non-immigrant visas

Work Visas (H, O, P)

In general, persons intending to work in the US must obtain a temporary work permit (approved by the United States Citizenship and Immigration Service (USCIS), as indicated on form I-797 or other approved petition) and be in possession of the appropriate visa prior to entering the US.

Temporary Workers & Trainees (H-visa)

Skilled workers of most industries can qualify if petitions have been approved on their behalf by USCIS. Part of the USCIS approval process may require the prospective employer to file certifications with the US Department of Labor. Workers in this category can include nurses, foreign physicians (who have passed a federal licensing examination), fashion models, defense workers, specialty occupations, agricultural workers, and their dependents. Certain of these categories have numerical limits.

"Trainees" and their dependents can also qualify under the H-visa category to participate in a structured program with professionally trained staff. The H-3 program provides practical training away from a primarily academic or vocational institution. This training is intended to give applicants opportunities to obtain on-the-job experiences in the US at work which does not primarily employ U.S. citizen and resident workers.

Extraordinary Ability (O-visa)

This category applies to persons of extraordinary ability in science, the arts, education, business, and athletics, or who have extraordinary achievement in motion picture and television production. O-visas also include the applicant's support personnel. The applicant must present an approved petition or notification that has been approved by USCIS.

Athletes/Entertainers/Artists (P-visa)

Certain athletes, entertainers, and artists who are intending to perform in the US are covered in this category. For example, baseball players working in the minor leagues and professional musical groups are included. As with other work categories, applicants must be beneficiaries of petitions approved on their behalf by the USCIS.

Residency Rules

Applicants are reminded that these visa categories do not allow for permanent employment in the US nor do they assure permanent residence in the US. These visas allow individuals to live for a designated period in the US and to work at specific jobs. Dependents will also be able to join the principal worker and to study (but, not to work) during the duration of their stay in the US. Although the period of employment can be several years, the understanding in all these visa categories is that the employee and the family will leave the US after the employment is completed.

Any non-immigrant visa category, including this work category, is not intended to be used in lieu of the proper immigration visa if applicants plan to live permanently in the US. If applicants are seeking to move permanently to the US and obtain "green cards," they must obtain information on immigrating to the US.