H: Special
Worker Visa
There
are three different H level special worker visas. They are:
-
H-1B;
-
H-2B;
-
H3
H-1B:
Temporary Specialty Workers
To
qualify for an H-1B visa, you must first have a job offer from a U.S.
employer for duties to be performed in the U.S. H-1B visas are available
only to workers in occupations requiring highly specialized knowledge
normally acquired through a college education, and to distinguished fashion
models.
Obtaining
an H-1B Visa:
Step One:
The Petition
The
petition is filed by your U.S. employer. The Object of the petition is to
prove four things:
-
That you
personally qualify for H-1B status.
-
That your
future job is a high enough level to warrant someone with you advanced
skills.
-
That you have
the correct background and skills to match the job requirements.
-
That your U.S.
employer has the financial ability to pay your salary.
Step Two:
The Application
The
application is filed by you and your accompanying relatives. This
application is your formal request for an H-1B visa.
Step Three:
Paperwork
There
are two types of paper work you must submit to get an H-1B visa. The first
consists of official government forms completed by you or your U.S.
employer.
The
second is personal documents, such as academic credentials and professional
licenses.
H-2B:
Temporary Nonagricultural Workers
You
qualify for an H-2B visa if you are coming to the U.S. to accept a temporary
or seasonal nonagricultural job from a U.S. employer and you have the
correct background skills or natural abilities needed by that employer. H-2B
visas are aimed at skilled and unskilled workers.
There
are four requirements for obtaining an H-2B visa:
·
You must have a job offer from a U.S. employer to perform work that
is either temporary or seasonal.
·
You must have the correct background to
qualify for the job you have been offered.
·
There must be no qualified Americans willing or able to take the job.
A Temporary Labor Certification is required.
·
You must intend to return home when your
visa expires.
Obtaining an
H-2B Visa:
Step One:
Temporary Labor Certification
Temporary
Labor Certification is filed by your U.S. employer. The object of the
Temporary Labor Certification is to satisfy the U.S. government that there
are no qualified American workers available to take the specific job that
has been offered to you, and to determine whether the job is temporary in
nature and therefore suitable for an H-2B visa.
Step Two:
The Petition
The
petition is filed by your U.S. employer. The object of the petition is to
prove four things:
-
That the job
is temporary or seasonal in nature;
-
That no
qualified Americans are available for the job;
-
That you have
the correct background, skills and ability to match the job
requirements;
-
That your U.S.
employer has the financial ability to pay your salary.
Step
Three: The Application
It
is filed by you and your accompanying relatives. The application is your
formal request for an H-2B visa or status.
Step Four:
Paperwork
There
are two types of paperwork you must submit to get an H-2B visa. The first
consists of official government forms completed by you or your U.S. employer.
The second is personal documents such as academic credentials and evidence
of previous job experience.
H-3:
Temporary Trainees
You
qualify for an H-3 visa if you are coming to the U.S. for on-the–job
training to be provided by an American company. Training programs supporting
H-3 visas exist most often in two situations:
1. A company with branches in foreign countries will often
train foreign employees in their U.S. branches before sending them to work
overseas.
2. Another common training situation occurs when a U.S. company
wishes to establish a beneficial business relationship with a foreign
company.
To
qualify for an H-3 visa, you must possess the necessary background in
education and experience to complete the U.S training program successfully.
Obtaining an H-3
Visa:
Step One: The
Petition
The
petition is filed by your U.S. employer. The object of the petition is to
prove four things:
-
That a
qualifying the formal training position has been offered to you by a U.S.
company;
-
That you have
the correct background for the training;
-
That the
training is unavailable to you in your home country;
-
That the
training will further your career in your home country
Step Two: The
Application
It
is filed by you and your accompanying relatives. The application is your
formal request for an H-3 visa or status.
Step Three:
Paperwork
There
are two types of paperwork you must submit to get an H-3 visa. The first
consists of official government forms completed by you or your U.S. employer.
The second is personal documents such as academic credentials and
professional licenses.
O, P and R
Visas: Temporary Workers in Selected Occupations
O
and P visas are for certain outstanding workers in the sciences, arts,
education, business, entertainment and athletics field. R visas are for
religious workers.
Three
types of O visas: O-1, O-2, O-3
O-1
visas are available to persons of proven extraordinary ability in the
sciences, arts, education, business or athletics. O-1 visas can be given
only on the basis of individual qualifications.
O-2
visas are available to those who work as essential support personnel of O-1
athletes and entertainers.
O-3
visas are available to accompanying spouses and unmarried children under age
21of O-1 or O-2 visa holders. O-3
visas allow relatives to remain in the U.S., but they may not work.
P-1
visas are available to athletes or athletic teams that have been
internationally recognized as outstanding for a long and continuous period
of time.
P-2
visas are available to artists or entertainers, either individually or as
part of a group, who come to the U.S. to perform under a reciprocal exchange
program between the U.S. and one or more other countries.
P-3
visas are available to artists or entertainers who come to the U.S. either
individually or as part of a group, to develop, perform, teach or coach in a
program that is considered culturally unique.
P-4
visas are issued to the accompanying relatives of any P visa workers.
An
R-1 visa is available to a person who has been a member of a legitimate
religious denomination for at least two years and has a job offer in the U.S.
to work for an affiliate of that same religious organization.
Getting
O, P and R Visa
Step One: The
Petition
It
is filed by your U.S. employer. The object of the petitions is to prove four
things:
-
That you qualify for O, P or R status;
-
That your future job is of a high enough level or
appropriate nature to warrant someone with your advanced or specialized
skills;
-
That you have the correct background and skills to match
the job requirements, and;
-
In the case of O and P visas, that appropriate labor unions
or similar organization have been consulted concerning your eligibility.
Step
Two: The Application
It
is filed by you and your accompanying relatives. The application is your
formal request for an O, P or R visa or status.
Step
Three: Paper work
There
are two types of paperwork you must submit to get an O, P or R visa. The
first consists of official government forms completed by you or your U.S.
employer. The second is personal documents such as professional credentials
and critical reviews.
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