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Nonimmigrant Visa

   
 
       
     
       
     
       
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Frequently Asked Questions (FAQs) on VisaPoint
Please read this section BEFORE submitting any questions to the Embassy

 
       
    Early Appointments and Emergency Travel  
       
    Demonstrating Ties  
       
    If Visa Is Issued  
       
    Visa Classifications  
    Diplomatic/Official (A/C-3/G)  
   
  Personal Employee (A-3/G-5)
 
    Visitor (B-1/B-2)  
   
  Visas for Medical/Family Emergencies
 
   
  Priority Interview Program
 
   
  Personal Employee (B-1)
 
    Crewmembers Working on Outer Continental Shelf (B-1/OCS) and Yacht (B-1)  
    Transit (C-1)  
    Crewmember (C-1/D)  
   
  Seafarer Recruitment Agency Accreditation
 
    Treaty Trader (E1)
Treaty Investor (E2)
 
    Student (F/M) and Exchange Visitor (J)  
    Temporary Worker (H/L)  
    Members of the Media (I)  
    Fiancé/e of U.S. Citizen (K-1) and Child of K-1 (K-2)  
    Spouse and/or Child of US Residents/Legal Permanent Resident (K-3, K-4, V)  
    Temporary Worker of Extraordinary Ability in Sciences, Arts, Education, Business, or Athletics (O)  
    Entertainers, Athletes and other performers (P)  
    Participant in an International Cultural Exchange Program (Q)  
    Temporary Religious Worker (R)  
    NAFTA Derivative (TD)  
       
  Other Visa Matters  
   

Medical Examinations Requirements

 
    Cancelled Visa  
    Change in Marital Status  
    Change in Nationality  
    Change in Visa Annotation  
    Change of Name  
    Damaged Visa  
    Erroneous Visa  
    Falling Off Or Detached Visa  
    Lost Visa  
    Multiple-Entry, Indefinite Visas  
    Overstay  
    Visa on Expired Passport/Visa Transfer  
    Visa Validity Extension  
    Frequently Asked Questions (FAQs). Please read this section BEFORE submitting any questions to the Embassy  
       
  General Information  
   

Visa Waiver Program

 
    Visa Reciprocity and Country Documents  
    Traveling to and from the Carribean, Bermuda, Panama, Mexico or Canada  
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    Returning Form I-94, Arrival/Departure Card  
       
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    221(g) Temporary Refusal  
    214(b) Refusal -- Understanding Visa Denials  
    Ineligibilities and Waivers  
       
  Useful Links  
    Visa Information  
    U.S. Department of State  
   

U.S. Department of Homeland Security

 
   
  U.S. Customs and Border Protection
 
   
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  U.S. Immigration and Customs Enforcement
 
       
       
   

CONTACT DETAILS

 
       
 
 
Temporary Worker Visas (H and L)
 
     
 

To be eligible for an H (Temporary Workers and Trainees) or L (Intra-company Transferee) visa, the applicant must be a beneficiary of Form I-129, Petition for Nonimmigrant Worker, filed by the prospective employer and approved by the U.S. Citizenship and Immigration Services (USCIS).

 
     
     
  CLASSIFICATIONS OF TEMPORARY WORKERS  
     
 

H-1B classification applies to persons in a specialty occupation, which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. This classification requires a labor attestation issued by the Secretary of Labor. This classification also applies to Government-to-Government research and development, or co-production projects administered by the U.S. Department of Defense.

H-2A classification applies to temporary or seasonal agricultural workers.

H-2B classification applies to temporary or seasonal nonagricultural workers.

H-3 classification applies to trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children.

L-1 class ification applies to intra-company transferees who, within the three preceding years, have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the United States in a managerial, executive, or specialized knowledge capacity.

 
     
     
  DERIVATIVES  
     
  The spouse and unmarried children under age 21 of the H and L visa holder may be given H-4 and L-2 visas respectively, if they seek to accompany or follow to join the primary visa holder. Once the petition is approved, the USCIS sends a Form I-797, Notice of Approval, to the employer.   
     
     
  HOW TO APPLY  
     
  To apply, please check the Nonimmigrant Visa Application Procedures page. In addition to the basic documentary requirements, as specified on the application procedures Step 2 , the applicant must submit/comply with the following additional documentary requirements:  
     
  FOR PRINCIPAL APPLICANTS  
     
  H-1B (Specialty Occupation)
L-1 (Intra-company Transferee)
 
     
 
  1. Copy of Form I-129 (Petition for Nonimmigrant Worker)
     
  2. Original of Form I-797 (Notice of Approval )
     
  3. Copy of Labor Conditions Application certification from the U.S. Department of Labor(for H-1B only)
     
  4. Copy of all supporting documents as filed with the USCIS
     
  5. Original signed employment contract or a signed offer and acceptance letter specifying terms and conditions of employment, as well as salary
     
  6. Proof of current or previous employment/experience and pay slips from related jobs that confirm the applicant's abilities to meet the job requirements in the United States
     
  7. Professional license in the Philippines or in the United States, if applicable
     
  8. Original of credentials like school transcripts and diploma
     
  9. Two-year residency requirement waiver for J-1 visa holder, if applicable. (Commission in Filipino Overseas’ Guidelines and Procedures on the Waiver of the Two-Year Country Residency Requirement for Exchange Visitors)
     
  10. Proof of payment of $500 Fraud Prevention and Detection fee for blanket L petitions.  (This fee may be paid at the time of visa approval in U.S. dollar, Philippine peso, credit card, traveler’s check or U.S. postal money order, at Window C-1 located at the Immigrant Visa Unit interviewing area of the U.S. Embassy – Manila.  Window C-1 is open Monday through Friday, from 7:00 a.m. to 3:00 p.m.)
 
     
 

For H-1/L-1 visa renewal, in addition to the above documents:

 
     
 
1. All previously issued Form I-797 (Notice of Approval)
   
2. Copies of at least last three months pay slips
   
3. Copies of at least last three months bank statements
   
4. Copy of latest income tax return
 
     
 

H-2A (Temporary Agricultural Worker)
H-2B (Temporary Non-Agricultural Worker)
H-3 (Trainee)

 
     
 
  1. Copy of Form I-129 (Petition for Nonimmigrant Worker)
     
  2. Original Form I-797 (Notice of Approval ) – A copy will suffice if the employer has filed a blanket petition
     
  3. Copy of all supporting documents as filed with the USCIS
     
  4. Copy of the signed employment contract or a signed offer and acceptance letter specifying terms and conditions of employment, as well as salary
     
  5.

Copy of temporary agricultural labor certification with the U.S. Department of Labor (for H-2A)

Or

Copy of temporary labor certification issued by the U.S. Department of Labor or the Government of Guam, or a notice from one of these agencies that such a certification cannot be made (for H-2B or H-3)
     
  6. Original of credentials like school transcripts and diploma
     
  7. Two-year residency requirement waiver for J-1 visa holder, if applicable. (Commission in Filipino Overseas’ Guidelines and Procedures on the Waiver of the Two-Year Country Residency Requirement for Exchange Visitors)
     
  8. Evidence of the applicant’s or applicant’s parents’, if minor, ties and financial status in the Philippines
 
     
     
  FOR DEPENDENTS  
     
  H-4 (Dependent of H-1B) and L-2 (Dependent of L-1)  
     
 
  1. Copy of principal’s current nonimmigrant visa
     
  2. Copy of all required documents of the principal applicant (H-1B or L-1) as mentioned above
 
     
  H-4 (Dependent of H-2A, H-2B and H-3)  
     
 
  1. Copy of principal’s current nonimmigrant visa
     
  2. Copy of all required documents of the principal (H-2A, H-2B or H-3) as mentioned above
     
  3. Evidence of the applicant’s or applicant’s parents’, if minor, ties and financial status in the Philippines
 
     
     
  Notes:  
     
 
  In some cases, additional documents may be requested.
     
  Since November 16, 1998, we no longer require the receipt of H/L petitions, including cable notifications, directly from the USCIS.
     
  All documents must be originals.  Photocopies will not be accepted, unless specified. The applicant must submit these documents to the interviewing consular officer during the interview. The Nonimmigrant Visa Unit does not accept documents before the interview. Any documents received will not be returned and will be destroyed. Please note, however, that presentation of the documents will not guarantee visa issuance. Applicants must still qualify for the type of visa being sought.
     
  The approval of a petition by the USCIS does not relieve the applicant of the burden of establishing visa eligibility in the course of which questions may arise as to his or her eligibility to H classification.
 
     
 

Please feel free to visit the Frequently Asked Questions (FAQs) page.

 
     
Last Update :: 05/05/2008

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