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You Are In: Home > Consular Affairs > Visa |
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General Information Application Process Visa Types Business/Tourist Student/Exchange Work |
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FREQUENTLY ASKED QUESTIONS: Work visas
Can I work in the United States on my B1/B2 visa?You are generally prohibited from working work in the United States on a tourist B1/B2 visa. The B1 visa classification allows travel for business meetings, to negotiate contracts, attend conferences and seminars, and engage in other related business activites, not to engage in skilled or unskilled labor. See our page on B1/B2 visas for more information on the type of work allowed on B1/B2 visas. You may not enter the United States on a B1/B2 visa to start working for an employer in the United States. Individuals found to be working in the United States on B1/B2 visas will be deported and may not be eligible for further visas to the United States for a certain period of time, depending on the circumstances. If you intend to work in the United States for an American employer, you must obtain a work visa. I would like to work in the United States. How can I apply for a work visa?In order to receive a work visa you must first have an offer for a job in the United States. In most cases, your future employer will need to file a petition on your behalf (H, L, O, P, Q). If you are applying as a religious worker, you do not need a petition, but you must bring a copy of a contract between you and the organization. See the individual pages for each type of work visa for more information. I have an I-797 approval notice from USCIS. Do I still need a visa?Yes, you still need to apply for a visa. The I-797 approval notice gives you permission to work in the United States; the visa gives you permission to request entry into the United States to work. If you are already in the United States when you receive the approval notice, you will not need to get a visa until you leave the United States. Can I apply for an H visa (or L or P) without an I-797 approval notice?No. Until your petition for H (or L, P, etc) work status has been approved by USCIS, you may not apply for a visa. You should bring the original approval notice to the Embassy for your visa interview. The consular officer took my I-797 approval notice when my visa was approved. Will I get it back?Yes. The I-797 will be returned to you with your passport and visa. At the airport, the immigration inspector may ask to see the approval notice in the process of admitting you to the United States. I work in the United States. Do I need to come back to Israel to apply for an extension of my visa?As long as you have a valid I-797 approval notice extending your work status, you do not need to renew your visa until you plan to travel outside the United States. You will need a new visa to reenter the United States if you have changed jobs, if your visa has expired, or if you first entered the United States on different visa category, such as a tourist or student visa. In this case you should apply for a new visa. We recommend that Israeli citizens living in Israel apply for their visas in Israel before moving to the United States. I have a valid work visa but have moved back to Israel. Do I need a different visa to go back to the U.S.?If you have returned to Israel after working for a company in the United States and are no longer employed by that U.S. company, you should apply for a B1/B2 tourist visa to travel for business or tourism. However, if you are still working for the same U.S.-based company in the same capacity but have relocated to Israel and will be traveling back and forth between Israel and the United States for work, you can continue to travel on your valid work visa. I have a valid work visa but I have changed jobs in the U.S. Do I need a new visa?You will need a new visa when you next try to reenter the United States. If you are working for a new company, you should have received a new I-797 approval notice from USCIS authorizing you to work for the new company. You should bring the original of this approval notice, as well as copies of previous approval notices, to your visa interview at the Embassy. You do not need to apply for a new visa until you plan to travel outside the United States. The new I-797 approval notice gives you status to work in the United States for the new company. Can my spouse work or study on a derivative visa?Spouses of H, I, O, P, R visa holders may study while in the United States but are not permitted to work. Can my children go to public school on a derivative visa?Children of A, E, G, H, I, L, O, and P visas holders may study at public schools while the principal applicant is in status in the United States. They do not need to obtain F-1 visas. At my interview the consular officer asked for additional documents. Isn’t the I-797 approval notice enough?We recommend that you bring all documents related to your visa status to the interview, such as the full I-129 petition including the letter of support from your U.S. employer, copies or originals of your university degrees, etc. An approved petition is not a guarantee that you will receive a visa. It is the duty of the consular officer to thoroughly examine your documents to make sure that you are eligible for the type of visa that you are requesting. Do I need approval from USCIS to work as a religious worker?No, you do not need to petition with USCIS to receive a religious worker visa. You need to schedule a visa interview and bring the required documents, including a contract with the organization you will be working for in the United States. Some religious workers do receive approval from USCIS for R status. USCIS approval is not a guarantee that you will be eligible for an R visa, however. It is the duty of the consular officer to determine whether an applicant is eligible for this type of work visa. I am not an Israeli citizen. Can I apply for a visa in Israel?While applicant of any nationality can apply for a visa in Israel, it will be more difficult for a consular officer to determine your eligibility if you are not a resident of Israel. We suggest you apply in the country where you currently reside. However, if you do live in Israel, you can apply for a visa in Israel if you bring documents showing your ties to Israel, such as a job, school, or family. You should also expect questions about your ties to your home country as well. My group will perform in the United States. Do we need a work visa?If you are an individual or a member of a professional group performing in the United States, your agent or the organization bringing you to the United States must first petition for you with USCIS to receive a P visa. However, amateur groups, such as school groups, who will be performing in the United States for nonpaying audiences need only tourist B1/B2 visas. During my visa interview, I was told that my application required additional processing that would last several weeks. What does that mean, and how long will I have to wait?The time required for administrative processing varies with each case. Be assured that we work hard to process all visa applications to conclusion as quickly as possible. In general the process takes 4-6 weeks, though sometimes the processing can last longer or be completed in much less time. |
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