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Visa for highly qualified specialists (H-1B)

Overview

If you want to work in the United States temporarily as a nonimmigrant, under U.S. immigration law, you need a specific visa based on the type of work you will be doing. Most temporary worker categories require that your prospective employer or agent file a petition, which must be approved by the U.S. Citizenship and Immigration Services (USCIS) in the United States before you can apply for a work visa.

All applicants for H-1B visa must have a petition approved on their behalf by USCIS. The petition, Form I-129, must be approved before you can apply for a work visa at the Embassy. When your petition is approved, your employer or agent will receive a Notice of Action, Form I-797, which serves as your petition's approval notification. The consular officer will verify your petition approval through the Department of State's Petition Information Management Service (PIMS) during your interview.

You must bring your I-129 petition receipt number to your interview at the Embassy in order to verify your petition's approval. Please note that approval of a petition does not guarantee issuance of a visa if you are found to be ineligible for a visa under U.S. immigration law.

Visa Descriptions and Qualifications

An H-1B visa is required if you are coming to the United States to perform services in a pre-arranged professional job. To qualify, you must hold a bachelor's or higher degree (or an equivalent degree) in the specific specialty for which you seek employment. USCIS will determine whether your employment constitutes a specialty occupation and whether you are qualified to perform the services. Your employer is required file a labor condition application with the Department of Labor concerning the terms and conditions of its contract of employment with you.

When to Apply

The U.S. Embassy/Consulate may process your H-1B visa application up to 90 days prior to the beginning of employment status as noted on your I-797. However, when making your travel plans, please note that due to Federal regulations, you can only use the visa to apply for entry to the United States starting ten days prior to the beginning of the approved status period noted on your I-797.

Application Items

If you apply for an H-1B visa, you must submit the following:

How to Apply

Step 1. Pay the visa application fee.

Step 2. Complete the Nonimmigrant Visa Electronic Application (DS-160) form.

Step 3. Schedule your appointment on this web page. You will need three pieces of information in order to schedule your appointment:

Step 4. Visit the U.S. Embassy/Consulate on the date and time of your visa interview. You will need to bring a printed copy of your appointment letter, your DS-160 confirmation page, one recent photograph, your current passport and all old passports. Applications without all of these items will not be accepted.

Supporting Documents

Supporting documents are only one of many factors a consular officer will consider in your interview. Consular officers look at each application individually and consider professional, social, cultural and other factors during adjudication. Consular officers may look at your specific intentions, family situation, and your long-range plans and prospects within your country of residence. Each case is examined individually and is accorded every consideration under the law.

Caution: Do not present false documents. Fraud or misrepresentation can result in permanent visa ineligibility. If confidentiality is a concern, you should bring your documents to the U.S. Embassy/Consulate in a sealed envelope. The U.S. Embassy/Consulate will not make your information available to anyone and will respect the confidentiality of your information.

You should bring the following documents to your interview. Original documents are always preferred over photocopies and you must bring these documents with you to the interview. Do not fax, email or mail any supporting documents to the U.S. Embassy/Consulate.

If you are currently working and holding an H-1B visa, please submit your pay slips for the current calendar year and your Federal tax returns (IRS Form 1040 and W-2) for all the years in which you have been employed in the United States. You should bring:

Dependents

Your dependents should bring all required documents for any nonimmigrant visa, plus:

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