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.
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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