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Employment is consistently for a fixed period of time, and the employer is required to commence the employment process by submitting a petition (I-129 Form) on behalf of the applicant. Upon approval of the petition, the applicant can apply for a Change of Status if lawfully present in the US, or can apply for a US work visa abroad.
H-1B Visa (Specialty Occupations)
H-2A Visa (seasonal agricultural workers)
H-2B Visa (Temporary Work visa)
L-1 Visa (Intracompany Transferees)
O-1 Visa (Individuals with Extraordinary Ability or Achievement)
R-1 Visa (Religious Workers)
NT NAFTA Visa (For Qualified Canadian and Mexican Citizens Only)
Note: Unlike Mexican citizens, Canadian citizens are generally eligible for admission as nonimmigrants in this category without an approved petition, labor certification, and even without a visa.
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Application Process
If agreed to hire you, the US employer must generally apply for the labor certification with the Department of Labor and then to file a Petition for a Nonimmigrant Worker (Form I-129), with the U.S. Citizenship and Immigration Services (USCIS).
If approved, this petition opens room for a work visa application in US Embassies/Consular sections abroad, if the applicant is outside United States, or for Change of |Status, if lawfully presented in the USA.
When ready to apply for a work visa, you must complete the DS-160 Form (Online Nonimmigrant Visa Application Form), to pay the Visa application fee and to create your profile in the Visa application system that serves the relevant U.S. Embassy or Consular section where you will apply.
At the visa interview you must present the approved I-129 petition, or paper copies of the I-797 Notice of Action for the approval of the petition.
Usually, all work visas are limited to the petition expiration date, except L-1 visas (they are with 5 years validity).
If you are an L-1 applicant on a blanket petition, you must pay a fraud prevention and detection fee (at the time of filling out this information the fee is $500 payable immediately before the interview).
Do not neglect the visa application procedure. It is a complicated process, and even if USCIS approves your petition, it does not ensure that a visa will be granted. These are two separate processes managed by different departments of the U.S. government.
Dependents
Upon the approval of the petition, spouses and children who are eligible dependents may apply directly to the US Embassy or Consulate for a dependent visa, either with or after the primary applicant. If already in the USA ( lawfully) they may apply for a Change of Status within USCIS.
Spouses and unmarried children (under age 21) of H-1B holders are not permitted to work while in the United States.
Spouses of L-1 holders are considered employment authorized and thay are eligible for employment.
Spouses of O and P workers may not work in the United States under this classification.
We are able to assist employers in gathering the necessary documentation for petition filings.
Additionally, we can assist prospective employees with their visa applications while they are abroad, or with the change of their status, if in the USA.
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