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Temporary Visas

A Selected Chapter From Immigration Made Simple,
An Easy to Read Guide to the U.S. Immigration Process
(5th Edition)

Barbara Brooks Kimmel and
Alan M. Lubiner, Immigration Attorney

January 2000

G-1 thru G-5. Representatives to International Organizations

Similar to "A" visas, "G" visas are issued to representatives of international organizations like the United Nations and World Bank, as well as missions. Family members, staff and servants are also eligible for this category. The application is usually handled directly by the sponsoring organization.

H. Temporary Worker 

This is a very broad visa category and covers several different types of temporary workers including: aliens in specialty occupations; farm workers and other temporary nonagricultural workers; trainees; and family members of "H" visa holders. The categories will be described in numerical order.

H-1A. Nurses 

This visa was previously available to foreign nurses. It became available in December 1989, because of a shortage of qualified nurses in the U.S. In addition to separating nurses into their own "H" category, the Immigration Nursing Relief Act of 1989 (INRA) also provided for certain nurses already in the U.S. to convert to permanent residence. Finally, INRA set up a five-year program, commencing September 1, 1990, where the petitioning health-care facility provided certain documentation to the Department of Labor. This program expired on September 1, 1995. After September 1, 1995 nurses already in H-1A status were permitted to remain in that status and extend their stay to a maximum of six years. Nurses applying after September 1, 1995 are now included in the H-1B category, and must meet all H-1B criteria to be eligible.

H-1B. Aliens in Specialty Occupations 

"Aliens in specialty occupations" (professionals) who have a temporary job offer in the U.S. may be eligible for H-1B classification. Note that artists and entertainers were removed from this category under the Immigration Act of 1990.

The maximum period of stay in H-1B status is six years. The numerical ceiling of 65,000 annual H-1B petitions was revised in October 1998 under the Omnibus Appropriations Bill. The annual cap has been raised to 115,000 for fiscal years 1999 and 2000, and 107,500 for fiscal year 2001. The cap returns to 65,000 in fiscal year 2002.

The new law also created an additional fee of $500.00 to fund education, training and scholarship programs for U.S. workers (the American Competitive and Workforce Improvement Act fee- ACWIA). Employers are responsible for paying this fee, and cannot request payment or seek reimbursement from employees.

The BCIS (formerly INS) definition of "specialty occupation" is: "one that requires theoretical and practical application of a body of highly specialized knowledge; and the attainment of a bachelor's degree or higher in the specific specialty as the minimum for entry into the occupation in the U.S."

As indicated above, prospective H-1B employers are required to file a labor attestation, Form ETA-9035 "Labor Condition Application for H-1B Nonimmigrants", with the Employment and Training Administration of the U.S. Department of Labor. 

The BCIS (formerly INS) regulations require the employer to prove the following:

  • That H-1B nonimmigrants and other workers in similar jobs will be paid the actual wage for the occupation at the place of employment, or the prevailing wage level for the occupation in that geographic area, whichever is higher. The employer must use either a State Employment Service (SESA) determination or a wage survey, and indicate the source of the prevailing wage information
  • That the employment of H-1B workers will not impact adversely on the working conditions of other people similarly employed in that geographic area
  • That there is no strike, lockout or work stoppage in the occupation at the place of intended employment
  • That notice of the filing of the H-1B application has been given to workers at the place of intended employment through a bargaining representative, or if not applicable, through a posted notice of the filing at the place of intended employment. 

The company that is offering the temporary employment must first file a visa petition with the Regional BCIS (formerly INS) Service Center in the U.S. The application consists of:

  1.  An approved Labor Attestation from the Department of Labor
  2.  Form I-129-Petition for a Nonimmigrant Worker 
  3.  Proof of the alien's academic qualifications and professional experience-university degrees, letters of reference, etc. 
  4.  A letter from the company describing the company, the temporary job to be filled, including why it requires at least a bachelor's degree, and why the alien is particularly qualified, as well as a statement that the employer will pay for the alien's return trip abroad if the employment is terminated before the authorized stay expires
  5.  Filing fee of $110.00
  6.  ACWIA fee of $500.00. 

The BCIS (formerly INS) will review the application and issue an approval notice to the company. The BCIS (formerly INS) should also cable notice of approval to the American Consulate where the alien will apply for the visa. Approval can be granted for an initial period of three years. Extensions of H-1 status can routinely be obtained for an additional three years (maximum stay in H-1 status is six years). The BCIS (formerly INS) processing time for H-1 petitions varies, but is usually not more than one to two months.

Once the company receives the approval notice, the bottom half should be forwarded to the alien so that visa application can be made at the American Consulate. This consists of:

  1.  Optional Form 156- Nonimmigrant Visa Application 
  2.  Passport photograph
  3.  Original H-1B approval notice receipt issued by the BCIS (formerly INS). 

The alien should obtain a complete copy of the H-1 application prior to applying for the visa. When the application is made, the alien should be able to affirm that he or she will remain in the U.S. temporarily. The visa is normally granted for three years. Spouses and minor children are issued H-4 visas, which are not valid for employment in the U.S.

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