How to Get a Temporary Work Permit
An H-1B visa is issued by the US Citizenship and Immigration Service (USCIS) and will allow you to enter the United States to work for up to six years (with an extension). It is designed for employees to work for US companies either in "specialty" positions that normally require at least a bachelor's degree or equivalent experience, or as fashion models with distinguished ability. It is sometimes used by professional athletes and entertainers.
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Things You'll Need
- Computer, Internet Access, Printer, Personal Records, Employee Business Records
Instructions
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Secure employment from a US company willing to hire you in a specialty position and obtain a written offer of employment from them specifying the nature and duration of employment. An international employment agency should be helpful in this regard. You should start around six months before you wish to start working in order to allow time for your US visa to be processed. Although there is no official list of specialty positions, engineers, technicians, and medical professionals often qualify.
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Your employer must apply for a Labor Condition Application (LCA) from the Department of Labor, guarantee to pay you as well as US workers are paid in equivalent positions, and supply equivalent working conditions. The LCA should be approved in a few weeks.
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Your employer must file an I-129 petition on your behalf and send it to the USCIS with the LCA approval, a copy of your offer letter, a copy of your university diploma, and company business records. You will have to supply the employer with certain basic information about yourself in order for the I-129 to be completed. The USCIS will issue an approval notice (Form I-797) within a few weeks after the I-129 is submitted.
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Have your employer send the Form I-797 to you.
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Check the website of the US embassy or consulate listed in the I-129 for any special documents they may require to issue your H-1B visa (requirements vary by jurisdiction). Go to the embassy or consulate with any special documents requested by the embassy, your passport, and Form I-797. You will have to fill out Form DS-156 and Form DS-157 (if you are between certain ages). You will be issued an H-1B visa either immediately or within a few days.
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Tips & Warnings
Your spouse and dependent children under 21 may accompany you to the US on H-4 visas if the I-129 mentions that you have accompanying family members.
The total number of H-1B visas is currently capped at 65,000 annually. This maximum is reached every year, so it pays to apply early in the year.
