Non-Immigrant Visas
Temporary Workers
Classifications
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.
In order to be considered as a nonimmigrant worker under any of the following classifications the applicant's prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Naturalization Service (BCIS). Once approved, the employer or agent is sent an approval, Form I-797.
The prospective employee must provide the original I-797 form with his/her visa application. It should be noted that the approval of a petition does not guarantee visa issuance to an applicant found to be ineligible under provisions of the Immigration and Nationality Act.
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. Government-to-Government research and development, or co-production projects administered by the Department of Defense also apply to this classification.
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 US Dept. of Labor.
H-3 classification applies to trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children.
L classification applies to intra-company transferees who, within the three preceding years, have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate, or subsidiary of the same employer in the U.S. in a managerial, executive, or specialized knowledge capacity.
O-1 classification applies to persons who have extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field.
O-2 classification applies to persons accompanying an O-1 alien to assist in an artistic or athletic performance for a specific event or performance.
P-1 classification applies to individual or team athletes, or members of an entertainment group that are internationally recognized.
P-2 classification applies to artists or entertainers who will perform under a reciprocal exchange program.
P-3 classification applies to artists or entertainers who perform under a program that is culturally unique (same as P-1).
Q-1 classification applies to participants in an international cultural exchange program for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the alien's home country.
Applying for the Visa
Applicants for temporary work visas should generally apply at the American Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any US consular office abroad, it may be more difficult to qualify for the visa outside the home country or country of permanent residence.
Documentation
With the exception of the H-1 and L-1, applicants also need to show proof of binding ties to a residence outside the United States which they have no intention of abandoning. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.
Family Member
With the exception of "Q-1 Cultural Exchange Visitors," the spouse and unmarried, minor children of an applicant under any of the above classifications may also be classified as nonimmigrants in order to accompany or join the principal applicant. A person who has received a visa as the spouse or child of a temporary worker may not accept employment in the United States. The principal applicant must be able to show that he or she will be able to support his or her family in the United States.
Time Limits
All of the above classifications have fixed time limits in which the alien may perform services in the United States. In some cases BCIS may extend those time limits in order to permit the completion of the services. The worker must depart the United States at the conclusion of the approved employment or by the date specified on the petition, whichever comes first.
South African citizens must pay a reciprocity fee of $85 (Rand rate subject to change on a monthly basis) for work visas. The fee must be paid in US$ or SA Rands CASH at the time the visa is approved.