temporary Labor Certification is necessary. Employers have to file and prepare these documents:

• Form ETA-9155 – Application for H-2B registration (no more than 150 and no less than 120 days before the worker is needed)
• Form ETA-9141 – Application for Prevailing Wage Determination
• Form ETA-9142 – Application for Temporary Employment Certification (no more than 90 and no less than 75 days before the worker is needed)

Besides these forms, employers have to prove that the worker is needed temporarily. There are four types of temporary work that qualify:

• One-time occurrence – which means that the job positions are usually permanent, but some event has created a situation where there is a need for a temporary worker. Another situation is if the employer has never hired someone for that certain job position, and does not plan to do so again in the future, but needs someone just for now.
• Seasonal need – which means that there is a shortage of labor now because the industry that the employer is in has a traditional cycle of seasonality, but not because of some unpredictability or because permanent employees are on vacation.
• Peakload need – which means that the job position is usually filled by permanent staff, but due to increased short-term demand, the employer needs additional temporary staff.
• Intermittent need – which means that the employer does not hire permanent staff for that job position, but always hires temporary staff for short periods of time.

Employers also have to prove that they did not find US employees who were willing, able, qualified, or available to do the job. To prove this, they have to go through a recruitment process. The recruiting process includes posting job ads in newspapers and other media. The job ads have to be in the newspaper for three consecutive days. In addition, the offer has to be open to US workers up until 21 days before the employer needs the services of the employee.

The employer then needs to send the documentation that proved their recruiting efforts to the Department of Labor, in order to qualify for the certification. If the DOL approves the Temporary Labor Certification, it is valid for three years. Then the employer can go through the next steps.

Submit petition to USCIS

The next step is to file the petition to the Unite States Citizen and Immigration Services (USCIS). The petition is filed through filling Form I-129 no more than six months and no less than 45 days before there is a need for the employees. Individual petitions should be submitted for each employee and they cannot be transferred to other employees.

If USCIS approves the petition, they will issue Form I-797 to the employer. Form I-797 contains the dates for when the employer can hire that certain employee and when the work must end. Employers must adhere to the working dates, otherwise future petitions could be denied.

What are the requirements for H-2B employees?

After the employer gets all approvals and certifications, the employee or foreign worker can proceed to apply for the H-2B visa. They need the following documents:

• Online Form DS-160 and the receipt
• Form DS-156
• Form DS-157 (if male between 16 and 45 years old)
• Visa application fee of $190
• Passport
• One photograph meeting the Digital Images Requirements for US visa
• Job offer from US employer
• Copies of approvals from USCIS (Form I-797 and Form I-129)
• Proof that they intend to return to their home country such as a property deed, apartment lease, or future job contract.

After that, they will set a visa interview and attend it. During the interview, they will be assessed by the US Embassy whether they are fit to have an H-2B visa. If the visa is approved, the employee files for visa stamping and can then make travel arrangements for the US.

The employee is allowed to go into the US between the dates that are stated on the Form I-797 for employment.
The second US work visa amongst non-immigrant visas is the H-2 visa. The H-2 visa is designed for two types of workers:

• Temporary agricultural workers with the H-2A visa
• Temporary non-agricultural workers with the H-2B visa

The H-2A visa is directed to those who will work on temporary or seasonal agricultural work. By seasonal, this means that the work is within a specified period of time or event. By temporary, it means that the work does not take more than 1 year to complete.

Based on this, employers in the US who have farms, farming companies or corporations, are allowed to hire farm hands from foreign countries. These farm hands will help the employers with agricultural related jobs for a specified period of time.

There is no cap for the H-2A visas. This means that anyone who applies for the visa and gets approved can come into the US to work and there are not restrictions on how many people can be employed in this work.

Who can apply for an H-2A visa?

The H-2A visa beneficiaries are US farm employers and foreign employees. Any US farm owner who needs extra workers qualifies to initiate the H-2A visa process for foreign workers. They should fulfill the following criteria:

• The job positions that they offer should be temporary and seasonal agricultural work
• Show that US workers are not willing, qualified, able, or available to work in those positions
• Show that by hiring foreign workers they will not negatively affect wages and work conditions of US employees in the same sector
• Have the necessary documents and petition approvals

In addition to the employers, there are conditions for employees too. The conditions to qualify for an H-2A visa as an employee are:

• Find a job from a US employer who is offering temporary agricultural work
• Prove that they intend to return to their home country after the visa expires
• Be of a certain nationality. Not all farm workers from all countries can come to the US to work. The Department of Homeland Security (DHS) has determined the number of countries from which H-2A workers can be hired.

However, if a US employer wants to hire an agricultural worker from a country that is not on the list, they will have to go through some procedures, such as:

• Send a request in writing to the DHS
• Identify the foreign workers by name, date of birth, country of birth, and country of citizenship
• Submit proof that the US benefits from giving an H-2A visa to the workers

The DHS will take into account the request and might update the list to include that country if they determine that it is in the interest of the US to have that worker in the country.

US employers who are hiring workers from countries on the list and off the list are recommended to submit two petitions. This is because it will take less time to process them if they are separated into two groups.

What are the requirements for H-2A employers?

Employers who want to hire foreign workers for temporary and seasonal agricultural work have to follow two steps:

• Get certification from the Department of Labor (DOL)
• Submit petition to USCIS
• Meet DOL requirements

If all of these are approved from their respective agencies, the applicant or employee can start the visa application. Otherwise, if the certification and petition are denied, the employee cannot get the H-2A visa and will not be allowed to enter and work in the US.

Certification from DOL

The first step to getting permission to hire H-2A workers for agricultural purposes is to get certifications from the US Department of Labor. This can be done by filing the following forms:

• Form ETA-790 – Agricultural and Food Processing Clearance Order (job offer)
• Form ETA-9142A – Foreign Labor Certification

Form ETA-790 should be submitted to the State Workforce Agency where the work will be performed 60 to 75 days before the employer needs the agricultural foreign workers. This form together with the ETA-9142A should be filed to the Chicago National Processing Center (NPC) about 45 days before there is a need for the employees.

These forms are filed so that the DOL can verify the reasons that the US employer wants to hire foreign employees. They want to know that the employer was unable to find workers from the US who could do the work and that the workers will not affect the wages of US employees.

The certification is processed by the Chicago NPC and a decision is communicated to the employer 30 days before the employees are needed. If the DOL approves the Temporary Labor Certification, the employer can then move on to the next step.

Submit petition to USCIS

The second step is to petition for the US government to allow foreign workers to be hired in a US company. This is done by filing Form I-129 to USCIS. The form is filed by the employer and a fee if $460 is paid for it. Employers should file Form I-129 for each employee that they intend to hire.

The I-129 is reviewed from USCIS and a response is returned to the employer. If USCIS approved the petition, they will give a Form I-797 which means that the employee can start applying for the H-2A visa and is allowed to work in the US.

Meet DOL requirements

The Department of Labor has more requirements for employers in order for them to be allowed to hire foreign workers. The employer has to prove the following:

Efforts for recruitment

The employer has to demonstrate to the DOL that they made efforts to recruit US workers. This can be done by advertising the job positions in newspapers, TV, radio, or other media. Then they have to prove that they took into consideration each US applicant and provide reasons as to why they were rejected.

Pay foreign workers fair wages

US employers must pay the same wage rate for foreign workers as they would US workers. The wage should comply either with the federal or state minimum wage, the Adverse Effect Wage Rate (AEWR), or the prevailing wage, whichever one is the highest. Employers are encouraged to consult with the DOL about what wage rate to use.

Provide housing

If foreign employees work in a remote place that is far from their residence, and they cannot return to it in the same day, the employer is responsible to provide them with housing. The housing will be inspected and should comply with the Occupational Safety and Health Administration (OSHA) standards.

Provide meals

US employers should either provide three meals to foreign workers or have cooking facilities in the workplace where employees can cook their own meals. If employers provide the meals, they are allowed to charge workers for them and deduct it from their wage.

Provide transportation

The employer must also provide transportation to the employee in these cases:

• When 50% of the contract has been completed, the US employer has to reimburse the transportation expenses of the employee if they were incurred
• If the employer provides housing, they are also responsible to provide transportation from the housing to the place of work
• If the employee is returning to their place of recruitment at the end of the contract, the employer is also responsible to pay the economic costs of the transportation to return there. The employer may not be responsible to pay for such costs if the employee is not returning to the place of recruitment due to having another job.
• In case the employer is providing transportation to foreign workers, they should also provide the same conditions for US workers too.

What are the requirements for H-2A employees?

After the employer has proven that they will meet all the necessary conditions to hire foreign workers and get approvals from DOL and USCIS, the employee can start their visa application. Applications are done at the US Embassy where the employee is applying from. These are the procedures:

1. Fill in the DS-160 form online
2. Pay the visa application fee of $190
3. Set up a visa interview appointment
4. Show up to the interview with these documents:
   • Form DS-160 receipt
   • Forms I-129 and I-797 to show USCIS approval
   • Your passport
   • One photo which meets the US Visa Digital Image Requirements
   • Documents which prove that you intend to return to your home country after your visa expires such as a deed of a property, a lease of an apartment, or letter from an employer who states that they will hire you when you return.
   • Documents for your family members if they are accompanying you
5. If your visa application is approved, apply for visa stamping
6. In case all of these procedures go well, at the end you will have a US H-2A visa through which you can go to the US to work temporarily.

How long does it take to process H-2A visas?

Processing times vary for H-2A visas since there is seasonality and sometimes it might take longer. However, it is recommended for US employers to file USCIS petitions at least 60 days, but no more than 120 days before they need the foreign workers.

The US government takes priority in H-2A visas so they expedite the process due to the fact that agricultural work is seasonal.

How long is a H-2A visa valid?

Since H-2A visas are temporary for agricultural work, they are valid for 1 year. So after a year, the employee has to return to their country of origin. However, in case they have not completed the work and the employer needs them, or they find another employer, the H-2A visa can be extended.

Extensions are done in one-year increments, and the total amount of time that a H-2A visa holder can stay in the US is three years. This means that the H-2A visa can be extended two times. After these three years, the H-2A workers must return to their home country and stay there for an uninterrupted time of 3 months before they are eligible to apply for the visa again

Is it possible to change status on an H-2A visa?

If you have found a job which does not qualify as temporary and seasonal agricultural work, but requires a different type of visa, you can change your status. For example, if you have found a job which requires an H-1B, then your employer needs to undergo the procedures to getting the H-1B visa.

In addition, if you find a new employer for an H-2A visa, the employer needs to get the DOL certification and file a new Form -129, then you can start working for them.

Many foreign workers also wonder whether they can apply for a Green Card when they have an H-2A visa. The answer is that they can. H-2A visa holders can apply for different types of Green Cards, whether they are Employment or Family based Green Cards.

Why would the US Embassy deny my H-2A visa?

The reasons as to why the US Embassy might deny an H-2A visa are mostly employer related. It can happen because:

• There are enough US workers who can complete the job
• The employer did not file the certification and petitions in time, so they could not prove the unavailability of US workers
• The employer did not conduct enough recruiting efforts
• The employer did not/cannot meet the requirements of compensation, meals, housing, and transportation
• The employer has previously violated H-2A terms and conditions

Can my family join me when on an H-2A visa?

The spouse of the H-2A visa holder and children under 21 years old can accompany them to the US. They will have to apply for an H-4 visa. Under the H-4 visa, dependents are not allowed to work. Only dependents of H-1 visas are allowed to work under the H-4 EAD program in certain circumstances.

If the visa of the primary H-2A holder is extended, the family can also apply for an extension of their H-4 visa. In addition, if the family finds jobs which require H-2A visas, they can try to change their status if employers go through the necessary procedures.

How long is the H-2B visa valid?

Since the H-2B visa is temporary, it does not allow for longer stays than 1 year in the US. So those who have an H-2B visa are allowed to stay for the period that is stated in their I-797, but no more than one year. Applicants should also keep in mind that time spent outside the US also counts as H-2B stay, once they get the visa.

The H-2B visa can be extended however. If the employer files for an extension, they must have a valid reason as to why they need the temporary foreign worker. For the H-2B visa, two extensions for one year each are available. So in total, the maximum amount that a foreign temporary worker can stay in the US on an H-2B visa is 3 years.

After the 3 years, H-2B visa holders are allowed to stay in their home country for 3 months before they can again apply for the H-2B visa.

Can I change status while on an H-2B visa?

Anyone who is on an H-2B visa in the US can file for status changes. If they find a new H-2B employer, the new employer must file for certification and petition to USCIS to be able to hire the foreign worker.

In addition, if the H-2B visa holder finds jobs that require other visas, they are allowed to have their new employer petition for them to change status. If, for example, the H-2B visa holder finds a temporary agricultural job that requires an H-2A visa, their new employer has to follow the H-2A visa procedures.

You can also go from an H-2B visa to a Green Card. H-2B visa holders can apply for Green Cards which are either Employment or Family Based.

Why could the US deny an H-2B visa?

The H-2B visa could be denied on different grounds, mainly due to the nature of temporary work. Some reasons why the H-2B visa could be denied are:

• There were enough willing and capable US workers for the job position
• The employer affected wages and work conditions of US employees
• The employer did not file requests and documents within the necessary time frame
• The employer did not make enough recruitment efforts to hire US workers
• The employer violated H-2B terms and conditions previously

Can H-2B visa holders bring their family to the US?

Anyone who has an H-2B visa is allowed to have their spouse and children under 21 years old accompany them. The family members will have to apply with an H-4 visa. Under the H-4 visa, they can enroll in academic courses, but are not allowed to work. However, if someone on an H-4 visa finds a job with an employer willing to sponsor them, they can change status if all necessary conditions are met.

Another US work visa type is the H-3 or the Trainee or Special Education visitor. This type of visa is for foreign nationals who want to go to the US for a specific period of time to receive training or special education.

The H-3 visa gives its holders the right to enter the country and attend their preferred training institution that admits them. The main condition to get this visa is that the applicant must enroll in a training program which is not available in their home country.

The training program cannot be a full academic degree or medical training, but should be practical programs which equip the applicant with more advanced skills. The applicant should get this new knowledge and skills and prove that they will go back to their home country and apply them. The training program should make it possible for the applicant to advance in their career.

Who Qualifies for the H3 Visa?

There are two types of programs which qualify for the H-3 visa:

• Training program – which can be in any field of study with the exception of medical professions and training. Examples of fields which qualify for training programs are:
  • Finance
  • Transportation
  • Agriculture
  • Communications
  • Government
  • Business, etc.
• Special education – which means that the applicant will enroll in a theoretical or practical program to advance their knowledge about children with special needs such as:
  • Physical needs
  • Mental challenges
  • Emotional challenges

An H-3 visa does not allow its holder to work in the US. The applicant can only engage in practical work that is part of the curriculum of the training program. However, they cannot enter into any work contract that is considered formal employment in the US. To become employed, applicants would need other types of visas such as H-1B visa, H-2A visa, H-2B visa, etc.

The H-3 visa has a limited number that the US government grants each year. Out of all the applicants, the US government grants the visa to only 50 people from other countries to enter the US with this visa.

What Are The Requirements For The H-3 Visa?

To qualify for an H-3 visa, the applicant must fulfill a few conditions:

• There must be a formal invitation for the applicant from the training institution
• The applicant couldn’t find the program in their home country
• The program doesn’t involve medical training
• The applicant intends to return to their home country after the training program is over
• The training or special education program will benefit the applicant’s career
• The applicant will not have a full time job in the US with the exception of work foreseen in the training program

Since the institution where the training will be held must invite the applicant in order for the applicant to qualify for the visa, they should also compile a detailed description of the training program. This description should contain the following:

• The curriculum and structure of the program
• The time when lectures should be held, and if applicable, when and how many hours of practical work are necessary
• The financial and other benefits that the institution gets by providing that specific type of training
• The type of careers and professions that will benefit from the training program
• The benefits that the applicant will get from the training
• The reasons as to why this training program doesn’t exist in the applicant’s home country

This description should be sent to the United States Citizenship and Immigration Services (USCIS) as part of the application process detailed below.

How To Apply For The H-3 Visa?

Similar to the other H type visas, the H-3 visa cannot be initiated by the applicant. Instead, the applicant has to find the appropriate training program and apply to be admitted. The institution where the training program is being held should then initiate the H-3 visa process. As with H-1B, H-2A, or H-2B visas, the institution should then petition to the appropriate agencies for the H-3 applicant to be given a visa.

The institution that gives the training should send a petition to USCIS with the description of the training or special education program that the applicant wants to attend and also attach more documentation such as:

• The staff of the training institution
• The profile of the applicant with details about:
  • Education and previous degrees
  • Prior training
  • Work experience in the relevant field that the training will be about
  • Whether the applicant will receive any financial benefit from the training
• If it is a special education institution, it should also provide proof that they offer such services or training

In addition to all this, the institution should file Form I-129, Petition for Nonimmigrant Worker to USCIS. The fee for the document is $460. This document should be filled with the necessary information and sent to USCIS with the documents described above. The petition should be filed at a specific time, mainly more than six months before the training program will begin. This is because it will take time for it to process, and if filed later, USCIS cannot guarantee the processing of the petition and the communication of a decision.

After USCIS reviews the documents and the Form I-129, they will make a decision and send it to the training institution. If they approve the petition, they will send Form I-797 to the institution, which will help the participant to apply for the visa.

The approval of the petition will signal the training or special education participant to start applying for the H-3 visa. The visa application should be done at the US Embassy of the applicant’s home country. The applicant should submit these documents:

• Fill out Form DS-160 online
• Form I-129 and Form I-797
• Valid passport
• Birth certificate
• One photograph meeting the US Visa Digital Image Requirements
• Documents which prove your intent to return to your home country such as a property deed, apartment lease, or future job contract
• Pay the application fee of $190

After submitting the documents, you will have to set an interview appointment. The interview will then be conducted to assess whether you are fit to attend the training or special education program and if you meet all the qualifications.

Your documents and the interview will form a basis upon which the US Embassy will make a decision whether to grant you the H-3 visa or not. In case of a positive response, you will then get the visa stamp and will be ready to attend the program you have been admitted to.

How Long Does It Take To Get The H-3 Visa?

Processing times for each visa vary. You will have to make sure that the institution petitions on your behalf at least 6 months before the training program starts. It will take approximately four to six weeks for USCIS to process the petition.

After that, you will have to gather your documents and proceed with the application. Depending on the demand at your local US Embassy, it might take one to three months for them to get back to you with a final decision on whether you will get the H-3 visa or not.

How Long Can I Stay In The US With An H-3 Visa?

An H-3 visa holder can stay in the US for the length of time that the training or special education program runs. That time is stated in the I-797 Form that USCIS gives to the institution when they approve Form I-129.

In principal, H-3 visas for training programs are valid for up to 2 years. After two years, the training participant must return to their home country. H-3 visas are valid for only 18 months for those who are participating in special education programs.

The H-3 visa is different from other H type visas in that it cannot be extended. After the visa expires, applicants cannot extend their stay in the US. In addition, H-3 visa holders cannot apply for the Green Card. If the participant of the training program states that they intend to apply for a US immigrant visa, their H-3 visa might be denied or revoked. They must demonstrate that they will return with the intention of applying the skills they gained during the training program.

However, H-3 visa holders can apply to change status. If you are participating in a training program, but find a job which requires an H-1B, H-2A, or H-2B visa, your employer can petition to USCIS for you to change your status.

Why Was My H-3 Visa Denied?

Since there is a maximum cap of 50 H-3 visas annually, there are a lot more petitions that are denied by USCIS and the US Embassy. Some reasons why the H-3 visa might be denied are:

• The cap has already been fulfilled and there is no more space for H-3 visas
• The training institution did not petition in time
• If the training program is general and is unstructured
• If the training participant has already completed similar training
• If the applicant will be employed in the US
• If the institution does not have sufficient capacity to train the applicant

Can I Bring My Family To The US On An H-3 Visa?

If you are granted an H-3 visa, your spouse and children under 21 years old can accompany you. The visa for families of H-3 holders is the H-4 visa. The H-4 visa allows studying in academic courses, but does not allow employment.

The L1 Visa is a US temporary work visa that allows you to transfer from a company in your foreign country into its US branch, subsidiary, affiliate, or parent company. You will have to take an executive or managerial position which requires specialized knowledge to get the L1 visa. It is also known as the Intra Company Transferee visa.

The L1 visa is not specifically made for one type of company or specific countries. All companies, from huge corporations, medium sized companies, and small start-ups are eligible to transfer their employees to the US as long as they have a company related to them there.

Do I qualify for the L1 Visa?

To be eligible for the L1 Visa, the person applying has to fulfill the following criteria:

• Have employment in another country that is not the US for at least one year in the past three years.
• Have specialized knowledge, or have a managerial or executive position.
• Have a transfer offer to a managerial, executive, or specialized knowledge position in the US company.
• Be registered as a full-time employee; however, the applicant can work part-time in the US and use the rest of the time to work in their home.
• The company where the applicant works must have a subsidiary, branch, affiliate, or parent company in the US.

The Intra Company Transferee visa has no cap, therefore, it can be given to everyone who is eligible and goes through the application process. In addition, all foreign nationals are eligible for this type of visa as long as they fulfill the requirements.

What are the Types of L1 visas?

There are two types of L1 Visas:

• L1A Visa – L1 visa for Managers and Executives.
• L1B Visa – L1 visa for Specialized Knowledge staff.

Who Can Obtain the L1A Visa?

What should be the duties of a Manager to qualify for a L1 Visa?

A manager must perform the following duties to claim that title:

• Has the authority to hire and fire employees accordingly if there is no other supervisor of that function. If there is a human resource supervisor, the manager has the authority to recommend people for hiring or for firing them.
• Is in charge of the whole company or a division of it.
• Has control over the supervisors and lower level employees of the organization or the division which the manager heads.

A supervisor who sees day to day operations and has another supervisor to whom he or she reports to, cannot state that they are a manager. This person would be considered as staff of the company, since they have no decision making power and must ask for approval from their superior.

Managers must have e certain degree of control and power over the company and its decisions to be able to qualify for an L1A visa for transferring to the US. An example of a manager could be the Head of the Marketing Department, or the Head of Operations of a company.

Who is considered an Executive?

As for an executive, these duties fall under that job position:

• Is supervised only by stakeholders or a board of directors and no others
• Makes policy rules and regulations for the company
• Has the ultimate decision making power regarding the company, besides the stakeholders and the board of directors

If the person must report and is supervised directly by another person, with the exception of stakeholders and the board of directors, then they do not meet the criteria of being an executive. An executive must be monitored at a very low degree. An example of an executive is the Chief Executive Officer (CEO) of a company.

Who Can Obtain the L-1B Visa?

The L-1B visa is directed towards those individuals who have specialized knowledge within a company.

Specialized knowledge professionals are those who are key employees within a company. They possess extraordinary and inimitable knowledge over the company’s products or services. This knowledge is difficult to transfer to another person and would take time as well as resources. The person with the specialized knowledge has gained this knowledge through years of experience within the company and so without them, the company’s products or services would not be of the same quality.

There are many industries that can claim specialized knowledge personnel to be eligible for L-1B visa transfers, such as:

• Surgeons and physicians in hospitals.
• Engineers.
• Lawyers.
• Teachers.
• Professors.

The L-1B visa is thus given to people whose company can prove that they are indispensable to company functions.

How to Apply for the L1 Visa?

The L1 visa process is quite different from the H-1B visa application process. Whereas H-1B visa applicants need to go through the US Labor Department, have prevailing wage certifications, and prove that no available US workers can fulfill the job position, L1 visa applicants do not need these. Read more on the differences between L1 and H1b visas.

So to apply for the L1 visa, you will need to go through the following steps:

1. Get a transfer offer.
2. Filing Form I-129.
3. Employer must pay the fees.
4. File Form DS-160.
5. Pay the L1 visa application fee.
6. Schedule your L1 visa interview.
7. Submit your L1 visa documents.
8. Attend your interview.

Get a transfer offer

This is the obvious logical prerequisite. Your employer who has a branch, subsidiary, affiliate, or parent company in the US, must give you an intracompany transfer offer in a managerial, executive, or specialized knowledge position. Then you can begin your application.

Filing Form I-129

There are two ways to go about filing this form:

Individual Petitions

The employer must file a petition to the US for the employee to transfer to the country. The individual petition ensures that one employee applies for the L1 visa. This includes filing Form I-129, Petition for a Nonimmigrant Worker and the additional L Supplement to the form to the US Citizenship and Immigration Services (USCIS). The petition must be approved by USCIS in order for the employee to start their application at the US Embassy. When the petition is approved, the employer will get Form I-797.

L1 Blanket Petitions

The blanket petition has been created to enable large companies to get one approval from USCIS and transfer many employees on L1 visas to the US.

To do this, they must fulfill the following requirements:

• The organization must be in the commercial trade or service business.
• The organization must have an office in the US for one or more years.
• The organization in the foreign country and their affiliates in the US must have obtained 10 L1 approvals in the past 12 months.
• The organization in the foreign country and the affiliates in the US must have combined annual sales of at least $25 million or have at least 1,000 employees in the US.

The employer files a Form I-129S, Nonimmigrant Petition Based on L1 Blanket Petition to USCIS. After it is approved, the employer gets Form I-797, which all employees who will transfer will use in their applications.

The blanket petition is valid for 3 years, and can be extended as many times as the employer needs. However, if the petition expires, then the employer cannot file a new blanket petition for another 3 years, but is allowed to file individual petitions.

Besides these two differences in the application process, all other steps remain the same for all L1 visa applicants, whether they have an individual or blanket petition.

File Form DS-160

Form DS-160 is required for most visa applications, including the L1 visa. The form is found online and requires applicants to submit the necessary information about their intent to go to the US, their purpose, and other details that will help the US Embassy make a decision. After you have submitted the DS-160, you will get a confirmation page and number, which you need to keep for later on.

Pay the L1 visa application fee

The application fee for the L1 visa is $190. You must pay this fee in order for your application to be processed further. Besides this, you might be required to pay additional fees based on your home country or reciprocity measures with the US. Nevertheless, after you pay all fees, get the receipts which you will attach to your documents.

Schedule your L1 visa interview

To get the L1 visa, you must conduct an interview with the officials of the US Embassy that you are applying from. If you are over 13 and under 79 years old, you must schedule an interview. Try to do this as soon as possible, since the Embassies are busy and it might take a while for them to get to your turn. When you schedule your interview, you will get a visa interview appointment letter.

Submit your L1 visa documents

You must have a file with the above-mentioned documents to submit for your application to be considered.

To apply for an L1 Visa, you must submit the following documents:

• A valid passport for an additional 6 months after your visa ends.
• A photograph meeting the US visa Photography Requirements
• The DS-160 confirmation page and code.
• The receipts that you have paid all L1 visa fees.
• The L1 visa interview appointment letter.
• For individual petitions:
  • Form I-129 and one copy.
  • Form I-797.
• For blanket petitions:
  • Form I-129S and two copies.
  • Three copies of Form I-797.
• Letter from employer confirming your transfer and your job description.
• Proof that you have worked with the employer for at least 1 year in the past 3 years.
• Letters from previous employers and contact information for your supervisors.
• Contact information from 2 coworkers from your current and previous job positions.
• Photographs of the inside and outside of your place of work.
• Your CV or resume.

Attend your interview

Your interview in an integral part of your application. You will be interviewed by an official from the US Embassy you applied to. The official will try to gauge your intentions for travelling to the US, and wants you to prove that your transfer is true and that you will be working in the US. If your interview goes well, your visa will be processed and you can go and get your passport stamped.

What Kind of Questions Will there be on the L-1A visa Interview?

The L-1A visa interview questions will revolve around trying to see whether you meet the requirements for this visa and whether your job position falls under the managerial and executive ones. If you pass
the interview successfully, you will wait for the processing time and get the visa stamped on your passport.

What Questions Will I Answer on the L-1B Visa Interview?

The official conducting it will ask you L-1B visa interview questions regarding your place of work, your specialized knowledge, and why your knowledge is so important to the company. It is best to answer questions as fully as possible to avoid any incomplete information. After the interview, you will have to wait for the processing time and if you are approved, send your passport in for stamping.

What is the L1 Visa Processing Time?

The L1 visa does not take too long to process. Individual petitions however, take a bit longer than blanket petitions, but the reduction in time is very small. In general, an L1 visa is processed for around 3 to 4 months from the time the application was submitted.

Since there is an option for premium processing, employers who pay it can get the answer to whether their petition is approved or denied in 1 to 3 weeks.

How Long is the L1 Visa Valid?

When your employer files the Form I-129, they also determine the length of the contract. When your visa is approved, that is the length of time you will be allowed to work in the US. That time is also specified on your Form I-94 that you will receive upon entry to the US.

When this period of time is close to expiration, your employer can file for an extension. If the extension is approved, you will be able to stay in the US for longer.

There is however a maximum duration of time that you can stay in the US on an L1 visa. This depends on the type of L1 visa that you have. If you have an L1A visa, you are allowed to work in the US for a maximum of 7 years, while with an L1B visa, you can stay up to 5 years. When your maximum time is up, you can explore other options, which can also lead to a permanent stay in the US.

Can I Extend my L1A Visa?

If the requirements for extensions are fulfilled, USCIS will grant the L1A visa status for an additional 2 years. USCIS allows two extensions for L1A visas, which means that you can extend your period of stay in the US for another 4 years. Based on this, the maximum amount of time you can to stay in the US with an L1A visa is 7 years. After that, you will either have to go back to your home country or seek other permanent solutions to staying in the US.

Can My L-1B Visa be Extended?

In case you show professionalism and do not breach your work contract or visa rules, your employer might want to extend your L-1B visa. The employer can file for an extension only once, and the period of validity will go on for another 2 years for your L-1B visa. This means that in total, the maximum validity period for this visa is 5 years. After that, you will want to look into more permanent residence options if you decide you want to stay in the US.

L1 Visa to Green Card

Luckily, similar to the H-1B visa, the L1 visa is also of dual intent. This means that L1 visa applicants do not necessarily have to prove that they will return to their home country once their contracts end. They don’t have to prove any ties to home, and they are allowed to apply for a Green Card.

Applications for a Green Card can be done by filing Form I-40, adjustment of status, through employment, family unions, or other methods. Since some L1 visa holders have specialized knowledge, they could also apply as priority workers for the Green Card, and could end up obtaining it within 1 year. So, in other words, if a L1 visa applicant states that they have immigration intent to the US, it will not affect or penalize their application.

L1 Visa Dependents

L1 visa holders are allowed to have their dependents accompany them to the US where they are working. Dependents include the spouse and unmarried children under 21 years old. These dependents must get an L2 visa to be allowed to into the US to join the person with the L1 visa.

The L2 visa allows dependents to get a driver’s license, open a bank account, as well as engage in activities such as enrolling in a university to get a degree, as well as get employment by obtaining an Employment Authorization Document (EAD).

How Many L-1B Visa Employees Can there be in a Company?

It is not specified how many people can be such key employees within a company. The company itself must be able to distinguish between employees who are vital to the company function and those who serve to only produce the products or services. Therefore, the company can claim many employees are key to the company and ask for transfers to the US; however, they must prove that the knowledge that the person has cannot be found in other employees or outside workers.

The O1 visa for the US is a non-immigrant type of visa, which is issued to foreign nationals who have exceptional abilities or achievements in their field.

Because it is aimed at individuals in science, education, or the arts, it is also referred to as an extraordinary ability visa or an artist’s visa.

Who Can Apply for an O1 Visa?

You can apply for an O1 visa if you are someone who is accomplished in your field of work and have extraordinary abilities or achievements. There are two types of O1 visas, depending on your field of expertise – the O1A and O1B:

• You can apply for an O1A visa if you have extraordinary abilities in the fields of arts, sciences, education, business, or athletics.
• You can apply for an O1B visa if you have extraordinary ability in the arts or outstanding achievement in the industry of motion picture or television.

O1 Visa Qualifying Criteria

To qualify for an O1 visa, you must meet the following criteria, depending on your field of expertise:

• For science, education, business or athletics: You must have expertise that distinguishes you from others in the field. In other words, you must be one of the “top” percentages.
• For figures in the field of arts: You need to be distinguished in the field of arts and have higher achievements than most. For example, you should be a renowned, leading, or well-known figure in the field – someone who has.
• For figures in the motion picture or television industry: You need distinction – for example, being recognized as someone with a higher degree of skill than others, and who is a leading, notable figure in the field.

Additionally, you must be travelling to the United States to work in your field of expertise for a temporary period of time.

How to Apply for the O1 Visa?

The steps you and your employer must take when applying for an O1 visa are:

1. Your employer files a petition with the USCIS on your behalf.
2. You file Form DS-160. This is the electronic application form that everyone who applies for a US visa has to file.
3. You pay the O1 visa fees.
4. You schedule an appointment for a visa interview with the nearest US mission.
5. Gather the required documents.
6. Attend the interview at the US Embassy or Consulate and submit the documents.

Find the application steps detailed below.

1.  Petition at the USCIS

Your employer or agent in the United States must complete and file Form I-129, Petition for a Nonimmigrant Worker to the USCIS, pay the application fee, and provide the necessary documents. The application fee is $460.

They can submit the application to one of the USCIS Service Centers, in California, Nebraska, Vermont, or Texas a minimum of 45 days before the start date of your employment, but no earlier than 1 year.

After the USCIS reviews the petition, they will give your employer/agent the “notice” of their decision. If the decision is positive, then you can begin the application process.

2.  File Form DS-160

The Form DS-160 is an online application form. You can find it at the Consular Electronic Application Center website.

After you have completed the form, you must print out the Confirmation Page, and then attach it to the document file.

3.  Pay the O1 Visa Fee

Everyone who applies for a US visa must also pay a visa fee. Because the O1 visa is petition-based, the application fee is $190. You can pay the fee online or through a bank, but make sure you save the receipt because you need on the day of the visa appointment.

4.  Schedule an Interview

After you complete the Form DS-160, you have to schedule an appointment at the US Embassy. You can do this online, through ustraveldocs.com if you’re applying from Asia, or ais.usvisa-info.com if you are applying from elsewhere.

5.  Gather the Necessary Documents

You must gather the necessary documents for your O1 visa application in the time between scheduling the interview and the actual date of the appointment. You will need to submit your passport, the visa fee receipt, your employment contract, the notice of decision by the USCIS, proof of your extraordinary abilities in your field, etc.

When applying for an O1 visa, you will need to collect the following documents:

• A written consultation from someone with expertise on your field. It can be a peer group or a labor/management organization, as relevant to your area of expertise.
• A copy of the written work contract. The contract must include a summary of the agreement under which you will be employed.
• A document explaining the activities and events you will participate in. It must include the nature, start and end dates, as well as an itinerary of these activities/events.
• Proof of your extraordinary abilities or achievements. For example, proof you have received an award, published articles relevant to your field, contributed original research to your field, you are a member of a highly distinguished association or organization or have been paid a high salary for your skills and contribution, etc.

Additionally, when you appear at the American Embassy for your appointment and interview, you should have the following documents with you:

• Your passport. It must be valid at the time of application and six months after you intend to depart the United States.
• The DS-160 Form Confirmation Page.
• The interview Appointment Letter
• A picture of yourself which is in line with the requirements set by the US Department of State.
• The I-797 Approval Notice from the United States Citizenship and Immigration Services.
• Poof you have paid the Machine Readable Visa (MRC) fee.

6.  Attend the Interview

On the date of your appointment, you have to hand in your documents as well as attend an interview with the visa officer. They will ask you questions about your qualifications, how long you have worked in your field, why it is necessary to go to the US to further your career, and other questions along these lines. The interview is one of the most important aspects of your visa application.

After it is over, you will have to wait for the visa to be processed, and you will soon hear about a decision.

Can I Get a Green Card With an O1 Visa?

Since the O1 visa is a non-immigrant visa, it does not lead directly to a Green Card. However, what you can do is switch to an EB-1 visa, which is a Green Card for persons with extraordinary abilities in their field.

How Long Does it Take to Process the O1 Visa?

It takes about two to three months for the USCIS to process your O1 visa application. There is also the option of Premium Processing, which will give you an answer in only 15 days, but it costs $1,500 (the price was increased in October 2020 from $1,440). In contrast, the regular processing costs $460.

Can I Bring my Dependents With Me?

Yes, you can bring your dependents with you to the US if you have an O1 or O2 visa. Your family members will have to apply for an O3 visa. The family members who can apply for visa to join you as dependents in the US are:

• Your spouse
• Your child under the age of 21

They can apply at the same time as you or after you have already settled in the United States. The application process is similar to that of your own visa, but there is no petition required at the USCIS.

Your family members cannot work in the US under an O3 visa, but they can undergo studies.

How Long is the O1 Visa Valid?

Initially, the O1 visa is valid for a maximum period of three years. Then, if you need to be in the US longer, your employer or agent will have to submit a new application, along with:

• Form I-129, Petition for a Nonimmigrant Worker
• A copy of your Form I-94, Arrival/Departure Record
• A statement which explains why the extension is required. In the statement, your employer should explain the activity for which you received the visa initially, and that the extension is needed so you can continue to work in the same activity or manner.

If you want to continue working, but with a different employer, your new employer has to file a new petition as well.

What Are the Alternatives to the O1 Visa?

If you do not qualify for the O1 visa, you may have the following alternatives:

• H-1B Specialty Occupation Visa. This is one of the most popular US visas, issued to non-US citizens who will work in specialty occupations, such as engineering, healthcare or computer sciences.
• L-1 Intracompany Transferee Visa. This is the type of visa you need to apply for if you will transfer from a foreign company to a US-based company, where you will have a managerial or executive position, or have specialized knowledge.
• TN Visa. This visa is available to nationals of Mexico and Canada, as part of the United States-Mexico-Canada Agreement, who will work in engineering, finances, law, or other specialty occupations.
• One of the P visas.
  • P-1A Athlete Visa. You can apply for this visa if you are an individual athlete or part of a group or a coach, and are coming to the US to partake in a sports event temporarily.
  • P-1B Entertainment Visa. You can apply for this type of visa if you are an entertainer, coming to the US temporarily for a performance.

The O visas are a group of US non-immigrant visas designed to bring people with extraordinary abilities and high education to work in the US. These visas target those people with talents in various fields, their assistants, and families. The O visas are divided in these categories:

• O1 visa –  is a visa for those who show expert knowledge in science, business, education, athletics, or art.
• O2 visa –  is designed for the personnel or assisting people of the O1 visa holders
• O3 visa –  is a visa for the spouses and children of O1 and O2 visa holders

This article will focus on the O2 visa, its types and requirements, application process, and other details which will be useful to those who are considering applying.

What is the O2 Visa?

The O2 visa is a nonimmigrant visa for the assisting staff of the O1 visa holders. Only those who work in TV, film, and athletics are allowed to bring their personnel. Those who have O1 visas in education, business, or science are not entitled to bringing their staff with them.

The US institutions recognize that those who hold an O1 visa are exceptionally talented. Their talent requires them to hire additional people who are critical to their success. This means that their personnel and assistants are highly valuable and need to accompany them. So if a person who is getting either an O1A or O1B visa wants to bring their personnel to the US to assist them, they can do so by having the O2 visa approved for them.

The O2 visa is directly related to the O1 visa counterpart. The O1 visa holder must have a job in the US, so that employer will have to sponsor both the O1 person as well as the staff with an O2 visa. This means that both the O1 and O2 visa holders will be employees in the US.

Besides working for the O1 visa holder and assisting them, the O2 visa holder is also allowed to enroll in part time study in the US.

What are the requirements for the O2 visa?

To qualify for the O2 visa, you as the assistant of the O1 visa holder in athletics, film, or television, must fulfill a few eligibility criteria:

• You must be a critical member of the performance or work of the O1 visa holder
• You must have the skills and experience which the O1 visa holder’s performance or work requires, which cannot be found in other workers
• You must only work with people who have a valid O1 visa and not in other jobs, even if they are related to your skills and experience
• Prove that you intend to only work in the US and that you have a residence in another country, so you have ties to your home country

How to apply for the O2 visa?

To apply for the O2 visa, there are several steps that both the US employer (not the O1 visa holder) and the applicant (assistant of O1 visa holder) must go through. The first part of the application process has to be completed by the US employer, and then the applicant can file their application at a US Embassy in their home country.

The O2 visa application must start from the employer, so you as the applicant cannot begin it.

File the employment petition

The US employer who is hiring the O1 and the O2 visa holder must file a petition to begin the process of the visa. For the O2 visa holder, the employer must send a completed Form I-129, Application for Nonimmigrant Worker to the US Citizenship and Immigration Services (USCIS). This form will ensure that you as the O2 visa holder can work in the US and assist the O1 person with their work.

The Form I-129 must be sent to USCIS at least 45 days, but no more than 6 months before your employment begins. There is a fee for filing this employment petition which is determined by USCIS and varies year by year. The employer is responsible for this fee and any other fees associated with petitioning.

Besides the Form I-129, the employer must also send proof that you are a critical employee in the work of the O1 visa holder and that you have the necessary skills and experience. To prove that, they must submit the following:

• An opinion letter from a certified labor organization, peer group, or management organization. This opinion letter is gathered to ensure that you as the O2 visa applicant are qualified to work in that position and that there are no available employees in the US who can fulfill that role. This means that the letter must contain a statement saying that your skills and experience are so critical to the O1 visa holder’s work that there are no available US employees who can take your place. It must describe those skills and experience and your relationship with the O1 visa holder. The only exemptions to the rule of the opinion letter are those applicants whose work does not have an appropriate labor organization, peer group, or management organization available in the US.
• Contract between you and the O1 visa holder. The contracts will be more acceptable if they are written, but they can also be oral. In case of oral agreements, only a summary of the main points needs to be submitted
• Description of the work you will be doing with the O1 visa holder. The description must contain the dates of the work, any events, and other details.

After the employer has sent the petition and the supporting documents to USCIS, there will be a period of review. USCIS will then issue a decision on whether they accept or deny your petition. If they approve it, you and your employer will get Form I-797, Notice of Action. When you get this form, it means that you as the applicant can start the procedure at a US Embassy in your country of residence.

File Form DS-160

Form DS-160, Online Nonimmigrant Visa Application is used for all US nonimmigrant visas. The online form will have questions regarding your background and your intent of visiting the US. After you complete it, you will get a confirmation page and code, which you have to attach to your documents for sending to the Embassy.

Pay the visa fee

The application fee for the O2 visa is $190. This fee and any other related fees which might apply depending on your country of residence must be paid before you continue with your application. You must get the receipts which prove you have paid your fees and bring them to the Embassy.

Schedule your visa interview

All visa applicants for US nonimmigrant visas must go through an interview if they are between 14 and 79 years old. The interview will be at the US Embassy you are applying for with an official. To have this interview, you must first schedule it. Try to schedule it as soon as possible since Embassies might have high workloads and you could end up waiting too long to complete this step. When you schedule your interview, you will get an interview confirmation letter, which you must bring with you to the day of the interview.

Gather necessary documents

Compile a file with necessary documents to prove your case. This file includes:

• Your valid passport
• A photograph according to the Photo Requirements for US visa
• The DS-160 confirmation code
• The visa interview letter
• The receipts that you have paid all fees
• The Form I-797
• Proof of a contract with the O1 visa holder and previous contracts with them
• Proof of your skills and experience related to the work of the O1 visa holder
• Proof that you have strong ties to your home country and you intend to return once your contract and visa expire. This could be a property deed or apartment lease.
• If you are planning to bring your family, you must submit proof of your relationship to them (marriage certificate for your spouse and birth certificates for your children).

Attend your interview

The last step is to attend your scheduled interview at the Embassy. The official will go through your document file, as well as ask you questions about why you are going to the US and background questions too. You must answer completely, and you must also try to show that you will return to your home country after your work is done.

What is the O2 visa processing time?

The O2 visa processing time varies from country to country depending on the Embassy workloads. A standard time for the O group of visas is 2 to 3 months of processing time. If you want your visa processed faster, you can choose to pay for premium processing which costs $1,225. The premium processing means that you will get a response on whether you get the visa or not in 2 weeks.

How long is the O2 visa valid?

The O2 visa validity is directly tied to the O1 visa. This means that your initial approval will be for 3 years of work in the US. However, if the O1 visa holder has more work and needs you to stay, you can apply for an extension. USCIS offers unlimited extensions of 1 year increments for O2 visa holders.

If while you are in the US, you find another employer where you can assist another O1 visa holder with their work, you can switch employers. Your new employer must file a new petition for you at USCIS. Additionally, if you want to work for more than one employer, each one must file a petition.

Can I get a Green Card with an O2 visa?

Since during your application time, you were required to hand in proof of strong ties to your home country and state that you will return once your work is done, it is very difficult to get a Green Card. The only way through which you can gain permanent residence is if you change your visa from an O2 to a dual intent visa, such as the H-1B visa. With that visa you can then apply for the Green Card. Otherwise, it is close to impossible to get a Green Card with an O2 visa.

Can I bring my dependents with an O2 visa?

All O2 visa holders are allowed to bring their dependents with them to the US. Dependents are the spouse and unmarried children under 21 years old. They will get an O3 visa to stay in the US for as long as the O2 visa holder will stay. Applications for the O3 visa can be made at the same time as the O2 visa application or afterwards. With an O3 visa, your dependents can study in the US, but are not allowed to work.

The group of O visas is made up of three types of US non-immigrant visas allowing people to go to the US to work. What makes the O visas very demanded is that they allow only people who have extraordinary abilities to stay in the US for employment. Extraordinary abilities mean that those who get this visa have talents, skills, and education that are not easily found.

To get one of the types of O visas, you must prove your abilities and talents, as well as have a valid job offer in the US from an employer. There are three types of O visas:

• O-1 visa: is designed for those who show expert knowledge in science, business, education, athletics, or art, including international recognition for their work
• O-2 visa: is designed for the personnel or assisting people of the O-1 visa holders
• O-3 visa: is designed for the spouses and children of O-1 and O-2 visa holders

This article will focus on the O-3 visa, its details on eligibility, application, and other relevant information.

What is the O-3 visa?

People who go to the US to work with an O-1 or an O-2 visa will be staying there for a minimum of 3 years. Many of them have families, spouses and children that they will be apart from during that period. That is why the US institutions created the O-3 visa, which allows the families of O-1 and O-2 visa holders to come to the US and stay with them.

However, not every member of the family qualifies for this visa. Only the spouse and unmarried children of an O-1 or O-2 visa holder can apply for the O-3 visa and be allowed to travel to the US. Many O visa holders want to also bring parents or other close relatives, but that is not possible and will not be allowed under the US visa rules.

With the O-3 visa, spouses and children of O-1 and O-2 visa holders can live in the US as long as their principal visa person is there. They can travel in and out of the US as many times as they want and will not have problems entering the country again. During the time that they are in the US, they can open bank accounts, get a driver’s license, and are not prohibited in living a normal life. Additionally, if the spouse or children want to get an American education, they can enroll in full or part time studies in the US.

The only restriction that O-3 visa holders have is that they are not allowed to work in the US. This means that they cannot get a Social Security Number (SSN) and even if they are able to find a job, are not allowed to legally work. If an O-3 visa holder is found working illegally, their visa as well as the principal visa holder (O-1 or O-2 visa holder) are at risk for deportation and may have problems getting visas for the US in the future.

Another important detail about the O-3 visa is that it is directly tied to the principal O-1 or O-2 visas. This means that O-3 visa holders cannot stay in the US longer than the principal visas, and they cannot apply for permanent residence without the principal person applying too.

What are the requirements for the O-3 visa?

The requirements to be eligible for the O-3 visa are as follows:

• Your spouse or parent must have an approved and valid O-1 or O-2 visa
• You must be the principal visa holder’s spouse or unmarried child under 21 years old
• You must be able to prove your relationship to the principal visa holder

Besides these requirements, there are no other specific conditions that O-3 visa applicants must fulfill. The most important condition in this case is that they must be able to prove that they are the spouse or child of the O-1 or O-2 visa holder.

How to apply for the O-3 visa?

To apply for the O-3 visa, there are several steps that you have to follow. You can apply together with the O-1 or O-2 principal visa holder or after they have gotten their visa. If you do not apply together, you must wait until the US Embassy gives your spouse or parent their O-1 or O-2 visa and then begin the application process. You must also apply at a US Embassy where you live.

Complete Form DS-160

Form DS-160, Online Nonimmigrant Visa Application is the standard form that all non-immigrant applicants must fill. It can be found online and will ask you to provide personal information as well as the purpose of your visit. You must fill all the necessary spaces with accurate information and then submit the form. When you submit the form, it will generate a confirmation page and code which you will need to have with you in your document file.

Pay the visa fees

The visa application fee for the O-3 visa is $190. You must pay this fee in order to continue your application and for it to be processed further. In addition to the visa application fees, other fees might apply depending on the relationship of your country with the US. These are called issuance fees and the amount depends on your country of residence. After you have paid all the necessary fees, you must get receipts to prove you have completed them and attach them to your document file.

Schedule your visa interview

All visa applicants between 14 and 79 years old for the US must go through an interview process. The interviews are done at the US Embassy where you are applying and must be scheduled. Since US Embassies might have high workloads, you could end up having a long wait time. That is why it is important to schedule your visa interview as early as possible. If you are applying with the principal visa holder (O-1 or O-2 visa applicant), then you can schedule the interview together at the same time. Otherwise, you must schedule your own interview. After you have done this, you will get an interview confirmation letter which you need to bring on the day of your interview.

Prepare your document file

When you go in for your interview, you must have a file with documents to support your case. It is your chance to show the US Embassy why you should be given the O-3 visa. For this visa, you must have the following documents:

• Your valid passport
• One photograph which follows the US Visa Photo Requirements
• Your Form DS-160 confirmation page
• Receipts that you have paid your fees
• The interview confirmation letter
• The O-1 or O-2 visa holder’s Form I-797
• The O-1 or O-2 visa holder’s copy of passport
• The O-1 or O-2 visa holder’s copy of the visa
• Proof of your relationship with the O-1 or O-2 visa holder
  • If you are the spouse, then you need a valid marriage certificate
  • For children, you must submit a valid birth certificate

Attend the visa interview

For the visa interview, you must bring your documents file and you will be interviewed by an official at the US Embassy where you have applied. You will be asked questions regarding your background, education, and purpose of visit to the US. You must emphasize your relationship with the primary O-1 or O-2 visa holder. If your spouse or parent has an O-2 visa, you must also establish ties to your home country to prove that after your visa expires, you will return.

How long is the O-3 visa processing time?

The usual processing times for the O group of visas is two to three months. After the processing time, you will be notified whether you were given the visa or not. It is not encouraged for you to make travelling arrangements, such as purchasing place tickets before you are absolutely sure that you have been approved for the visa.

How long is the O-3 visa valid?

Since the O-3 visa is a dependents visa, you are completely tied to the principal visa holder, so either the O-1 or O-2 visa holder. Since O-1 and O-2 visas are initially issued for 3 years, the validity of your O-3 visa will be 3 years.

If the principal visa holder applies for an extension, you can also do the same by filing Form I-539, Application to Extend/Change Nonimmigrant Status. Extensions are given in one year increments and there is no limit on how many times you can apply.

If you want to work in the US, you can try to change your status to a visa that allows you to work. This means that if you find a job in the US, you can apply to change your O-3 visa status to a different one, such as the H-1B visa. If your change of status is approved, you will not be tied to the principal visa holder, but can work in the US according to the rules of the other visa.

Can I get a Green Card with an O-3 visa?

Whether you can get permanent residence in the US with an O-3 visa depends on what type of O visa the principal person has. If the principal visa holder has an O-1 visa, then you can all apply for a Green Card. The O-1 visa holder qualifies for the EB-1 Green Card for extraordinary talents, and if they are approved, so is their family, meaning the spouse and unmarried children under 21 years old.

However, if the principal visa holder has an O-2 visa, then you have been asked to establish ties to your home country and return once your visa expires. This means that neither the O-2 visa holder, nor you as their dependent with an O-3 visa are allowed to apply for a Green Card. To get the Green Card, you must change your status to a visa which allows dual intent, such as the H-1B visa.

To promote the diversity of people in entertainment, sports, performances, and culture, the US government designed a specific US non-immigrant visa. The P visa encourages internationally recognized athletes, entertainment groups, performers, and cultural coaches to come to the US. They would have to be able to get a US sponsor to ensure their visit and dates of performances.

What is the P1 Visa?

The P1 visa is issued to athletes who are individuals or in a team to participate in various athletic programs in the US and to promote themselves or their team and sport. Additionally, it is also designed for entertainers, whether they are individuals or in a group to participate in various entertainment programs, competitions, or other activities. Entertainment groups could, for example, be the circus.

Since there are two groups of people targeted by the P1 visa, it is divided in two visas:

• P1A visa – is the visa for internationally recognized athletes or athletic team
• P1B visa – is the visa for individuals or members of an internationally recognized entertainment group

The common rules for these two types of visas are that if a team of athletes or group of entertainers is applying, the team must have two or more members. Musical bands for example, which have one solo artist and other supporting musicians qualify.

The group must have been formed at least one year ago, and ¾ of the team must have been part of it for at least one year. Teams which have been very recently formed are difficult to qualify, and difficult to prove their recognition.

All individual and group athletes and entertainers must have been nationally or internationally recognized to qualify for the P1A or the P1B visa. They can go to the US to compete for prize money or awards. Additionally, if there are staff members or essential personnel which is necessary for the performances of the athletes or entertainers, they can also obtain a P1 visa.

The P1 visa allows its holders to participate in athletic seasons, entertainment events, tours, sports tournaments and other projects. They can also engage in part time study while they are in the US. However, one restriction is for those who are in a team. Athletes or entertainers in a group cannot perform individually while in the US. If you get a P1 visa to perform with your team, then all performances must be with them and not alone.

P1 visa Eligibility Requirements

Since the P1 visa is an umbrella for the P1A and P1B visa, there are different requirements for them to be eligible. For the athletes applying for a P1A visa, two of the following conditions must be fulfilled:

• Athletes must have participated in a major US sports league
• Athletes must have participated in a US college, university, or intercollegiate sports league
• Athletes must have participated in a national or international level competition or event
• Athletes must have been nationally or internationally ranked in a high position
• Athletes must have obtained a national or international award for their excellence

As for the P1B visa or internationally recognized entertainment group, the following conditions must be fulfilled:

• The entertainer or group has had major success in ratings, records, videos sales, or box offices sales
• The entertainer or group has achievements outlined in trade journals or major newspapers
• The entertainer or group has recognition from critics, government agencies, or other field experts who can testify to the individual’s or group’s achievements
• The entertainer or group has a high salary and good compensation from the activities that they do

How to Apply for the P1 Visa?

The application for the P1 visa, for either the athletes or the entertainers follows similar patterns. The athletes or entertainers cannot start the application themselves. They must be sponsored by a US employer or organization to go to the US to perform or compete. Therefore, the first step is for the US employer or sponsor to petition to the US Citizenship and Immigration Services (USCIS) and get approval.

Filing the petition

The US employer or sponsor must file Form I-129, Petition for Nonimmigrant Worker to USCIS to get permission for the athletes or the entertainers to apply for the P1 visa. The petition must be filed no more than 6 months before the scheduled performance and a fee of $695 (starting from October 2, 2020) per petition must be paid. If the US employer is petitioning for a team of athletes or entertainers, they can file a group petition, instead of individual petitions for each member.

Besides the main Form I-129 petition, the US employer must also submit documentation and evidence. For the P1A visa or the athletic visa, these documents must be filed:

• Proof of consultation with a labor organization
• An itinerary of events or performances with dates and durations for each event
• Contracts with US sports leagues or teams
• Evidence of eligibility that the individual athlete or the team is nationally or internationally recognized as outlined in the requirements section

For the P1B visa or the individual entertainer or entertainment group, the petition must be accompanied by these documents:

• Consultation with an appropriate labor organization
• Contracts of the group with the sponsors or oral agreement summaries
• Itinerary with events and performances including dates and durations of each event
• Proof of the group’s age (more than 1 year since it was established) and each person’s membership or employment in the group
• Proof that the individual or group of entertainers is eligible for the visa and has achieved national or international recognition as outlined in the requirements section

After the US sponsors or employers hand in the petition to USCIS, it will take 2 to 8 weeks for it to process. If the petition is approved, USCIS will notify the US sponsors and the athletes or entertainers by sending in Form I-797, Notice of Action. Only after they have sent the approval, can the athletes or entertainers start their visa application at a US Embassy where they live.

Fill in Form DS-160

Form DS-160, Online Nonimmigrant Visa Application is the usual form for nonimmigrant visa applicants. It will have questions on your personal information, background, as well as purpose of visit to the US. When you submit it, you will get a confirmation page and code which you need for your document file.

Pay the application fee

The visa application fee for all the P visas is $190. You must pay this fee to be able to continue with the rest of the application steps. Besides the application fee, other fees may apply depending on the relationship of your country and the US, called visa issuance fees. The amount is different from country to country. After you have paid the fees, you must save the receipts and attach them to the documents file.

Schedule your visa interview

All applicants for US nonimmigrant visas between 14 and 79 years old must have an interview with the US Embassy. Due to their high workload, it is advisable to schedule the interview as soon as possible. When you schedule your visa interview, you will receive an interview confirmation letter which you need to bring with you on the day of the interview.

Prepare you document file

You must have your complete document file with you when you apply for the P1 visa.

To apply for a P1 visa there is a file of documents that the applicant is required to submit. Besides the standard required documents for any US non immigrant visa, the file for a P1 visa application must also contain these documents:

• Your approved petition with the Form I-797
• Letter from your employer outlining the details of your performance and events
• Contract with your employer or sponsor
• Proof that you as an individual or member of a team of athletes or entertainers are nationally or internationally recognized
• If you are bringing your dependents with you on a P-4 visa, you must have a valid marriage certificate for your spouse or birth certificates for your children

Attend the interview

The visa interview will be conducted by a US Embassy official. You must go on time and bring your documents. The interviewer will ask questions about your background and intent for going to the US. You must provide accurate information, since if the official suspects that you are not giving them any details, they will deny your visa.

How Long is the P1 Visa Processing Time?

The P1 visa has a processing time of between 3 to 6 months. It is a long wait, but the US institutions offer the opportunity to pay for premium processing. If you choose to have premium processing on your visa, you must pay an additional $1,225 and you will get the response for your visa within 15 days. If the US institutions do not notify you of your visa status within 15 days, your money is reimbursed.

How Long is the P1 Visa Valid?

Depending on who you are with a P1 visa, there are different validities and conditions for extension. If you are an individual athlete, your visa may be granted to you for a maximum of 5 years. After that, you and the employer can petition to extend that period of stay for an additional 5 years. When this period expires, you must return to your home country.

For a team of athletes, the maximum time that the visa is initially given is 1 year. The visa for the team can be extended for an additional 1-year increment. For essential personnel, the initial validity is 1 year, but they may extend for an additional 5 years for a maximum stay of 10 years.

As for entertainers of entertainment groups, they will be given a visa for a maximum period of 1 year, and extensions are available in 1 year increments until the performance is completed.

Those who have the P1 visa are eligible to work for more than one employer, however, each employer must file a separate petition. Additionally, if the individual or team want to change employers or sponsors, the new employer or sponsor must file a new petition.

Can I Get a Green Card With a P1 Visa?

Getting permanent residence with any of the P visas is difficult. During your application, you will have to declare your intention to return to your home country once your visa expires. However, if you marry in the US, have family, or change your status to a H-1B visa, you are allowed to apply for a Green Card, you might be able to get it. Additionally, if you are an athlete with extraordinary or exceptional abilities, you can apply for an EB-1 or EB-2 Green Card.

Can I bring my dependents with a P1 visa?

All those who have P1, P2, and P3 visas are eligible to bring their dependents with them to the US. The spouse and unmarried children under 21 years old qualify as dependents. They will have to apply at the same time or after the principal P1, P2, or P3 visa holder has gotten their visa. They must apply for a P4 visa. This visa will allow them to study and live in the US, but not to work.

Differences with the P2 visa

The P2 visa is a visa for entertainers and artists going to the US under a reciprocal exchange program. This program must be initiated by an organization in the US or any US or foreign governmental organization.

The conditions and application process is similar to the P1 visa, except that for the petition the US employer or sponsor must submit these documents:

• A copy of the agreement establishing the reciprocal exchange program
• Proof that a labor organization in the US was part of the negotiations for this program
• Proof that the artists/entertainers being exchanged in the program have similar skills and similar employment conditions

Differences with the P3 visa

The P3 visa is for those developing, representing, interpreting, or coaching individuals or groups in a traditional or unique cultural performance. The application process and conditions are as those for the P1 visa, except that the documents that the US employer or sponsor must submit for the petition are these:

• Proof that the performance being presented or taught is culturally unique
• Evidence that the coach or performer has the skills for this culturally unique event

The R1 visa is for religious workers who want to work in a religious organization in the United States for a maximum period of 5 years. The organization must be registered as either a non-profit organization in the US, a religious organization that is tied to any religious denomination in the US, or a religious organization which has a group tax exemption.

Religious workers who meet the eligibility criteria and complete the application process are allowed to work in the US in their profession.

Additionally, not all religious workers can work in the US in these organizations. Only ministers and those who are directly tied to the religious work are qualified. Administrative and clerical workers or any support personnel cannot apply for the R-1 visa and must go through applying for other applicable visas.

Those who get the R-1 visa are allowed to live and work in the US for the duration of their visa. They can open bank accounts, get a driver’s license, as well as take advantage of studying opportunities. So they can enroll in part or full time study. They can travel in and out of the US, and the time that they are outside the country does not count as part of their total visa time.

There are also some workers who will work part time in the US in religious positions. They are not prohibited from that and can also work in other countries, while travelling to the US for various periods of time to fulfill their work duties. This means that if you get the R-1 visa, you are not required to stay in the US for the whole time that your visa is valid, but you can also go work in other countries.

There is also no cap on the number of R-1 visas that can be issued, so anyone who fulfills the requirements can take advantage of this visa to work in their vocational occupation.

What are the requirements for the R-1 visa?

There are various requirements for those who want to get the R-1 visa as religious workers. This is due to the fact that there are various religions in the world and not all of them could be widespread and established in the US. Because of that, there are requirements both for the person applying for the R-1 visa, as well as for the organization that hires the applicant.

The person who is applying for the R-1 visa must fulfill the following conditions:

• Be a member of a religion for the past two years
• The religion must have a non-profit organization in the US
• Find a job in the non-profit religious organization, or an organization affiliated with the religion
• The applicant must be a minister or a person working directly in the religious occupation
• The applicant must commit to working at least 20 hours per week (part-time)
• The applicant must not work in other positions except in their religious capacity

As for the non-profit organization, it must be either one of the registered organizations in the US.

• A non-profit religious organization with its own Internal Revenue Service letter of 501(c)(3)
• A non-profit religious organization with a group tax exemption
• A non-profit organization affiliated with a religion which has tax exemptions under 501(c)(3) rules or other IRS codes that does not make it a religious organization by definition

If both the applicant and the organization hiring the person fulfill the criteria, then the application process can begin. However, since there are many religions in the world, the US institutions have seen it fit to define what it means to be in a religion and be eligible to apply for the R-1 visa.

A religion, or religious denomination is formed by a community of people who believe and are governed by rules of an ecclesiastical government. They also have these characteristics:

• Worship similarly
• Have a shared faith amongst their members
• Perform similar rituals, services, and ceremonies
• Have a shared code of discipline and doctrine
• Have organizations that are religious
• Have a shared place of worship

How to apply for the R-1 visa?

To apply for the R-1 visa, you as the applicant and your employer must follow several steps. First of all, the applicant cannot start the application process, but the employer must do that. This can be done by petitioning the US Citizenships and Immigration Services (USCIS) to allow the employee (applicant for R-1 visa) to work in the US

File the petition

The petition can be filed by filling in Form I-129, Petition for Nonimmigrant Worker. This petition will cost $460 which must be paid by the employer or organization. However, in addition to the form, the organization must attach other documents to prove their eligibility and the applicant’s eligibility:

• If the organization is a religious one as per the IRS 501(c)(3), they must submit a letter from the IRS proving they are tax exempt
• If the organization is group tax exempt, they must submit a letter from the IRS proving their status
• If the organization has a religious affiliation but is not defined as a religious organization, it must submit these documents:
  • Letter from IRS proving they are tax exempt
  • Proof that they have a religious affiliation
  • Proof that they have a religious purpose and description of their activities
  • A letter from another religious organization stating that the petitioning organization has a religious affiliation
• Proof that they compensate religious workers with a salary or in-kind benefits such as:
  • Past documents showing the compensation of religious workers in similar positions
  • Proof that they will provide accommodation to the worker
  • Budget documents which show planned expenses for salaries or in-kind benefits

As for the applicant, the organization submitting the petition must provide these documents to establish eligibility:

• The applicant’s tax returns in the US or if not applicable, comparable documents
• If the employee will not be paid, provide proof that they have the means to support themselves temporarily
• Proof that the applicant is affiliated with the religion and has been so for the past two years

After the organization employing the applicant has submitted the petition, they must wait for it to be processed by USCIS. There may be additional proof requested, and in many cases, USCIS might ask for a visit to the premises to establish the relationship of the organization with the religion. If afterwards USCIS approves the petition, they will send the organization and the applicant Form I-797, Notice of Action. When this document is obtained, the applicant can then begin the application process at a US Embassy or Consulate in their place of residence.

Fill in Form DS-160

Form DS-160, Online Nonimmigrant Visa Application is the form which must be filled in by all applicants of non-immigrant visas. It will have questions regarding your personal information, background, and purpose of visit to the US. When you complete the form and submit it, you will get a confirmation page and code which you need to have in your documentation file.

Pay the fees

The visa application fee for the R-1 visa is $190. This fee must be paid in order to continue with your application. Also, other fees might apply depending on the relationship of your country with the US. These fees are called visa issuance fees and may vary from country to country. After you have completed all your payments, you must keep the receipts as proof and attach them to your document file.

Schedule your visa interview

All nonimmigrant visa applicants between 14 and 79 years old must attend a visa interview with an official at the US Embassy. To complete this requirement, you must schedule the interview. Since the US Embassy where you are applying from might have a high workload, it is best to schedule the interview as early as possible to avoid long wait times. When you complete your scheduling, you will get a visa interview confirmation letter, which you need to bring with you to your interview.

Prepare your document file

Your documents file must contain necessary proof to establish your intent for going to the US. It must contain these documents:

• Your valid passport
• One photograph following the USA visa Photo Requirements
• The Form DS-160 confirmation page
• Receipts proving you have paid all fees
• The visa interview appointment letter
• Your Form I-797 to prove that your petition has been approved
• Proof of your eligibility for the R-1 visa:
  • Evidence that you have belonged to the religion for the past 2 years
  • Recommendation letters from other religious affiliations you have had
• Contract with your US employer
• Educational qualifications that prove you have the right to work in a religious position (such as a minister)
• Proof of financial support or that the employer will compensate you

Attend the visa interview

Have the documents with you and be on time for your interview. The official will ask you questions about your background, your plans, and your purpose for visiting the US. You must give as much detail as possible to convince them that you will have employment and compensation in the US.

How long is the R-1 visa processing time?

It takes some time to get the R-1 visa approved. After the employer sends in the petition, it takes around 6 months for USCIS to respond, due to the fact that they might have to visit the premises of the organization. If USCIS has visited the organization before and approved them, then premium processing is available for an extra $1,225 fee. With premium processing, you will get a response on your visa in about 2 weeks.

If you do not have premium processing, after USCIS approves the petition, it might take another 2 to 3 months for the visa to process. So in total, the R-1 visa processing time could be 8 to 9 months without premium processing.

How long is the R-1 visa valid?

The initial period that your R-1 visa will be valid for is 30 months. During those 30 months you can stay and work in the US as a religious worker. Afterwards, you can apply for an extension and if approved, it will give you an additional 30 months in the US. USCIS will not give you any more extensions beyond 60 months. When you have stayed in the US for that maximum period of time, you can either return to your home country or seek permanent residence.

Can I get a Green Card with an R-1 visa?

You can get permanent residence if you have the R-1 visa. This can be done by usual methods of marriage, family, or changing your status to a dual intent visa such as the H-1B visa. However, other methods include applying for the EB-4 Green Card, which allows religious workers to get permanent residence in the US.

Can I bring my dependents with an R-1 visa?

Your spouse and unmarried children under 21 years old qualify as your dependents. They may accompany you to the US by applying for an R-2 visa. They can apply at the same time as you or after you have a valid R-1 visa. You must submit a valid marriage certificate and birth certificates to prove your relationship to them.

With an R-2 visa, your dependents can stay with you for as long as your R-1 visa is valid, and get a Green Card if you are approved for one. They may engage in part or full time studies, but are not allowed to work with the R-2 visa.

To  create better relationships between countries in America, the US in cooperation with Canada and Mexico created the North American Free Trade Agreement (NAFTA). This agreement, besides its economic and trade benefits, also has travelling and working advantages on a NAFTA visa. More specifically, the US created the Treaty National Professionals Visa or the TN Visa to allow citizens of Canada and Mexico to live and work in the US temporarily.

What is TN Visa?

The TN Visa is a US non-immigrant visa, so those who get it have to return to their home countries upon its expiration. It allows only citizens of Canada and Mexico, not permanent residents to work in the US if they find a job beforehand. The agreement specifies the types of TN visa jobs and occupations that visa holders are allowed to engage in. There are around 63 occupations for which Canadians and Mexicans qualify to work on. These include lawyers, scientists, engineers, teachers, etc. To check whether you qualify in any of the professions, visit the NAFTA website.

The TN Visa USA is quite similar to the H-1B visa; however, there are a few differences. First, the TN does not require employers to have a Labor Condition Application (LCA) from the Department of Labor. This means that there are no specific conditions on the work environment or requirements for a prevailing wage which the US sets. This is up to the agreement of the employer and employee.

Second, there is not need for sponsoring. This makes the fees for the employer and employee very low. The employer does not have to pay the listed fees as in the H-1B visa, except for the Form I-129 petition fee and premium processing fee of $1,225.

And third, there are no caps to the TN visa. Whereas the H-1B visa has a cap of 65,000 people who are allowed to go to the US with that visa, the TN visa does not have a limit. This means that any citizen of Canada or Mexico who fulfills the requirements can get the TN visa.

There are two types of TN visa based on nationality:

• TN-1 is the visa for citizens of Canada
• TN-2 is the visa for citizens of Mexico

Requirements for TN visa

There are certain requirements to be eligible to get a TN visa. The requirements are general, educational and work experience, and there are specific requirements for health care workers.

General requirements

The general requirements for people to qualify for the TN visa are:

• Applicants must be citizens of Canada or Mexico
• Their occupation must be on the NAFTA list
• They must have a full time or part time job offer from an employer in the US
• The job offer should be specified to require a NAFTA professional
• The applicant must meet all educational and experience requirements
• The applicant must demonstrate intent to return home after their visa expires

Educational and Experience Requirements

The educational requirements can be found in the NAFTA occupations list. Most of them require at least a Bachelor’s Degree.  If your degree is from outside of the US, then you will need to notarize and verify it for it to be accepted in the US. The degree cannot be substituted with work experience.

In addition, a lot of them require at least three years of experience, which cannot be substituted with more educational degrees. To prove your work experience, you must submit letters from past employers which verify you have worked at that place of employment and details about your job.

For professions requiring licensing, you can choose not submit proof of your license initially; however, you will have to provide the relevant US departments with your license in case you choose to work in the US in that specific profession. This includes mostly health care professions.

Healthcare Certifications

Those who want to work in healthcare in the US must meet certification requirements. The certification is necessary to verify that the person has completed all training and degrees, and has enough experience required by the US health care system. In addition, it verifies that the person has an acceptable proficiency in English and whether they possess a license or not. The TN visa occupations which require this certification are:

• Registered Nurses
• Physical Therapists
• Occupational Therapists
• Medical Technologists

The certification is not necessary for physicians and for non-clinical health care work. Those who want to get this certification can do so at these organizations:

• The Commission on Graduates of Foreign Nursing School (CGFNS)
• The National Board for Certification in Occupational Therapy (NBCOT)
• The Foreign Credentialing Commission on Physical Therapy (FCCPT)

After you get the certification, it will be valid for 5 years, and afterwards it must be renewed.

TN-1 Visa

The TN-1 Visa is designed for Canadian citizens to work in the US as NAFTA professionals. In general, Canadian citizens do not need a visa to enter the US so after they find a job, they can choose not to apply for the TN visa. Instead, they will get the TN qualifications at specific Port of Entries of US airports or in Pre-Flight Inspection Offices. To be admitted into the country on a TN visa at the Port of Entry or the Pre-Flight Inspection, Canadian citizens must show these documents:

• Proof of your Canadian citizenship
• Proof that you have employment in the US, such as the name of the company, your job positions, your length of employment, educational qualifications, and job description
• If going through the Port of Entry, pay $56
• If going through Pre-Flight Inspection, pay $50

If you choose to get a TN visa before you enter the US, your employer must submit a Form I-129, Petition for Nonimmigrant Worker to the US Citizenship and Immigration Services (USCIS) for $460. Keep in mind that the processing from USCIS will take a few months, but Premium Processing is available for an additional $1,225.

Then at the Port of Entry in the US you can show proof of your citizenship and your approved Form I-129.

TN-2 Visa

The TN-2 visa is for Mexican citizens that want to work in the US as NAFTA professionals. In comparison to Canadian citizens, those from Mexico are required to apply for a TN visa at US Embassies and cannot simply get the qualification at US port of entries.

Application for TN Visa

To apply for the TN visa, you need to follow these steps:

• File Form DS-160 online and get the confirmation page and code
• Pay the visa application fee of $160 (for Mexican citizens only) and any other applicable fees
• Schedule your visa interview and get the interview confirmation letter
• Submit a file with these documents:
  • A valid passport for more than 6 months after your stay in the US is completed
  • The DS-160 confirmation page
  • One US Visa photograph
  • Receipts that prove you have paid your fees
  • A letter from your employer which states you have a job in the US with the following details:
    • The occupation in which you will work
    • Job description
    • Contract length
    • Educational and experience qualifications
    • Your financial compensation
    • Any licenses if applicable

Attend your interview where you will be asked about your background, reasons for travelling to the US, and details about your employer.

TN Visa Validity

After you get the TN visa, it is first valid for 3 years Afterwards, there is a possibility to extend it for an additional 3 years indefinitely. This means, that as long as you are employed in the US and can prove ties to your home country in either Canada or Mexico, you are allowed to remain in the US on a TN visa. You can prove strong ties to your home country by submitting bank statements, property deed, apartment lease, or any other document.

In addition, if you find a new employer, you will have to submit a new letter of employment to USCIS to have your new job position approved.

The advantage of the TN visa is that unlike the H-1B visa you do not have a maximum amount of time that you must stay in the US and then leave. The TN visa allows you indefinite extensions. However, if you want to get a Green Card you will run into some problems. The reason is that you already proved strong ties to your home country and stated that you intend to return after your employment is over. If you file for immigration through self-petitioning, marriage, or employment, you might be approved, but you also risk your status of the TN visa.

Restrictions of the TN visa

The TN visa has many advantages, but there are also a few restrictions, such as:

• After your TN visa expires, if you have not extended it, you must depart from the US immediately. There is no grace period which allows you to stay for some period of time after your visa expires until you can make arrangements to return.
• You cannot get a TN visa for a self-owned business or self-employment.
• The TN visa is not of dual intent, which means that if you apply for a Green Card, your nonimmigrant status is at risk.

TN Visa Dependents

Canadian or Mexican citizens who have a TN visa also have the right to bring their dependents with them to the US. Dependents is defined as the spouse of the visa holder and any unmarried children under 21 years old. The visa for dependents is the TD visa.

The TD visa is not necessary for Canadian spouses or children. They can go to a US port of entry and show proof of the TN visa holder’s status and their relationship, such as a marriage or birth certificate. The TD visa is necessary for Mexican spouses and children. They must apply at a US Embassy and get the visa before they can leave for the US to join their spouse or parent.

For both Canadians and Mexicans, the primary TN visa holder must show proof that they are financially able to support the dependents.

The TD visa is only for accompanying the primary TN visa holder. Those with a TD visa are not allowed to work, but can enroll in studies. Their status is completely dependent on the TN visa. This means that they can stay in the US as long as the TN visa is still valid. If the TN visa holder extends their stay, the TD visa dependents are also eligible to file for an extension.

TN Visa Occupations List

There are around 63 professions that the North American Free Trade Agreement (NAFTA) specifies for which Canadians and Mexicans are qualified to work in the US. There are four categories that we have divided these professions into and they are:

• General Professions
• Medical/Allied Professionals
• Scientists
• Teachers

Check below the complete list of these professions:

General Professionss

Medical/Allied Professionals

Scientists

Teachers

Definitions of some of the above mentioned terms

• Post Secondary Diploma means a document issued by an accredited academic institution in Canada or the United States, on completion of two or more years of postsecondary education.
• Post Secondary Certificate means a document issued after the completion of two or more years of postsecondary education at an academic institution. The document has to be issued the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or an academic institution created by federal or state law.
• Business person, as defined in the NAFTA, means a citizen of Canada or Mexico who is engaged in the trade of goods, the provision of services, or the conduct of investment activities.
• Engagement in business activities at a professional level means the performance of prearranged business activities for a United States entity, including an individual. It does not authorize the establishment of a business or practice in the United States in which the professional will be, in substance, self-employed. A professional will be deemed to be self-employed if he or she will be rendering services to a corporation or entity of which the professional is the sole or controlling shareholder or owner.
• Temporary entry, as defined in the NAFTA, means entry without the intent to establish permanent residence. The alien must satisfy the inspecting immigration officer that the proposed stay is temporary. A temporary period has a reasonable, finite end that does not equate to permanent residence. In order to establish that the alien’s entry will be temporary, the alien must demonstrate to the satisfaction of the inspecting immigration officer that his or her work assignment in the United States will end at a predictable time and that he or she will depart upon completion of the assignment.

The E3 visa or the Specialty Occupation Professionals from Australia is a US work visa dedicated to Australian citizens. In 2005, the US and Australia entered into the Australia – US Free Trade Agreement (AUSFTA). Due to that, they created a specialty visa which only highly qualified Australian citizens can get.

Each year, only 10,500 of E3 visas are given by the US to Australians. They are reserved for people who are professionals in a specialty occupation. A specialty occupation is defined as:

• One that requires higher education qualifications such as a Bachelor’s, Master’s or a Doctoral Degree
• One that has a body of specialized knowledge and is practical

This means that only people who have a certain amount of work experience and educational qualifications can get the E3 visa. The work experience can substitute educational qualifications if you have worked for more than 10 years in that occupation. Additionally, if the occupation or profession requires licensing, the applicant must also have the necessary credentials.

Who Can Apply for the E3 Visa?

The US government does not necessarily specify which professions qualify as specialty occupations, but examples of such jobs include:

• business managers.
• engineers.
• mathematicians.
• computer scientists.
• medical practitioners.
• political scientists.
• art related professions.

Do I Qualify for the E3 Visa?

E3 visa applicants must fulfill some criteria and requirements to be eligible to apply for the visa. These requirements are as follows:

• The applicant must be an Australian citizen. Those who have Australian permanent residence do not qualify and cannot apply for the E3 visa
• The applicant must have a job offer in the US.
• The job offer must be in a specialty occupation.
• The applicant must have the educational and job experience qualifications to be a specialty occupation worker.
• The applicant must have the necessary licenses to practice the specialty occupation, if applicable.

If you meet these requirements, then you are eligible to apply for the visa. The visa application will be processed and a response will be given to you. If you get the visa, that does not necessarily guarantee you entry into the US. That is at the discretion of the immigration officials at any US point of entry. If they see fit to not allow you entry into the country, you will be returned to Australia.

How to Apply for the E3 visa?

Applying for the E3 visa requires you and your US employer to go through several steps. The first prerequisite is for you to find a job in the US. You can apply from Australia and have Skype interviews until you find a position that you think is favorable. When you get the offer for your employment and accept it, that is when you and your employer can start the E3 visa application procedure.

Employer Application Steps

Labor Condition Application (LCA)

To be allowed to hire foreign nationals, employers in the US are required to obtain a Labor Condition Application from the US Department of Labor (DOL). The LCA certification ensures that by hiring a foreign national, employers are not negatively affecting the salary and working conditions of US employees. In addition, employers must prove that they could not find a suitable or available US employee for the position.

For the E3 visa, only the LCA is required. Employers are not required to file Form I-129, Petition for Non-immigrant Workers with the US Citizenship and Immigration Services (USCIS).

The LCA certifies that you as the employee will get a fair prevailing salary, which means that you will be paid equally as a US employee would. In addition, it proves that your working conditions will be the same as those of US employees and that you are not being exploited.

Your employer must file ETA Form 9035 to the Department of Labor. The LCA is filed at no cost and takes 5 to 10 business days to be processed. If it is rejected, your employer has the right to appeal and amend the application. However, if the LCA is approved, you as the applicant can now start the application procedure for the E3 visa.

Employee (Australian Citizen) Application Steps

After the US employer gets the LCA, the applicant can begin the process to obtain the E3 visa. The steps are as follows:

File Form DS-160, Nonimmigrant Visa Application

This form will ask you to provide information about you and your intent for going to the US. The form will be used to evaluate your case by the US Embassy. When you complete this form, you will get a confirmation page and code which you will need for later on.

Pay the visa application fees

The application fee for the E3 visa is $205. You must pay this fee and get the receipt which you will need later. There are no other fees which you must pay for this visa since there are no visa issuance or reciprocity fees.

Schedule your visa interview

All applicants between 13 and 80 years old are required to have interviews. It is recommended that you schedule yours as early as possible to avoid long waits due to the US Embassy workload. When you schedule the interview, you will get a visa appointment letter.

Prepare a file with your documents

You will need these documents for the interview to strengthen your application:

• Your valid passport.
• A photograph. Have one photograph that complies to the US Visa Photo Requirements. You will need to upload the photo in the DS-160 form as well as have it with you when you go for your interview.
• The Form DS-160 confirmation page.
• The receipt for your visa application fee payment.
• The visa appointment letter.
• Letter from your employer confirming they have offered you the job and also job description and salary.
• The Form ETA 9035, which proves your employer has LCA certification.
• Your qualifications to prove you are in a specialty occupation such as:
  • Diplomas for your degrees.
  • Certificates or licenses for your profession (if applicable).
  • Letters from previous employers to prove work experience.
• Proof that you intend to return to your home country after your work contract expires, such as:
  • Property deeds.
  • Apartment lease.
• Bank accounts, etc.

Attend your scheduled interview

The interview is one of the most important parts of your application. A US Embassy official will evaluate your case, ask you questions about your character, job in the US, previous work experience and qualifications, as well as intentions to return home. If you hint at the fact that you want to stay in the US permanently, you will put your visa application at risk and it might be denied. So try to prove that you will return to Australia once your work is completed in the US.

What is the Processing Time of the E3 Visa?

After you send in your application to the US Embassy and complete your interview, the Embassy will review your case and send you their decision. If they approve your visa, you will need to send in your passport for stamping, and then you can go to the US and begin your employment.

The time it takes for the Embassy to respond to your case is around 2 months. However, this might take longer as the Embassy might have a bigger workload. If they do not respond within the general time frame, it does not mean that your visa has been rejected.

How Long is the E3 Visa Valid?

When the Department of Labor issues the LCA to your employer, there will be a specific validity to it. Your visa validity will match the LCA validity. If the LCA is valid for 6 months, your visa will be valid for 6 months too. Initially, the E3 visa cannot be valid for more than 24 months or 2 years.

Is It Possible to Renew the E3 Visa?

After the 2 years pass, you can apply for an E3 visa renewal as long as you maintain your eligibility. Your employer must get an LCA with a new validity date and file Form I-129. Additionally, you must file Form I-539, Application to Extend or Change Status. You can renew or extend the E3 visa indefinitely as long as you maintain your intent to return to Australia.

How to Change the Employer or Status?

Additionally, you are eligible to change employers if you find a job that suits you better. Your new employer must file and have a new approved LCA. You must start your new job within 10 days of leaving your previous one. If you do not, then your visa status is at risk.

Also, you can change status if you fulfill the requirements for other visas. If you find an employer willing to sponsor and file an employment petition for you, as well as pay the additional fees, you can change to an H-1B visa status. The H-1B status is limited to a maximum of 10 years, though, while the E3 visa can be renewed indefinitely.

Can I Apply for a Green Card With an E3 Visa?

When you apply for the E3 visa and whenever you renew it, you must prove an intent to return to Australia. That is why going from an E3 visa to a Green Card is challenging. The E3 visa is not dual intent, so it does not allow permanent residence. However, there are ways to obtain the Green Card.

The easiest is to change the status to a dual intent visa. Dual intent visas are H category visas such as the H-1B visa. When you get this visa, you can then apply for the Green Card. Another way is if you have family in the US, you can apply to join them there.

Can I Bring my Dependents With an E3 Visa?

When you go to the US with an E3 visa, you are allowed to bring your dependents with you. Dependents include your spouse and unmarried children under 21 years old. They can apply for their E3D visa at the same time as you, or afterward. To get a visa, they need to prove that there is a relationship. For children, you must submit their birth certificates, while for your spouse, a marriage certificate is required.

Dependents of E3 visa holders are allowed to study in the US, and spouses are also allowed to work. Spouses can start employment by getting an Employment Authorization Document (EAD). They can get the document by filing Form I-765, Employment Authorization. After it is processed and approved, your spouse is allowed to work in any industry and full or part-time.

When you as the primary E3 visa holder get a renewal on your visa, your dependents must also follow the same procedures to apply for an extension to their visas. Additionally, if you obtain a Green Card, your dependents are eligible to get it too.

To support the media and spreading of news all around the world, the US has made a specific visa for this purpose. The visa allows journalists and those who work in the information or media sector to complete their work while in the US. This visa is the I visa.

This article will go through what the I visa is, the eligibility criteria, application process, and other details for it.

What is the I visa?

The I visa is a temporary US visa for all journalists and other media workers who go to the US with the purpose of doing jobs related to the media. This means that they are actively engaged in collecting and disseminating information on current news events in the US. However, they must be employed in a media company or organization which is based outside the US. So the organization must be foreign, and the media workers cannot get an I visa to work for a US company.

Most media related jobs qualify for the I visa; however, to make it more specific, the US has defined who can get this visa, such as:

• A person who works in an independent production company with foreign journalistic credentials. This person must be filming events related to current news or a documentary.
• A person who is producing or distributing film which is related to current news information or is educational. The film must be financed by a company outside the US.
• Journalists with a contract from a foreign media or journalistic company. These journalists must be collecting news that are used to inform and not for commercial purposes.
• Journalists going to the US to collect news information about an event happening in the US. The news information must be targeted to a foreign audience.
• A representative of a bureau of tourism who has valid accreditation. The representative’s company must be partially funded by a foreign government, and the purpose of the visit must be to collect touristic information about the US.
• A person who works in a company which distributes technical industrial information. This person can then work in the US offices of that company.
• Journalistic freelancers who have a valid work contract from a foreign media company. The freelancer must be engaged in any of the above mentioned work, provided that they work to collect and disseminate information.

Those workers who do not qualify under these categories must get a different type of visa, instead of the I visa. Occupations such as a librarian, proofreader, or set designer must apply for temporary US work visas such as H visa, O visa, or P visa.

Additionally, some occupations will require a visitor visa (B-1 visa or B-2 visa) to complete their work, such as:

• Attending conferences, meetings, seminars, or conventions. You must not be in the role of the reporter for such events, but only a participant.
• You will lecture, speak, or engage in an academic activity in a higher education institution. This activity must not last longer than 9 days for one institution, and your payment must not be from more than 5 institutions.
• You will be on vacation or take a trip throughout the US and not report on this trip
• You will conduct independent research
• You will take photographs and not be paid for them from a US company

Also, even though citizens of some countries are part of the Visa Waiver Program, all media workers who will go to the US for informational purposes, must obtain an I visa. This means that if you try to enter the US through the Visa Waiver Program and conduct activities related to the I visa, you will be denied entry and returned to your home country.

Those who have the I visa must only be engaged in informational activities and gather news, however, they are also allowed to enroll in some university courses. The I visa holder cannot enroll in a full academic program, and will also not be allowed to work for a US company.

What are the requirements of the I visa?

The I visa does not have many requirements. The only criteria that applicants must fulfill is related to their occupation. This means that they must be working in a position as described above. So you must be a representative of a foreign media organization and must be gathering news. Other than that, there are no other requirements to get the I visa.

How to apply for the I visa?

The application procedure for the I visa is similar to all US non-immigrant visas. You will have to apply to your nearest US Embassy office. The following steps are necessary:

Fill in Form DS-160

You need to fill in your personal information, purpose of visit, and anything else required. At the end, when you submit the form, you will be given a confirmation page and code, which you will need later on.

Submit a photograph which fulfills the Photo Requirements

You can find out more about US visa photo requirements here.

Pay the application fee

This fee for the I visa is $160 and is non-refundable no matter what the decision of the US Embassy is. Besides the application fee, you might be required to pay additional fees such as reciprocity or visa issuance fees. These fees depend on your home country and its relationship with the US. When you have paid all the necessary fees, make sure to save your receipts as you will need them later.

Schedule your visa interview

All visa applicants between 14 and 79 years old must attend a visa interview with the US Embassy. To have this interview, you must first schedule it. Since there might be a heavy workload in the US Embassy, it is important to schedule this interview as soon as possible to avoid long wait times. After you have made your appointment, you will get a visa appointment letter, which you will attach to your documents on the day of your interview.

Prepare your document file

You will need a file with the necessary documents for your I visa, which will support your request for this visa. You will bring that file with you to the interview. The file must contain the following documents:

• Your valid passport
• Your Form DS-160 confirmation page
• Receipts which prove you have paid all applicable fees
• Your visa appointment letter
• Letter from your employer describing the purpose of your stay in the US which must fall into the I visa activities. In addition, the letter should detail your length of stay, and duration of your work contract, as well as your personal information.
• Your qualifications which ensure you fall into the I visa category:
  • Work contracts
  • Journalistic accreditations
  • Press card
  • Past published articles
• Medical documents proving you are in good health
• Documents proving you have no past criminal record

Attend your visa interview – During the interview, a US Embassy official will ask you questions regarding your character, your health, any past criminal offenses, past US visas you have had, your purpose of visit, and other related questions. You must answer everything truthfully and not try to hide any details. The official will have almost made a decision at the end of your interview, but you will have to wait for the processing to get your answer.

What is the I visa processing time?

After you go through the interview process, you will have to wait for your visa to be processed. Generally, the I visa is processed within 10 days after your application. However, this time varies depending on the workload of the Embassy. You will receive a letter letting you know whether you got the visa or not.

If your visa was approved, then you can start making arrangements for your visit. If it was denied, you can ask for clarifications, repeal the decision, or apply again. However, even if you get the visa, you have no guarantee that you will be allowed to go into the US. The decision whether to let you in the US or not is up to the immigration officers at any US port of entry.

How long is the I visa valid?

The I visa is issued for the period that you will have to work in the US in the capacities described in the first section. This means that if your work contract states that you will need to be in the US as a journalist for 6 months, then your visa will be valid for only 6 months. You must continue to maintain your status and prove that you are working to qualify for the I visa.

If your visa is nearing expiration, but you still have work to do, you can request extensions. You must file Form I-539, Application to Extend/Change Nonimmigrant Status to USCIS for any extensions. All extensions are given in a period of one year and there are no limits to the number of extensions you can get. You must prove that you are working on collecting and disseminating news information and your work contract should also be extended.

Additionally, you can also change your status from an I visa to a different type of visa. For example, if you find an employer willing to sponsor you, you can get the H-1B visa. Your employer and you must file for the petition and fulfill the necessary requirements.

Can my dependents accompany me with an I visa?

You are allowed to bring your dependents when you have an I visa. Dependents are your spouse and your unmarried children under 21 years old. They can apply at the same time as you or after you get your visa.

To apply they must submit proof of a relationship, such as a marriage certificate and other marriage ceremony documents for the spouse, and valid birth certificates for the children. Also, if the dependents apply after you have gotten your visa, they must also submit a copy of your valid I visa.

With an I visa, your dependents will be allowed to enroll in academic study, but cannot work any jobs. Also, if you extend your visa or change your status, your dependents must also do the same to remain in the US.