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Temporary Worker Visas (H and L) |
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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). |
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CLASSIFICATIONS OF TEMPORARY WORKERS |
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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. |
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DERIVATIVES |
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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. |
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HOW TO APPLY |
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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: |
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FOR PRINCIPAL APPLICANTS |
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H-1B (Specialty Occupation)
L-1 (Intra-company Transferee) |
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1. |
Copy of Form I-129 (Petition for Nonimmigrant Worker) |
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2. |
Original of Form I-797 (Notice of Approval ) |
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3. |
Copy of Labor Conditions Application certification from the U.S. Department of Labor(for H-1B only) |
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4. |
Copy of all supporting documents as filed with the USCIS |
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5. |
Original signed employment contract or a signed offer and acceptance letter specifying terms and conditions of employment, as well as salary |
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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 |
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7. |
Professional license in the Philippines or in the United States, if applicable |
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8. |
Original of credentials like school transcripts and diploma |
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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) |
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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.) |
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For H-1/L-1 visa renewal, in addition to the above documents: |
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All previously issued Form I-797 (Notice of Approval) |
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Copies of at least last three months pay slips |
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Copies of at least last three months bank statements |
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Copy of latest income tax return |
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H-2A (Temporary Agricultural Worker)
H-2B (Temporary Non-Agricultural Worker)
H-3 (Trainee) |
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FOR DEPENDENTS |
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H-4 (Dependent of H-1B) and L-2 (Dependent of L-1) |
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1. |
Copy of principal’s current nonimmigrant visa |
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2. |
Copy of all required documents of the principal applicant (H-1B or L-1) as mentioned above |
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H-4 (Dependent of H-2A, H-2B and H-3) |
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Notes: |
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In some cases, additional documents may be requested. |
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Since November 16, 1998, we no longer require the receipt of H/L petitions, including cable notifications, directly from the USCIS. |
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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. |
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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. |
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Please feel free to visit the Frequently Asked Questions (FAQs) page. |
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