Q: How can I work in the United States?

Anyone going to the United States with the intention of working there temporarily must obtain a nonimmigrant work visa. In general, nonimmigrant work visas are based on a specific offer of employment from a U.S. employer. Persons entering the United States on a business or tourist visa (B-1/B-2) are not permitted to work.

The employment must be approved in advance by the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) in the United States on the basis of a petition, form I-129H filed by the United States employer.

Q: What types of work visas are available?

There are several categories of nonimmigrant visas for a person who wishes to work temporarily in the United States. “H” visas are the most common work visas for those going to the United States with the intention of working there temporarily in specific prearranged employment. Listed below are the various types of “H” visas available.

H-1B VISA (SPECIALTY OCCUPATION) is required if you are going to the United States to perform services in a prearranged professional job. To qualify, the alien requires a bachelor’s or higher degree (or equivalent) in the specific specialty for which employment authorization is being sought. It is the responsibility of the USCIS to determine whether the employment constitutes a specialty occupation and whether the alien is qualified to perform the services.

H-2B VISA (SKILLED AND UNSKIL-LED WORKER) is required if you are going to the United States to perform a job, which is temporary or seasonal in nature (such as agricultural jobs) and for which there is a shortage of U.S. workers.

H-3 VISA (TRAINEE) is required by a trainee who is coming to the United States to receive training from an employer in any field of endeavor, other than graduate education or training. The training cannot be used to provide productive employment and cannot be available in the individual’s home country.

There are several other categories of nonimmigrant work visas available. Please visit the Department of State website for more information. http://travel.state.gov/visa/ temp/types/types_1271.html

Q: How does an employer file a petition on my behalf?

In order to be considered as a nonimmigrant under the above classifications the applicant’s prospective employer must file Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Immigration Services in the Department of Homeland Security (USCIS).

Q: How do I obtain a work visa?

Once the petition is approved, the employer or agent is sent a notice of approval. It should be noted that the approval of a petition does not guarantee visa issuance to an applicant. As part of the visa application process, an interview at the U.S. Embassy consular section is required for visa applicants and certain documentation must be submitted at the time of interview. Visit the Department of State website for more information on additional requirements. http://travel.state.gov/visa/temp/ types/types_1271.html

“Ask the Consul” is a weekly column from the U.S. Embassy answering questions about U.S. immigration law and visa issues. If you have a general question about visa policy please email it to us at AskGeorge@state.gov. We select questions each week and publish the answers in Stabroek News and on our website at http://georgetown.usembassy. gov/guyana/ ask_con.html. For more information about visas please see http://www.unitedstatesvisas.gov or http://georgetown.usembassy.gov/.

Other than the questions we select, we DO NOT respond to questions sent to Ask the Consul. Please contact the visa inquiries unit (email visageorge@state.gov or call 225-7965 between 8 am- 4 pm Monday through Friday) if you have questions about a specific case.