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עברית
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Nonimmigrant
Visas
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Before the Interview
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FAQ
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visas for skilled workers (H)
If you are going to the United States with the intention of working there temporarily in specific prearranged employment, you require an H visa. The employment must be approved in advance by the 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. Please contact your sponsor or USCIS if you have questions about your petition. Consular officers of the U.S. Department of State at U.S. Embassy Tel Aviv have no role in, or access to, the petition process.
To qualify for an H visa, the applicant must demonstrate that (a) the prospective employer has filed and USCIS has approved a petition (Form I-129) requesting H status for the applicant, and (b) the applicant qualifies for the specified employment by showing proof of education and relevant work experience. An H visa is only valid for the specific employer and employment stated in the petition/I-797 approval notice. If you wish to change employers or positions in the U.S., you must first obtain the permission of the USCIS.
USCIS will send you or your attorney and your sponsor a Notice of Action (I-797) when it approves your petition. You may apply for an H visa only after USCIS approves your petition. The Embassy will have no information about the status your petition until it has been approved.
Please remember that while the approval from USCIS grants an applicant legal status to work as a skilled worker in the United States, you will still need to apply for an H visa to enter the United States. You should apply for a visa and pay the processing fee for you and your family as you would for any other visa type. However, you must not apply until you have received an approved petition.
Types of H Visas
H-1B visa (specialty occupation) is required by an employee who is coming 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. Before filing the petition, form I-129H, with USCIS the employer is required file a labor condition application with the Department of Labor concerning the terms and conditions of the contract of employment.
Applicants for H-1B visas are not required to prove that they do not intend to immigrate to the United States. However, you must prove that you are qualified for the visa and that you will be performing the work that USCIS approved as a skilled job.
H-2B visa (skilled and unskilled worker) is required by an employee who is coming to the United States to perform a job that is temporary or seasonal in nature and for which there is a shortage of U.S. workers. Before filing the petition, form I-129H, with USCIS, the employer is required to obtain from the Department of Labor a labor certification confirming that there are no qualified U.S. workers eligible for the employment on which the petition is based.
Applicants for H-2B visas are required to prove that they do not intend to immigrate to the United States, just like applicants for B1/B2 visitor visas. Please see the instructions on applying for a B1/B2 visa for a list of recommended documents to bring to the interview.
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. The employer is required to file a petition, form I-129H, with USCIS.
Applicants for H-3 visas are required to prove that they do not intend to immigrate to the United States, just like applicants for B1/B2 visitor visas. Please see the instructions on applying for a B1/B2 visa for a list of recommended documents to bring to the interview.
Families of H Visa Holders
Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative H-4 visas. The application procedure is the same; the I-797A or B covers dependents. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas.
Spouses and children of H visa holders may study in private or public schools the United States on the H-4 visa without obtaining a student F-1 visa. However, spouses on H-4 visas may not work. If a spouse on an H-4 visa is seeking employment, he or she must seek the appropriate work visa to do so. The principal H applicant must prove that you can support your family financially during your stay in the U.S.
Before the Interview
You may apply for an H visa only after USCIS approves your petition. Before you appear at the Embassy for the interview for an H visa, be sure that you have completed the following steps and have collected the following documents to bring to the interview:
- You have scheduled your visa interview on the Internet at http://visainfo.us-visaservices.com/.
- You have filled out and printed the required forms to bring to your interview:
- You have paid the processing fee at the post office and have a receipt to bring to your interview.
- Your passport is valid and has at least one blank “Visa” page.
- You have two photos that meet the photo requirements.
- You have the original I-797 form from USCIS showing that the petition has been approved. (Applicants for H-2b visas only need to bring a copy of the I-797 form.)
- You have a copy or original of the complete petition submitted to USCIS and the documents submitted in support of the petition, such as diploma and transcripts, the Labor Certification, and a letter of support from your sponsor.
- If you are applying for H-4 derivative visas for your spouse and/or children, you have all of the documents, fees, and photos listed above, as well as marriage and birth certificates proving your relationship and proof of your ability to financial support your family while in the United States.
- If you have lived in the United States, you have previous I-797, I-20, or DS-2019 forms or proof of previous study or work visa status.
- You have previous passports with U.S. visas or a list of entries and exits from the Ministry of Interior to bring to your interview.
- If you have a scientific or technical background, you have the required letters and CV to bring to your interview.
At the Interview
At the visa interview, the consular officer will ask you to present all your documents and passport and will ask about the work you intend to perform in the United States and your qualifications for this work. Please be prepared to answer these questions honestly and thoroughly, and the consular officer in turn will make the decision about your eligibility based on your answers and the documents you present.
Sometimes it may be necessary for the consular officer to take a few days to review the details of your application and supporting documents. If this is the case, the officer will return your passport to you and the Embassy will call you as soon as possible for further questions or to issue your visa.
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