Temporary Workers: H, L, O, and P

• Description and Qualifications
  
  
• Other Information
  
  
• Application Items

All applicants for H, L, O or P visas must receive a USCIS-approved petition (known as an I-797 Notice of Action) prior to applying for a visa.

Filing a Petition

Description and Qualifications
H-1B (specialty occupation) is required for an employee who is coming to the United States to perform services in a prearranged professional job. To qualify, the employee requires a bachelor's or higher degree (or equivalent) in the specific specialty for which employment authorization is being sought. USCIS will determine whether the employment constitutes a specialty occupation and whether the alien is qualified to perform the services. 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 workers) 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. 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, for a period of up to 2 years. The applicant can be paid and "hands-on" work is authorized. Training cannot be used to provide productive employment and cannot be available in the individual's home country.

H-4 (dependents) Spouses and/or unmarried children under 21 of the principal H visa holder may receive this derivative visa. However, they are not permitted to work while in the United States.

L-1 (intra-company transferees) is required for employees of an international company who are being temporarily transferred to a parent branch, affiliate, or subsidiary of the same company in the United States. The international company may be either a U.S. or foreign organization. To qualify, the employee must be at the managerial or executive level, or have specialized knowledge and be destined to a position within the U.S. company at either of these levels, although not necessarily in the same position as held previously. In addition, the employee must have been employed outside the United States with the international company continuously for one year within the three years preceding the application for admission into the United States.

There are two types of L visa petitions, blanket and individual, and they have slightly different qualification standards. Companies seeking the classification of multiple aliens as intra- company transferees may file a blanket petition with USCIS. The blanket petition provision is meant to serve only relatively large, established companies having multi-layered structures and numerous related business entities. The blanket petition provision is available only to managers, executives and specialized knowledge professional that are destined to work in an established office. Blanket L-1 principal applicants also must pay an additional fee of USD 500, the Fraud Prevention and Detection Fee, which needs to be paid when the visa application is submitted.

Fee Information

An L-1 visa can also be used by a qualified employee of an international company who is coming to the United States to establish a parent, branch, affiliate or subsidiary in the United States, i.e. commence business. When filing the petition, the international company will be required to show that sufficient physical premises to house the new office have been secured and that within one year of the approval of the petition, the intended U.S. operation will support an executive or managerial position. For persons with specialized knowledge, the petitioner will be required to show that it has the financial ability to remunerate the beneficiary and to commence doing business in the United States. A petition for a qualified employee of a new office will be approved for a period not to exceed one year, after which the petitioner must demonstrate that it is doing business as described above in order for the petition and alien's stay to be extended beyond one year.

L-2 (dependents) Spouses and/or unmarried children under 21 of the principal L-1 visa holder may receive this derivative visa. Due to a recent change in the law, spouses of L visa holders may seek employment authorization. The spouse must enter the United States on his/her L-2 visa and submit a completed Form I-765 (obtainable from DHS) along with an application fee. The processing time is approximately 4-5 months. Once the work permit (Form I-797, Notice of Action) has been received, a Social Security number can be obtained from the local Social Security office. Children of L-1 visa holders are not authorized to work in the United States.

O-1 (extraordinary ability) admits into the United States of persons with extraordinary ability in the sciences, arts, education, business and athletics, or extraordinary achievement in motion picture and television production, and their essential support personnel.

Only individuals qualify for an O-1. In order for a group to qualify, each member would be required to meet the extraordinary ability test. The visa is granted for a specific event, such as a tour, lecture series or project.

O-2 (accompanying O-1) For athletes and members of the entertainment industry, a provision exists whereby foreign nationals, who are an integral part of the performance and have skills and experience which are not available in the United States location, may apply for O-2 visas to accompany the O-1 visa holder.

P-1 (artists, entertainers) admits into the United States certain athletes, entertainers and artists, and essential support personnel. Individual members of the entertainment industry are not eligible for the P-1 visa classification, but individual athletes are. For members of the entertainment industry, the visa will be issued for a specific event only. However, individual athletes may be admitted for five years and a team for a period of six months.

P-2 (reciprocal exchange) admits into the United States an artist or entertainer, either an individual or group, involved in a reciprocal exchange program between an organization or organizations in the United States and one or more foreign countries which provides for the temporary exchange of artists and entertainers.

P-3 visa (culturally unique performers) admits into the United States an artist or entertainer, either an individual or group, to perform, teach, or coach under a program that is culturally unique.


Other Information
When to Apply: The Embassy may process your H, L, P or O visa application up to 90 days prior to the beginning of employment status as noted on your I-797. However, when making your travel plans, please note that due to Federal regulations, you can only use the visa to apply for entry to the United States starting ten days prior to the beginning of the approved status period noted on your I-797.


Application Items
Note: the approval of a petition does not guarantee visa issuance to an applicant found ineligible under provisions of the Immigration and Nationality Act (INA). Principal applicants: Where applicable, your spouse and/or children's details should be added to your EVAF.

H, P and O visas:

Documents to bring:
All required documents for any non-immigrant visa plus:

1. Form I-797, Notice of Action;
2. Copy of the complete I-129 petition, Labor Condition Application (LCA) and supporting documents submitted by your U.S. employer;

Supporting Documents:

1. Evidence that establishes job qualifications.
2. The originals of your university diplomas, mark sheets and any certificates you may have (no secondary school information needed);
3. Recent, original letter from petitioning employer confirming their intent to hire you;
4. Original letters from current and previous employers detailing your position and projects you worked on and how long you worked for them;
5. If your I-797 was approved more than two months ago, please submit a current letter from your employer confirming your employment;
6. If currently working on an H-1B visa, please submit your pay slips for the current calendar year and your Federal tax returns (IRS Form 1040 and W-2) for all the years in which you have been employed in the United States.
7. First time applicants may consider submitting the following documents:
   1. Pay slips from current or most recent place of employment;
   2. Names and current phone numbers of the personnel managers at your present and previous positions; and
   3. Resume or CV.

Dependents: All required documents for any non-immigrant visa plus:

1. Original marriage (spouse) and/or birth certificates (unmarried children under 21) as applicable;
2. If not applying at the same time as the principal applicant: A copy of the principal applicant's passport and his/her U.S. visa. If a copy of the passport is submitted, it should be legible and the photo clearly identifiable;
3. A letter from the spouse's employer confirming continued employment;
4. If your spouse is currently working in the United States on an H1-B visa, please submit the pay slips for the current calendar year and federal tax returns (IRS Form 1040 and W-2s) for all the years in which he/she has been employed in the United States on the H-1B visa.

L visas:

Documents to bring:
All required documents for any non-immigrant visa plus:

1. Form I-797, Notice of Action;
2. Copy of the complete I-129 petition and supporting documents submitted by your U.S. employer;
3. Blanket L visas: Provide three sets of the I-129 petition with the Blanket I-797 and supporting documents.
4. Recent, original letter from petitioning employer confirming their intent to hire you;

Supporting Documents:

Evidence that establishes job qualifications.

1. The originals of your university diplomas, mark sheets and any certificates you may have (secondary school information is not required);
2. Original letters from current and previous employers detailing your position and projects you worked on and how long you worked for them;
3. First time applicants may consider submitting the following documents:
   1. Pay slips from current or most recent place of employment;
   2. Names and current phone numbers of the personnel managers at your present and previous positions; and
   3. Resume or CV.

Dependents: All required documents for any non-immigrant visa plus:

1. Original marriage (spouse) and/or birth certificates (unmarried children under 21) as applicable;
2. If not applying at the same time as the principal applicant: A copy of the principal applicant's passport and his/her U.S. visa. If a copy of the passport is submitted, it should be legible and the photo clearly identifiable; and
3. A letter from the spouse's employer confirming continued employment.

FAQs for Work Visas:

Pre-Issuance Stage

1. What is a petition?
2. Can I present a copy of my I-797 (Notice of Action)?
3. Can I obtain a visa to do casual work?
4. Is there an age limit for applying for a temporary work visa?
5. Can my U.S.-based relative sponsor me for a work visa?
6. My blanket L application was refused under Section 221g. I was told to apply for an individual L petition. What should I do?
7. When can I enter the United States?
   

Post-Issuance Stage

1. How long can I stay after the end of my working visa?
2. Can a working visa holder (H-1B, L) transfer or change jobs?
3. How do I report an H-1B employer violation and request unpaid wages?

What is a Petition?

The largest categories of working visas (including H, L visas) require petitions to be filed with the United States Citizenship and Immigration Services (USCIS, now part of DHS), by a company or organization in the United States.

A petition is the process by which USCIS determines that you meet the basic qualifications for a particular visa. For example, it is through the petition process that USCIS determines you have the educational background or its equivalent to qualify as an H-1B "skilled worker." Petitions cannot be filed with any Embassy or Consulate, they must be filed in the United States by the prospective employer or agent.

USCIS Info

Can I present a copy of my I-797 (Notice of Action)?

The Form I-797 is no longer needed for your interview, However, to verify petition approval we will need your I-129 petition receipt number so please make sure to have this available.

Can I obtain a visa to do casual work?

No, there is no visa that covers casual work.

Is there an age limit for applying for a temporary work visa?

No.

Can my U.S.-based relative sponsor me for a work visa?

Only your employer can sponsor you.

My blanket L application was refused under Section 221g. I was told to apply for an individual L petition. What should I do?

Your company will decide whether to file for an individual L petition for you. If the petition is approved, you may use the drop box procedure to submit your Individual L visa documentation. As long as this occurs within one year of your application date, you will not have to pay the application fee again. However, if your individual L visa is approved, there also may be a visa issuance fee.

When can I enter the United States?

To avoid being turned around upon arrival, please do not make plans to enter the United States until 10 days prior to the employment commencement date noted on your I-797 or offer of employment letter.

How long can I stay after the end of my working visa?

On the H, L, O, P, Q, and R you may enter the United States 10 days before your official start date and you may stay 10 days after the official end date. These dates are listed in your I-797.

Can a working visa holder (H-1B, L) transfer or change jobs?

Yes. USCIS has to be notified of any change in one's employment status.

How do I report an H-1B employer violation and request unpaid wages?

Should you have reason to believe that your U.S. employer may not have complied with all the terms of your employment, you may wish to report alleged violations to the Department of Labor's Employment Standards Administration Wage and Hour Division by completing Form WH-4.

Report H-1B Violations

Examples of violations include:

1. Employer failed to pay H-1B worker(s) the higher of the prevailing or actual wage;
2. Employer failed to pay H-1B worker(s) for time off due to a decision by the employer (e.g. for lack of work, "benching") or for time needed by the H1B worker(s) to acquire a license or permit;
3. Employer made illegal deductions from H-1B worker's wages (e.g. for H1B petition processing; for food and housing expenses while the worker is traveling on employer's business; for tools and equipment necessary to perform employer's work);
4. Employer failed to provide fringe benefits to H-1B worker(s) equivalent to those provided to (e) U.S. worker(s) (e.g. cash bonuses, stock options, paid vacations and holidays, health benefits, insurance, retirement and savings plans);
5. Employer required H1B worker(s) to pay all or any part of the I-129 filing fee for the H-1B petition; and
6. Employer imposed an illegal penalty on H-1B worker(s) for ceasing employment with the employer prior to a date agreed upon by the worker and employer.