H Nonimmigrant Temporary Work Visas

The Immigration and Nationality Act provides several categories of nonimmigrant visas for a person who wishes to work temporarily in the United States. There are annual numerical limits on some classifications which are shown in parentheses.

H Nonimmigrant Visa Classifications

H-1B classification applies to persons in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. This classification requires a labor attestation issued by the Secretary of Labor (65,000). This classification also applies to Government-to-Government research and development, or co-production projects administered by the Department of Defense (100);

H-1C classification applies to nurses going to work for up to three years in health professional shortage areas;

H-2A classification applies to temporary or seasonal agricultural workers;

H-2B classification applies to temporary or seasonal nonagricultural workers. This classification requires a temporary labor certification issued by the Secretary of Labor (66,000);

H-3 classification applies to trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children (50); and

H-4 classification applies to the spouse or minor unmarried child of an H-1, H-2, or H-3 worker. 

USCIS Petition

In order to be considered as a nonimmigrant under the above classifications the applicant's prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Immigration Services in the Department of Homeland Security (USCIS).  It is very important for prospective employers to file the petition as soon as possible (but not more than 6 months before the proposed employment will begin) to provide adequate time for petition and subsequent visa processing. Should you need petition processing faster, premium processing is available for an additional fee. Once approved, the employer or agent is sent a notice of approval, Form I-797. 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.

How We Serve Our Clients

Our dynamic and knowledgeable attorneys will consult with you to determine whether the nature of the offered position and the foreign candidate's background are appropriate for this particular visa.  We will also recommend possible alternative strategies if the foreign beneficiary's experience renders them ineligible for this visa category.  Our attorneys work closely with both the employer and prospective employee to ensure that the required documents are rendered and all legal issues addressed.  We relieve human resources personnel of the burdensome paperwork requirements by preparing all required forms and supporting documents for submission to the appropriate government departments and agencies.  When required, we also prepare and file applications for dependent family members to ensure a smooth transition to the United States for the prospective employee and dependent family members.  Our staff is easily accessible by both the employer and foreign beneficiary to answer questions as they arise.

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