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H1B visa to work temporarily in the United States.

H1B visa classification.

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. H1B classification applies to persons in a specialty occupation which requires the theoretical and practical application of highly specialized knowledge requiring completion of a specific course of higher education.

The H1B visa classification requires a labor attestation issued by the Secretary of Labor. This classification also applies to Government-to-Government research and development, or coproduction projects administered by the Department of Defense.

Petitions for H1B visa.

In order to be considered as a nonimmigrant for H1B visa, the applicant's prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, with the USCIS. Once approved, the employer or agent is sent a notice of approval, Form I-797. 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.

Visa ineligibility waiver.

The nonimmigrant visa application Form DS-156 list classes of persons who are ineligible under U.S. law to receive H1B visas. In some instances an applicant who is ineligible, but who is otherwise properly classifiable as a temporary worker, may apply for a waiver of ineligibility and be issued a visa if the waiver is approved.

Applying for the H1B 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 U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence.

Required Documentation.

Each applicant for a temporary worker visa must pay a nonrefundable application fee
An application Form DS-156, completed and signed.
A Supplemental Nonimmigrant Visa Application, Form DS-157 provides additional information about your travel plans. Submission of this completed form is required for all male applicants between 16-45 years of age. It is also required for all applicants from state sponsors of terrorism age 16 and over, irrespective of gender, without exception. Seven countries are now designated as state sponsors of terrorism, including North Korea, Cuba, Syria, Sudan, Iran, Iraq, and Libya. Select Special Processing Procedures to learn more. You should know that a consular officer may require any nonimmigrant visa applicant to complete this form.
A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application.
One 2x2 photograph.
A notice of approval, Form I-797.

Other documentation.

With the exception of the H1 and L1, applicants may 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.

Additional information for H1B applicants.

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.

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