Non-Immigrant Visa Types
Work Visas (H)
Foreign nationals are not allowed to work in the United States without prior authorization from the United States Citizenship and Immigration Service (USCIS). In some cases, blanket authorization has been given for certain types of visas (for example, for members of certain ships or airline carriers). However, in most cases, an American company or business must file a work petition with the USCIS in the applicant's name. After the petition has been approved, a Form I-797 Notice of Approval will be sent to the applicant, which he or she can use to apply for the visa.
For more information about work visas, see the USCIS website http://www.uscis.gov/.
IMPORTANT: For petition-based work visa applicants (H-1B, H-2B, H-2A, L-1, O1, P-1, P-2, P-3, R), when making visa interview appointments, please send us an e-mail at Chisinau-CA@state.gov with your name and approved petition number. For example: Popescu, Ion; Petition No: EAC-08-123-45678
For specific information on different types of work visas, please choose from one of the categories below:
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SPECIALTY OCCUPATION VISAS
The Immigration and Nationality Act provides for a certain number of specialty occupation visas (H-1B visas) to be issued each year. The work performed must be in fields such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts. The Embassy cannot assist an applicant in finding employment in the United States.
In order to receive H-1B status, the sponsoring employer in the United States must file a labor condition application (LCA) with the Department of Labor attesting to several items, including payment of prevailing wages for the position, and the working conditions offered. The employer must then file an I-129 petition with the USCIS and, unless specifically exempt under the law, an additional $500 fee to sponsor the H-1B worker. After the petition has been approved, the USCIS will send the applicant a Notice of Action, Form I-797, with which the applicant can apply for the visa. The USCIS currently has an expedited service for filing these kinds of petitions. To learn more about the petition approval process and expedited processing, see the USCIS website at http://www.uscis.gov/.
All specialty occupation visa applicants must use the appointment system. Applicants for a specialty occupation visa must bring all documents included on the Supporting Documentation and also present an original Form I-797 Notice of Approval.
Dependents applying separately: Submit a copy of the I-797, together with a copy of the principal applicant's visa and birth or marriage records showing relation to principal applicant, if applying separately.
At the visa interview, applicants for an H-1B visa must also demonstrate that they possess the highly specialized knowledge required of the position for which they have been hired and they have completed a bachelor's or equivalent degree in the specialty, or have experience equivalent to such a degree. They may be asked to present their bachelor's degree, job letters, or other proof that they have the necessary experience in the field in which they want to work.
Prior Holders of a J Visa
Specialty occupation visa applicants who have been to the United States previously on a J visa program may be subject to the two-year foreign residency requirement when applying for an H-1B visa. If that is the case, and the applicant has not yet spent two years outside the United States, he or she must obtain a waiver of the two-year foreign residency requirement before the H-1B visa can be issued. For more information, see the State Department website at http://travel.state.gov.
Family Members
Spouses and unmarried minor children of H-1B applicants may apply for derivative H-4 visas to accompany or follow the principal H-1B visa holder. Each family member must meet all other visa eligibility requirements, including evidence that they will have sufficient funds for their support, and that they will depart the U.S. when the principal applicant's approved work period ends. Spouses and children of H-1B visa holders may not accept employment at any time. School-age minor children may attend public schools on H-4 status, and are required to attend school if residing in the United States.
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QUALIFIED TEMPORARY WORKER VISAS
The Immigration and Nationality Act provides for a certain number of qualified temporary worker visas (H-2B visas) to be issued each year. The work performed must be temporary in nature, not to exceed three years, and U.S. workers must be unavailable at the time and place that the work is required. Examples of qualified temporary work include agricultural work during peak seasons and seasonal resort work, such as ski instruction. Employers may not import foreign workers for temporary periods to occupy a permanent position. The Embassy cannot assist an applicant in finding employment in the United States.
In order to receive H-2B status, the sponsoring employer in the United States must file a labor condition application (LCA) with the Department of Labor attesting to several items, including payment of prevailing wages for the position, and the working conditions offered. The employer must then file an I-129 petition with the USCIS and, unless specifically exempt under the law, an additional $500 fee to sponsor the H-2B worker. After the petition has been approved, the USCIS will send the applicant a Notice of Action, Form I-797, with which the applicant can apply for the visa. The USCIS currently has an expedited service for filing these kinds of petitions. To learn more about the petition approval process and expedited processing, see the USCIS website at http://www.uscis.gov/.
All qualified temporary worker visa applicants must use the appointment system.
Applicants for a temporary worker visa must bring all documents included on the Supporting Documentation and also present an original Form I-797 Notice of Approval.
Dependents applying separately: Submit a copy of the I-797, together with a copy of the principal applicant's visa and birth or marriage records showing relation to principal applicant.
At the visa interview, applicants for an H-2B visa must also prove that they are applying for a job that is temporary in nature and that they have the necessary experience for the position. They may be asked to present educational documents, job letters, or other proof that they have the necessary experience in the field in which they want to work.
Family Members
Spouses and unmarried minor children of H-2B applicants may apply for derivative H-4 visas to accompany or follow the principal H-2B visa holder. Each family member must meet all other visa eligibility requirements, including evidence that they will have sufficient funds for their support, and that they will depart the U.S. when the principal applicant's approved work period ends. Spouses and children of H-2B visa holders may not accept employment at any time. School-age minor children may attend public schools on H-4 status, and are required to attend school if residing in the United States.
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TRAINING VISAS
The training visa (H-3 visa) is issued to foreign nationals entering the United States principally for training purposes, for which they will be paid a salary. Such trainees can be in any field, as long as that training is not designed primarily to provide productive employment. The Embassy cannot assist an applicant in finding training or employment in the United States.
In order to receive H-3 status, the sponsoring employer in the United States must file a labor condition application (LCA) with the Department of Labor attesting to several items, including payment of prevailing wages for the position, and the working conditions offered. The employer must then file an I-129 petition with the USCIS and, unless specifically exempt under the law, an additional $500 fee to sponsor the H-3 worker. After the petition has been approved, the USCIS will send the applicant a Notice of Action, Form I-797, with which the applicant can apply for the visa. The USCIS currently has an expedited service for filing these kinds of petitions. To learn more about the petition approval process and expedited processing, see the USCIS website at http://www.uscis.gov.
All training visa applicants must use the appointment system.
Applicants for a training visa must bring all documents included on the Supporting Documentation and also present an original Form I-797 Notice of Approval.
Dependents applying separately: Submit a copy of the I-797, together with a copy of the principal applicant's visa and birth or marriage records showing relation to principal applicant.
At the visa interview, applicants for an H-3 visa must also prove that they are qualified for the training for which they are applying. They may be asked to present educational documents, job letters, or other proof that they have the necessary experience in the field in which they want to be trained.
Family Members
Spouses and unmarried minor children of H-3 applicants may apply for derivative H-4 visas to accompany or follow the principal H-3 visa holder. Each family member must meet all other visa eligibility requirements, demonstrate sufficient funds for their support, and show that they will depart the U.S. when the principal applicant's approved training period ends. Spouses and children of H-3 visa holders may not accept employment at any time. School-age minor children may attend public schools on H-4 status, and are required to attend school if residing in the U.S.