INFORMATION SHEET – EMPLOYMENT IN THE U.S.

Anyone going to the United States with the intention of working there temporarily must obtain a non-immigrant work visa. Persons entering the United States on a visitor or business visa, or under the Visa Waiver Program are not permitted to work.

Unlike some countries, the United States government does not issue work visas for casual employment. In general, work visas are based on a specific offer of employment from a U.S. employer.

The most common categories of non-immigrant work visas are listed below:

Temporary Work Visa (H) - required by an alien who is to perform a prearranged professional or highly skilled job for a temporary period, or to fill a temporary position for which there is a shortage of U.S. workers, or receive training from an employer. The employment or training must be approved in advance by an office of the Immigration and Naturalization Service in the United States on the basis of an application filed by the prospective employer. Read more...

Temporary Work Visa (H-1C) - required by registered nurses seeking temporary employment in the U.S. Effective September 21, 2000, 500 visas are available annually over a four-year period (2000 - 2003). Employment is limited to areas designated as "health professional shortage areas" by the Department of Health and Human Services (DHHS). Registered nurses practicing under the H-1C visa may be admitted for three years with no extensions. Read more...

Intra-company Transferee Visa (L-1) - required by an alien who is being transferred by his current employer to a specific executive or technical job with the same firm, or subsidiary thereof, in the United States. The employment must be approved in advance by an office of the Immigration and Naturalization Service in the United States on the basis of an application filed by the prospective employer. Read more...

Treaty Trader/Investor Visas (E -1 and E-2) - required by a national of a country with which the United States maintains a treaty of commerce and navigation who wishes to go to the United States: to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country; or to develop and direct the operations of an enterprise in which the national has invested; or is in the process of investing a substantial amount of capital, may qualify for a non-immigrant Treaty Trader or Treaty Investor visa. Read more...

EXTRA INFORMATION.

Anyone going to the United States with the intention of working there temporarily must obtain a non-immigrant work visa. In general, non-immigrant work visas are based on a specific offer of employment from a U.S. employer. Persons entering the United States on a business or tourist visa (B-1/B-2), or visa free under the Visa Waiver Program, are not permitted to work. If you are going to the United States with the intention of working there temporarily in specific prearranged employment or are being transferred by a present employer to a branch of the same firm in the United States, you require a classification H or L visa. The employment must be approved in advance by the office of the Immigration and Naturalization Service (INS) in the United States on the basis of a petition, form I-129H or L, filed by the United States employer.

H-1B visa (specialty occupation) is required by an employee who is coming to the United States to perform services in a prearranged professional job. To qualify, the alien requires a bachelor’s or higher degree (or equivalent) in the specific specialty for which employment authorization is being sought. It is the responsibility of the INS to determine whether the employment constitutes a specialty occupation and whether the alien is qualified to perform the services. Before filing the petition, form I-129H, with the INS Service Centre having jurisdiction over the area where the employment will take place, the employer is required file a labour condition application with the Department of Labour concerning the terms and conditions of the contract of employment.

H-2B visa (skilled and unskilled worker) 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. Before filing the petition form I-129H, with the INS Service Centre having jurisdiction over the area where the employment will take place, the employer is required to obtain from the Department of Labour, a labour 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 endeavour, other than graduate education or training. The training cannot be used to provide productive employment and cannot be available in the individual’s home country. The employer is required to file a petition, form I-129H, with the INS Service Centre having jurisdiction over the area where the training will take place.

L-1 Visa (intracompany transferee) is required by an employee of an international company who is being transferred to a parent, branch, affiliate or subsidiary in the United States. To qualify, the alien 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. An L-1 visa is also the appropriate visa classification for an employee of an international company who is coming to the United States to establish a parent, branch, affiliate or subsidiary in the United States. To qualify, the alien must be at the executive or managerial level, or have specialized knowledge and demonstrate that the company has secured sufficient physical premises to house the new office. The U.S. Company is required to file the petition, form I-129L, with the INS Service Centre having jurisdiction over the area of intended employment. In the case of a petition to open an office, the petitioner is the international company. Any questions that you may have concerning this process should be addressed to the appropriate INS office in the United States.

A petition has been approved in your name, what next? If an H or L petition has been approved in your name you will be required to apply for a visa before travelling to the United States. The Notice of Action, form I-797A or B, is not valid for travel unless accompanied by the appropriate visa. Read more...

Spouses, Children & Partners: Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative H-4 or L-2 visas. The application procedure is the same; the I-797A or B covers dependents. If the spouse and/or children apply for visas at a later date, a copy of the principal visa holders’ visa must be furnished with the application. The holder of an H-4 or L-2 visa may not work on a derivative visa; he or she, however, may study at an academic institution. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas, or if qualified, travel visa free under the Visa Waiver Program.

Partners and common-law spouses should follow this link for further information.

H-4 & L-2 verses F-1: There is no requirement that the spouse and/or children of an H-1 visa holder apply for a student (F-1) visa if they wish to study in the U.S.; they may study on an H-4 visa. However, if they are qualified, they may apply for the F-1 visa. If you have school age children, you should refer to the regulations governing the issuance of F-1 visas.

Please Note: No assurances regarding the issuance of visas can be given in advance. Therefore final travel plans or the purchase of non-refundable tickets should not be made until a visa has been issued.