H Visas
(Temporary Nonimmigrant
U.S. Work Visas)
H Visas for Nonimmigrants Working Temporarily.
The H visa categories are available to U.S. employers that wish to
employ foreign nationals temporarily in the United States. There are several
H visa categories including: H1B professionals in specialty occupations;
H1C registered nurses in shortage
areas; H2A temporary or seasonal
agricultural workers in short supply; H2B
temporary nonagricultural workers in short supply; and
H3 temporary trainees.
H Visa Petition Procedure Generally:
Processing of an H visa petition starts when a U.S. employer files (except
for H3 trainees) an application with the United States Department of Labor
(DOL). For H1B cases, the employer must file a Labor Condition Application
(LCA), Form ETA-9035, with the DOL. If that application is approved or
certified by the DOL, the employer must then file Form I-129, Petition for a
Nonimmigrant Worker, and an H Classification Supplement. If approved by the
United States Citizenship and Immigration Services (USCIS), the Service Center
will issue a Notice of Action and approval notice. Additional steps must be
then taken by the prospective employee depending on whether he or she is
physically present in the United States.
PLEASE NOTE:
In June 2001, a "premium processing service" was established to improve
processing service to business customers. If an employer so chooses, it may
pay an additional $1,000 premium processing fee to guarantee the issuance of
an approval notice, notice of intent to deny, request for evidence (RFE), or
notice of an investigation within 15 calendar days or will refund the fee
automatically.
The LL.M. Law Group
understands that obtaining a temporary work visa to work in the United
States can sometimes be difficult. Please click on one of the links below to
learn more about how the LL.M. Law Group can help you start working, and
stop worrying.
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