Non-Immigrant Visas
Frequently Asked Questions
Temporary Work Visas
Pre-Issuance
Post-Issuance
The largest categories of working visas (including H, L
visas) require petitions to be filed with the United States
Citizenship and Immigration Services (USCIS, now part of DHS),
by a company or organization in the United States.
A petition is the process by which USCIS determines that you
meet the basic qualifications for a particular visa. For
example, it is through the petition process that USCIS
determines you have the educational background or its equivalent
to qualify as an H-1B "skilled worker." Petitions cannot be
filed with any Embassy or Consulate, they must be filed in the
United States by the prospective employer or agent.
No, either you must have the original I-797 or the
Embassy must have received direct notification of the
approval from USCIS or other U.S. Government source. The
Embassy CANNOT accept a faxed copy from the applicant,
employer, or lawyers.
No, there is no visa that covers casual work.
No.
Only your employer can sponsor you.
Your company will decide whether to file for an individual L
petition for you. If the petition is approved, you may use the
drop box procedure to submit your Individual L visa
documentation. As long as this occurs within one year of your
application date, you will not have to pay the application fee
again. However, if your individual L visa is approved,
there also may be a visa issuance fee.
To avoid being turned around upon
arrival, please do not make plans to enter the United
States until 10 days prior to the employment
commencement date noted on your I-797 or offer of
employment letter.
On the H, L, O, P, Q, and R you may enter the United
States 10 days before your official start date and you
may stay 10 days after the official end date. These
dates are listed in your I-797.
Yes. USCIS has to be notified of any change in one's
employment status.
Should you have reason to believe that your U.S.
employer may not have complied with all the terms of
your employment, you may wish to report alleged
violations to the Department of Labor's Employment
Standards Administration Wage and Hour Division by
completing Form WH-4.
Examples of violations include:
-
Employer failed to pay H-1B worker(s) the higher of
the prevailing or actual wage;
-
Employer failed to pay H-1B worker(s) for time off
due to a decision by the employer (e.g. for lack of
work, “benching”) or for time needed by the
H1B worker(s) to acquire a license or permit;
-
Employer made
illegal deductions from H-1B worker’s wages
(e.g. for H1B petition processing; for food and
housing expenses while the worker is traveling on
employer’s business; for tools and equipment
necessary to perform employer’s work);
-
Employer failed to provide fringe benefits to H-1B
worker(s) equivalent to those provided to (e) U.S.
worker(s) (e.g. cash bonuses, stock options, paid
vacations and holidays, health benefits,
insurance, retirement and savings plans);
-
Employer required H1B worker(s) to pay all or any
part of the I-129
filing fee for the H-1B petition; and
-
Employer imposed an
illegal penalty on H-1B worker(s) for ceasing
employment with the employer prior to a date agreed
upon by the worker and employer.
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Non-Immigrant
Visas
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FAQS