If you wish to work within the U.S. quickly as a nonimmigrant, underneath U.S. immigration legislation, you want a particular visa based mostly on the kind of work you can be doing. Most short-term employee classes require that your potential employer or agent file a petition, which should be accepted by the U.S. Citizenship and Immigration Providers (US VISA FOR SWISS CITIZENS) in america earlier than you possibly can apply for a piece visa.

All candidates for H, L, O, P and Q visas should have a petition accepted on their behalf by USCIS. The petition, Type I-129, should be accepted earlier than you possibly can apply for a piece visa on the U.S. Embassy. When your petition is accepted, your employer or agent will obtain a Discover of Motion, Type I-797, which serves as your petition’s approval notification. The consular officer will confirm your petition approval via the Division of State’s Petition Data Administration Service (PIMS) throughout your interview.

You have to deliver your I-129 petition receipt quantity to your interview on the U.S. Embassy in an effort to confirm your petition’s approval. Please observe that approval of a petition doesn’t assure issuance of a visa in case you are discovered to be ineligible for a visa underneath U.S. immigration legislation.

Visa Descriptions and {Qualifications}

E-3 (specialty occupation)

The E-3 visa classification applies solely to nationals of Australia in addition to their spouses and youngsters. E-3 principal candidates should be going to america solely to work in a specialty occupation. The partner and youngsters needn’t be Australian residents. Nevertheless the U.S. doesn’t acknowledge De Facto relationships for the needs of immigration, and to qualify as a partner you’ll need a wedding certificates.

H-1B (specialty occupation)

An H-1B visa is required in case you are coming to america to carry out providers in a pre-arranged skilled job. To qualify, it’s essential to maintain a bachelor’s or greater diploma (or an equal diploma) within the particular specialty for which you search employment. USCIS will decide whether or not your employment constitutes a specialty occupation and whether or not you might be certified to carry out the providers. Your employer is required file a labor situation software with the Division of Labor regarding the phrases and circumstances of its contract of employment with you.

H1-B1 Treaty-based Short-term Work Visas

Free commerce agreements signed with Chile and Singapore allow certified US VISA APPLICATION FORM ISSUES Chilean and Singaporean residents to quickly work in america in sure circumstances. Solely Chilean and Singaporean residents are eligible as principal candidates, though their spouses and youngsters could also be nationals of different nations.

Candidates for H-1B1 visas ought to have already got a job provide from an employer of their chosen work space in america, however the employer doesn’t should file Type I-129, Petition for Nonimmigrant Employee, and the applicant doesn’t have to get hold of a Discover of Approval, Type I-797 type earlier than submitting the visa software. Nevertheless, the petitioner does have to file an Software for International Labor Certification with the Division of Labor previous to making use of for the visa.  For extra data on the H-1B1 visa, please go to material/journey/en/us-visas/employment/temporary-worker-visas.html

H-2A (seasonal agricultural employees)

An H-2A visa permits U.S. employers to deliver overseas nationals to america to fill short-term agricultural jobs for which U.S. employees are usually not accessible. An H-2A nonimmigrant classification applies to you if you happen to search to carry out agricultural labor or providers of a short lived or seasonal nature in america on a short lived foundation. A U.S. employer (or an affiliation of U.S. agricultural producers named as a joint employer) should file a Type I-129, Petition for Nonimmigrant Employee, in your behalf.

H-2B visa (expert and unskilled employees)

This visa is required in case you are coming to america to carry out a job which is short-term or seasonal in nature and for which there’s a scarcity of U.S. employees. Your employer is required to acquire a Division of Labor certification confirming that there are not any certified U.S. employees eligible for the kind of employment on which your petition is predicated.

H-3 (trainee)

An H-3 visa is required in case you are coming to america to obtain coaching from an employer in any area of endeavor, aside from graduate training or coaching, for a interval of as much as two years. You could be paid in your coaching and “hands-on” work is allowed. Coaching can’t be used to supply productive employment and can’t be accessible in your house nation.

H-4 (dependents)

In case you are the principal holder of a legitimate H visa, your partner or single kids (underneath age 21) might obtain an H-4 visa to accompany you to america. Nevertheless, your partner/kids are usually not permitted to work whereas in america.

L-1 (intra-company transferees)

An L-1 visa is required in case you are the worker of a global firm which is quickly transferring you to a mother or father department, affiliate, or subsidiary of the identical firm in america. The worldwide firm could also be both a U.S. or overseas group. To qualify for an L-1 visa, you should be on the managerial or government degree, or have specialised information and be destined to a place throughout the U.S. firm at both of those ranges, though not essentially in the identical place as held beforehand. As well as, it’s essential to have been employed exterior america with the worldwide firm constantly for one yr throughout the three years previous your software for admission into america. Chances are you’ll solely apply for an L-1 visa after your U.S. firm or affiliate has obtained an accepted petition from USCIS, both on a “blanket” or particular person foundation.

L-2 (dependents)

In case you are the principal holder of a legitimate L visa, your partner or single kids (underneath age 21) might obtain this spinoff visa. As a result of a current change within the legislation, your partner might search employment authorization. Your partner should enter america on his or her personal L-2 visa after which submit a accomplished Type I-765 (obtainable from USCIS), together with an software charge. Your kids are usually not licensed to work in america.

O (alien with extraordinary capacity)

Class O visas are issued to folks with extraordinary capacity within the sciences, arts, training, enterprise and athletics, or extraordinary achievement in movement image and tv manufacturing, and their important assist personnel.

P (artists, entertainers)

Class P visas are issued to sure athletes, entertainers, artists and important assist personnel who’re coming to carry out in america.

Q (cultural trade customer)

A Q visa is required in case you are touring to america to take part in a global cultural trade program for the aim of offering sensible coaching, employment, and the sharing of the historical past, tradition, and traditions of your own home nation. You have to have a petition filed in your behalf by this system sponsor and the petition should be accepted by USCIS.

T (sufferer of trafficking)

International residents searching for T-1 nonimmigrant standing should be bodily current in america already, resulting from human trafficking. Due to this fact, U.S. Embassies and Consulates overseas (exterior america) don’t situation T-1 visas, however might situation qualifying members of the family T (spinoff) visas.

TD/TN (NAFTA skilled)

The nonimmigrant NAFTA Skilled (TN) visa permits residents of Canada and Mexico, as NAFTA professionals, to work in america in prearranged enterprise actions for U.S. or overseas employers.

U (sufferer of felony exercise)

Victims of sure felony actions that both occurred in america or violated U.S. legal guidelines could also be eligible to petition for U nonimmigrant standing to the U.S. Citizenship and Immigration Providers (USCIS). Victims should have suffered substantial psychological or bodily abuse because of the felony exercise and possess data regarding that felony exercise.

When to Apply

The U.S. Embassy might course of your H, L, O, P or Q visa software as much as 90 days previous to the start of employment standing as famous in your I-797. Nevertheless, when making your journey plans, please observe that resulting from Federal rules, you possibly can solely use the visa to use for entry to america beginning ten days previous to the start of the accepted standing interval famous in your I-797.