US H, O, P & R Visa - Wilco Consulting

H, O, P & R (Special Worker Visa)

H: Special Worker Visa

There are three different H level special worker visas. They are:

H-1B;
H-2B;
H3

H-1B: Temporary Specialty Workers

To qualify for an H-1B visa, you must first have a job offer from a U.S. employer for duties to be performed in the U.S. H-1B visas are available only to workers in occupations requiring highly specialized knowledge normally acquired through a college education, and to distinguished fashion models.

Obtaining an H-1B Visa:

Step One: The Petition

The petition is filed by your U.S. employer. The Object of the petition is to prove four things:

That you personally qualify for H-1B status.
That your future job is a high enough level to warrant someone with you advanced skills.
That you have the correct background and skills to match the job requirements.
That your U.S. employer has the financial ability to pay your salary.

Step Two: The Application

The application is filed by you and your accompanying relatives. This application is your formal request for an H-1B visa.

Step Three: Paperwork

There are two types of paper work you must submit to get an H-1B visa. The first consists of official government forms completed by you or your U.S. employer.

The second is personal documents, such as academic credentials and professional licenses.

H-2B: Temporary Nonagricultural Workers

You qualify for an H-2B visa if you are coming to the U.S. to accept a temporary or seasonal nonagricultural job from a U.S. employer and you have the correct background skills or natural abilities needed by that employer. H-2B visas are aimed at skilled and unskilled workers.

There are four requirements for obtaining an H-2B visa:

· You must have a job offer from a U.S. employer to perform work that is either temporary or seasonal.

· You must have the correct background to qualify for the job you have been offered.

· There must be no qualified Americans willing or able to take the job. A Temporary Labor Certification is required.

· You must intend to return home when your visa expires.

Obtaining an H-2B Visa:

Step One: Temporary Labor Certification

Temporary Labor Certification is filed by your U.S. employer. The object of the Temporary Labor Certification is to satisfy the U.S. government that there are no qualified American workers available to take the specific job that has been offered to you, and to determine whether the job is temporary in nature and therefore suitable for an H-2B visa.

Step Two: The Petition

The petition is filed by your U.S. employer. The object of the petition is to prove four things:

That the job is temporary or seasonal in nature;
That no qualified Americans are available for the job;
That you have the correct background, skills and ability to match the job requirements;
That your U.S. employer has the financial ability to pay your salary.

Step Three: The Application

It is filed by you and your accompanying relatives. The application is your formal request for an H-2B visa or status.

Step Four: Paperwork

There are two types of paperwork you must submit to get an H-2B visa. The first consists of official government forms completed by you or your U.S. employer. The second is personal documents such as academic credentials and evidence of previous job experience.

H-3: Temporary Trainees

You qualify for an H-3 visa if you are coming to the U.S. for on-the–job training to be provided by an American company. Training programs supporting H-3 visas exist most often in two situations:

1. A company with branches in foreign countries will often train foreign employees in their U.S. branches before sending them to work overseas.

2. Another common training situation occurs when a U.S. company wishes to establish a beneficial business relationship with a foreign company.

To qualify for an H-3 visa, you must possess the necessary background in education and experience to complete the U.S training program successfully.

Obtaining an H-3 Visa:

Step One: The Petition

The petition is filed by your U.S. employer. The object of the petition is to prove four things:

That a qualifying the formal training position has been offered to you by a U.S. company;
That you have the correct background for the training;
That the training is unavailable to you in your home country;
That the training will further your career in your home country

Step Two: The Application

It is filed by you and your accompanying relatives. The application is your formal request for an H-3 visa or status.

Step Three: Paperwork

There are two types of paperwork you must submit to get an H-3 visa. The first consists of official government forms completed by you or your U.S. employer. The second is personal documents such as academic credentials and professional licenses.

O, P and R Visas: Temporary Workers in Selected Occupations

O and P visas are for certain outstanding workers in the sciences, arts, education, business, entertainment and athletics field. R visas are for religious workers.

Three types of O visas: O-1, O-2, O-3

O-1 visas are available to persons of proven extraordinary ability in the sciences, arts, education, business or athletics. O-1 visas can be given only on the basis of individual qualifications.

O-2 visas are available to those who work as essential support personnel of O-1 athletes and entertainers.

O-3 visas are available to accompanying spouses and unmarried children under age 21of O-1 or O-2 visa holders. O-3 visas allow relatives to remain in the U.S., but they may not work.

P-1 visas are available to athletes or athletic teams that have been internationally recognized as outstanding for a long and continuous period of time.

P-2 visas are available to artists or entertainers, either individually or as part of a group, who come to the U.S. to perform under a reciprocal exchange program between the U.S. and one or more other countries.

P-3 visas are available to artists or entertainers who come to the U.S. either individually or as part of a group, to develop, perform, teach or coach in a program that is considered culturally unique.

P-4 visas are issued to the accompanying relatives of any P visa workers.

An R-1 visa is available to a person who has been a member of a legitimate religious denomination for at least two years and has a job offer in the U.S. to work for an affiliate of that same religious organization.

Getting O, P and R Visa

Step One: The Petition

It is filed by your U.S. employer. The object of the petitions is to prove four things:

That you qualify for O, P or R status;
That your future job is of a high enough level or appropriate nature to warrant someone with your advanced or specialized skills;
That you have the correct background and skills to match the job requirements, and;
In the case of O and P visas, that appropriate labor unions or similar organization have been consulted concerning your eligibility.

Step Two: The Application

It is filed by you and your accompanying relatives. The application is your formal request for an O, P or R visa or status.

Step Three: Paper work

There are two types of paperwork you must submit to get an O, P or R visa. The first consists of official government forms completed by you or your U.S. employer. The second is personal documents such as professional credentials and critical reviews.