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    The H-1B visa is a temporary nonimmigrant work visa in the U.S. for a person who wishes to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.

    Eligibility Requirements

    1. A valid job offer from a U.S. employer for job requiring specialized knowledge;
    2. Proof of a bachelor’s degree or higher or equivalent experience in the field or the foreign equivalent in the specialty;
    3. Labor Condition Application (LCA) submitted by the employer and certified by the Department of Labor demonstrating:
      1. Employer’s ability to pay no less than the prevailing wage paid to similarly qualified workers or, if greater, the prevailing wage for the position in the geographic area in which the H-1B worker will be working;
      2. The employer/agent will provide working conditions that will not adversely affect other similarly employed workers;
      3. At the time of the labor condition application there is no strike or lockout at the place of employment;
      4. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of employment.
    There are special provisions for H-1B2 DOD Researcher and Development Project Worker and H-1B3 Fashion Models not listed above.

    H-2A Visa

    The H-2A visa is a nonimmigrant work visa for a foreign national to work in the U.S. sponsored by a U.S. employer, agent or association of U.S. agricultural producers named as a joint employer, that meet specific regulatory requirements to bring foreign nationals to the U.S. to fill temporary agricultural jobs. 

    To qualify for H-2A nonimmigrant classification, the petitioner must:
    • Offer a job that is of a temporary or seasonal nature.
    • Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
    • Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
    • Generally, submit a single valid temporary labor certification from the U.S. Department of Labor with the H-2A petition. (exceptions apply)

    H-2B

    The H-2B visa is nonimmigrant work visa for a foreign national to work in a temporary nonagricultural job in the U.S. sponsored by a U.S. employer or agent.
     
    To qualify for H-2B nonimmigrant classification, the petitioner must establish that:
    • Not enough U.S. workers are able, willing, qualified, and available to do the seasonal work; and
    • Employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers; and
    • The need for the services or labor is temporary or seasonal, based on peak load or intermittent need; and
    • Provide a single valid temporary labor certification from the U.S. Department of Labor.
    There are special provisions for workers who will be employed on Guam not listed above.

    H-3

    The H-3 nonimmigrant visa category for foreign nationals to come temporarily to the U.S. as either a:
    • Trainee to receive job-related training in any field of endeavor, other than graduate medical education or training, that is not available in the noncitizen’s home country, for work that will ultimately be performed outside of the U.S.; or
    • Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
    To obtain H-3 classification, a U.S. employer or organization must prove that:
    1. The proposed training is not available in the noncitizen’s native country;
    2. The noncitizen will not be placed in a position which is in the normal operation of the business and in which U.S. citizens and resident workers are regularly employed;
    3. The noncitizen will not engage in productive employment unless such employment is incidental and necessary to the training; and
    4. The training will benefit the beneficiary in pursuing a career outside the United States; and
    5. Submit a comprehensive statement about the training and supervision that:
    • Describes the type of training and supervision to be given, and the structure of the training program;
    • Sets the proportion of time that will be devoted to productive employment;
    • Shows the number of hours that will be spent, respectively, in classroom instruction and in on –the-job training;
    • Describes the career abroad for which the training will prepare the noncitizen;
    • Indicates the reasons why such training cannot be obtained in the noncitizen’s country and why it is necessary for the noncitizen to be trained in the United States; and
    • Indicates the source of any remuneration received by the trainee and any benefit which will accrue to the employer/organization for providing the training.
    To obtain H-3 “special education exchange visitor”, a facility which has professionally trained staff and a structured program for providing education to children with disabilities, and for providing training and hands-on experience to participants in the special education exchange visitor program must:
    1. Submit an application that describes:
    • The training the noncitizen will receive;
    • The facility’s professional staff; and
    • The noncitizen’s participation in the training program; and
    2. Show in the petition that the special education exchange visitor is:
    • Nearing the completion of a baccalaureate or higher degree program in special education; or
    • Has already earned a baccalaureate or higher degree in special education;  or
    • Has extensive prior training and experience teaching children with physical, mental or emotional disabilities.

    There may be additional or special provisions beyond the information listed above.

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