Visas to the U.S.

WORK VISAS

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, that he or she can use to apply for the visa.

For more information about work visas, see the USCIS website http://www.uscis.gov/.

For specific information on different types of work visas, please choose from one of the categories below:

CREW MEMBER VISAS

The crewmember visa (D visa) allows people who work on ships or with airlines to enter the United States when their ship or airplane arrives at a U.S. port or airport. Crewmembers that must travel to the United States for the purpose of joining their ship or airplane need a combination transit/crewmember visa (C1/D). D and C1/D visa applicants must present an employment letter from the company for whom they work.

All crewmember visa applicants must use the appointment system.

At the visa interview, a crewmember visa applicant must present the following:

• a fully completed, signed DS-156 application form;
• a completed DS-157 if the applicant is a male between 16 and 45 years of age;
• a passport valid for at least six months after the date on which the applicant plans to depart the U.S;
• $131 application fee;
• a passport-type photograph (see photo requirements - Adobe Acrobat (25 Kb) or Microsoft Word (112 Kb) - for specifications);
• letter of employment (original copy). If the applicant is requesting a C1/D visa to join the ship or aircraft in the U.S., the letter must state when and where the applicant is expected to arrive in the U.S; and
• if applicable, copy of the applicant's seaman's book.

Crew members who also wish to apply for a B-2 tourist visa must pay a separate $100 visa processing fee, and inform the consular officer at the time of the interview that they are applying for two visas. Crewmembers who are applying for their very first C1/D visa are less likely to be approved for a tourist visa than those who can demonstrate that they have already properly traveled on a C1/D visa.

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 Form I-797 Notice Of Action, 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. At the visa interview, a specialty occupation visa applicant must present the following:

• a fully completed, signed DS-156 application form for each applicant (including children);
• a completed DS-157 if the applicant is a male between 16 and 45 years of age;
• a passport valid for at least six months after the date on which the applicant plans to depart the U.S. (note: If more than one person is included in the passport, each person desiring a visa must make a separate application);
• $131 application fee for each person (including children);
• a passport-type photograph (see photo requirements - Adobe Acrobat (25 Kb) or Microsoft Word (112 Kb) - for specifications); and
• original Form I-797 Notice of Approval.

At the visa interview, applicants for an H-1B visa must also demonstrate that they posses 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.

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 Form I-797 Notice Of Action, 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.

At the visa interview, a qualified temporary worker visa applicant must present the following:

• a fully completed, signed DS-156 application form for each applicant (including children);
• a completed DS-157 if the applicant is a male between 16 and 45 years of age;
• a passport valid for at least six months after the date on which the applicant plans to depart the U.S. (note: If more than one person is included in the passport, each person desiring a visa must make a separate application);
• $131 application fee for each person (including children);
• a passport-type photograph (see photo requirements - Adobe Acrobat (25 Kb) or Microsoft Word (112 Kb) - for specifications); and
• original Form I-797 Notice of Approval.

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 experience necessary 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.

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 Form I-797 Notice Of Action, 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.

At the visa interview, a training visa applicant must present the following:

• a fully completed, signed DS-156 application form for each applicant (including children);
• a completed DS-157 if the applicant is a male between 16 and 45 years of age;
• a passport valid for at least six months after the date on which the applicant plans to depart the U.S. (note: If more than one person is included in the passport, each person desiring a visa must make a separate application);
• $131 application fee for each person (including children);
• a passport-type photograph (see photo requirements - Adobe Acrobat (25 Kb) or Microsoft Word (112 Kb) - for specifications); and
• original Form I-797 Notice of Approval.

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, 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 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 United States.

MEDIA REPRESENTATIVE VISAS

The media representative visa (I visa), sometimes referred to as an "information visa," is issued to foreign nationals entering the United States as bona fide representatives of a foreign press, radio, film, or other information medium having its home office in a foreign country. Duly accredited representatives of a tourist bureau operated by a foreign government also qualify for I visas. Applicants for I visas do not need an approved petition filed by their employer with the USCIS. They can apply for the visa directly with the Embassy or Consular Office in the country where they reside.

At the visa interview, a media representative visa applicant must present the following:

• a fully completed, signed DS-156 application form for each applicant (including children);
• a completed DS-157 if the applicant is a male between 16 and 45 years of age;
• a passport valid for at least six months after the date on which the applicant plans to depart the U.S. (note: If more than one person is included in the passport, each person desiring a visa must make a separate application);
• $131 application fee for each person (including children);
• a passport-type photograph (see photo requirements - Adobe Acrobat (25 Kb) or Microsoft Word (112 Kb) - for specifications); and
• proof that the applicant is currently employed with the foreign press, radio, film, government tourist bureau, or other information medium.

U.S. Port of Entry
Visitors entering the United States as bona fide representatives of a foreign press, radio, film, or other information medium having its home office in a foreign country, and duly accredited representatives of a tourist bureau operated by a foreign government enter the United States without an I visa in their passport, even if they are from visa waiver countries. Media representatives who attempt to enter the U.S. on a business/tourist visa (B1/B2 visa) or under the visa waiver program will be turned back at the port of entry.

Family Members
Spouses and unmarried minor children of I applicants may apply for derivative I visas to accompany or follow the principal I 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 visit ends. Spouses and children of H-3 visa holders may not accept employment at any time.

INTRA-COMPANY TRANSFER VISAS

The intra-company transfer visa (L visa) is issued to employees of multi-national firms that have offices in the United States to allow the employee to work temporarily for the company in the U.S. In some cases, multi-national firms are allowed to use other visa classifications to send their employees to the United States. Any questions regarding this process should be forwarded to the Consular Section of the U.S. Embassy.

In order to receive L 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 L worker. After the petition has been approved, the USCIS will send the applicant a Form I-797 Notice of Action, 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 intra-company transfer visa applicants must use the appointment system.

At the visa interview, an intra-company transfer visa applicant must present the following:

• a fully completed, signed DS-156 application form for each applicant (including children);
• a completed DS-157 if the applicant is a male between 16 and 45 years of age;
• a passport valid for at least six months after the date on which the applicant plans to depart the U.S. (note: If more than one person is included in the passport, each person desiring a visa must make a separate application);
• $131 application fee for each person (including children);
• a passport-type photograph (see photo requirements - Adobe Acrobat (25 Kb) or Microsoft Word (112 Kb) - for specifications); and
• original Form I-797 Notice of Approval.

At the visa interview, applicants for an L visa must also demonstrate that they are an employee of a multi-national firm; that they have been employed overseas by the transferring organization for at least one year within the past 3 years and that they will be performing duties in the U.S. for the same employer or a subsidiary or affiliate; that the position is managerial or executive or involves some specialized knowledge; and that they intend only a temporary stay in the U.S.

Prior Holders of a J Visa
Intra-company transfer 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 L 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 L 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 L-1 applicants may apply for derivative L-2 visas to accompany or follow the principal L-1 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 L-1 visa holders may not accept employment at any time. School-age minor children may attend public schools on L-2 status, and are required to attend school if residing in the United States.

ENTERTAINER VISAS

The entertainer visa (P-3 visa), also known as a culturally unique artist visa, is issued to foreign nationals entering the United States principally to perform, teach, or coach as an artist or entertainer, individually or as part of a group under a commercial or noncommercial program that is culturally unique. The Embassy cannot assist an applicant in finding employment in the United States.

In order to receive P-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 P-3 worker. After the petition has been approved, the USCIS will send the applicant a Form I-797 Notice Of Action, 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 entertainer visa applicants must use the appointment system.

At the visa interview, an entertainer visa applicant must present the following:

• a fully completed, signed DS-156 application form for each applicant (including children);
• a completed DS-157 if the applicant is a male between 16 and 45 years of age;
• a passport valid for at least six months after the date on which the applicant plans to depart the U.S. (note: If more than one person is included in the passport, each person desiring a visa must make a separate application);
• $131 application fee for each person (including children);
• a passport-type photograph (see photo requirements - Adobe Acrobat (25 Kb) or Microsoft Word (112 Kb) - for specifications); and
• original Form I-797 Notice of Approval.

At the visa interview, applicants for a P-3 visa may also be asked to prove that they are qualified as a culturally unique artist. They may be asked to bring in proof that they have the necessary experience in the artistic field in which they want to perform.

Family Members
Spouses and unmarried minor children of P-3 applicants may apply for derivative P-4 visas to accompany or follow the principal P-3 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 P-3 visa holders may not accept employment at any time.

RELIGIOUS VISAS

The religious visa (R visa) is issued to foreign nationals entering the United States solely to work for a bona fide nonprofit religious organization or denomination as a minister of religion or in a religious vocation or occupation. The religious organization must have a presence in both the United States and the applicant's country of residence, have tax-exempt status in the United States as a 501(C) organization, and have sufficient funds to support the applicant and any dependents while in the U.S. The applicant must have been a bona fide member of the same nonprofit religious organization in his country of residence for at least two years immediately preceding the time of his first application. Applicants who have already spent 5 years in the U.S. in this classification must physically reside outside of the U.S. for one year immediately prior to any future R visa application. Applicants for R visas do not need an approved petition filed by their employer with the USCIS. They can apply for the visa directly with the Embassy or Consular Office in the country where they reside.

At the visa interview, a religious visa applicant must present the following:

• a fully completed, signed DS-156 application form for each applicant (including children);
• a completed DS-157 if the applicant is a male between 16 and 45 years of age;
• a passport valid for at least six months after the date on which the applicant plans to depart the U.S. (note: If more than one person is included in the passport, each person desiring a visa must make a separate application);
• $131 application fee for each person (including children);
• a passport-type photograph (see photo requirements - Adobe Acrobat (25 Kb) or Microsoft Word (112 Kb) - for specifications); and
• original letter of invitation from the religious organization in the U.S.;
• contract with the religious organization that includes the name of the applicant, the salary paid by month/year, and a detailed description of the job duties and daily activities to be performed;
• most recent U.S. federal income tax return of the religious organization, or the organization's 501(c)(3) tax exempt letter from the IRS; and
• original letter from the Romanian-based affiliate of the religious organization stating how long the applicant has been an active member of the organization and describing his involvement with the organization.

At the interview, applicants for an R visa must also prove that the religious organization in the United States can afford to pay the applicant a sufficient salary while in the U.S. Though there is no requirement for applicants to prove that they have a residence abroad that they do not intend to abandon, applicants must still demonstrate that they will have sufficient finances for their support without recourse to employment other than the religious work for which the visa is granted. They may be asked to present financial and membership documents (number of employees and wages paid, bank accounts, etc.) from the religious organization in the United States.

Family Members
Spouses and unmarried minor children of R-1 applicants may apply for derivative R-2 visas to accompany or follow the principal R-1 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 R-1 visa holders may not accept employment at any time. School-age minor children may attend public schools on R-2 status, and are required to attend school if residing in the United States.