H Visas -Temporary Workers
If you are going to the United States with the intention of working there temporarily in specific prearranged employment, you require an H visa.
H1B visas - Used by some U.S. businesses and other organizations to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors, fashion models of distinguished merit and ability.
H-1C visas - Applies to an alien coming temporarily to perform services as a registered nurse in a health professional shortage area as determined by the U. S. Department of Labor. Only 500 nurses can be granted H-1C status in a fiscal year nationally. There are also numerical limitations for each state based on the state’s population.
H-2A and H-2B visas - Used for applicants who are coming to the U. S. to perform a job which is temporary or seasonal in nature and for which there is a shortage of U.S. workers. H-2A refers to temporary or seasonal agricultural workers, while H-2B refers to temporary or seasonal non-agricultural workers. A typical H-2B situation might involve an employer who has a contract to perform certain work by a prearranged date.
H2R visas: No Appointments Available
H-3 visas - Used for applicants coming the U. S. principally for training purposes in which they will receive compensation. The training can be from an employer in any field of endeavor, other than graduate education and training. Also, the training cannot be used to provide productive employment and cannot be available in the individual's home country.
- H-3 status is not appropriate for graduate education, including medical training, except under special circumstances. Petitioning employers may not use H-3 classification for training programs primarily designed to benefit the U.S. companies and/or where U.S. workers would be employed but for the trainee services.
The applicant's prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Immigration (USCIS). For more detailed information regarding filing the Form I-129, as well as requirements, please refer to the USCIS Temporary Workers web site. The petition, Form I-129 must be approved by USCIS before the prospective employee can apply for a visa at a U.S.Embassy or Consulate abroad.
When the petition is approved, the employer or agent is sent a Notice of Action, Form I-797, the notification of petition approval. However, the I-797 is no longer needed for the visa applicant's interview, since petition approval is now verified in the Department of State's system called Petition Information Management Service (PIMS). In order to verify the petition approval, we will need your approved I-129 petition receipt number so please make sure to have this available. It should be noted that the approval of a petition shall not guarantee visa issuance to an applicant found to be ineligible under provisions of the Immigration and Nationality Act.
Refer to Steps to an NIV for information on the application process.
Refer to Cost of an NIV to determine if additional costs may apply.
Information for spouse and children of applicants.
If you are not a resident of Mexico, refer to Third Country Nationals to determine if you can apply for this visa class in Mexico.
To schedule the interview appointment, you will need the receipt number that is printed on the approved Form I-129 petition. During your interview, the consular officer will use the receipt number to verify the Form I-129 petition approval.