H - Temporary Work Visa

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

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

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

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

What happens once the petition has been approved by USCIS?

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

Spouses, Children & Partners

Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative H-4 visas. The application procedure is the same; the I-797A or B covers dependents. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas, or if qualified, travel visa free under the Visa Waiver Program (VWP).

More information for partners and common-law spouses.

H-4 verses F-1

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

Working on an H-4 visa

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

Please Note: No assurances regarding the issuance of visas can be given in advance. Therefore final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued.

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