Non-Immigrant Employees

Hiring a Foreign National for Short-Term Employment
OVERVIEW
Employers sometimes need to hire foreign labor when there is a shortage of available U.S. workers. To help address this situation, employers may be able
to assist foreign laborers to legally enter the U.S. temporarily to help satisfy their labor needs.
There are several employment-based nonimmigrant visa categories that permit a foreign worker to enter the U.S. and work temporaily for a specific
employer. Under each category, the foreign national must meet specific requirements related to the occupation for which an employer is petitioning.
What information are you seeking? (Choose one below)
Information about Temporary Employment of Nonimmigrant Workers and Extending or Changing a Worker’s Status
Information about Intracompany Transferees (L-1 Nonimmigrants)
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Which of the following three subjects are you interested in? (Choose one below)
How to temporarily employ a foreign national who is living abroad or get information about a specific employment based
nonimmigrant visa category
How to temporarily employ a foreign national who is already in the U.S. in another nonimmigrant category
How to extend the stay of a temporary nonimmigrant worker

Back to Hiring a Foreign National
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How to temporarily employ a foreign national who is living abroad
OVERVIEW
An employer or agent, who wants to hire a foreign worker to temporarily perform services, perform labor, or receive training, may file a Form I-129
"Petition for Non-immigrant Worker," on behalf of the worker. Form I-129 is primarily used for non-immigrants. That is, the worker who enters the United
States under this petition must depart from the U.S. when his or her authorized "period of stay" in the country has expired. Form I-129 may also be used
to request an extension of the period of stay or to request a change of status for certain non-immigrants.
USCIS Form I-129 consists of a basic petition and several supplements that apply to the various non-immigrant visa categories. In order to petition for a
temporary worker, the prospective employer or agent must file the Form I-129, Petition for Non-immigrant Worker, and the appropriate supplement with
United States Citizenship and Immigration Services. The form must be accompanied by the required payment, evidence, and documentation. The
petition should be filed as soon as possible, but no more than 6 months before the proposed employment will begin or before the extension of stay is
required. If the petition is not submitted at least 45 days before employment is expected to begin, processing of the petition and issuance of the visa may
not be completed before the alien's services are required or before the alien's required period of stay.
For information about application fees, please visit our website at www.uscis.gov.
To request expedited processing of Form I-129 for certain nonimmigrant visa categories, you may submit a Form I-907 “Request for Premium
Processing” and the appropriate fee.
If the petition is approved, USCIS will send a Form I-797 "Notice of Approval" to the employer. Approval of the petition does not guarantee
the issuance of a visa to a worker. The worker must also establish that he or she is admissible to the U.S. In some cases, the employer must
also submit a Labor Condition Application or an Application for Alien Employment Certification to the U.S. Department of Labor. Then, the
employer must submit the Department of Labor’s approval of the application to USCIS along with Form I-129. To learn more about the
Department of Labor’s application process, please visit the Department of Labor's Employment and Training Administration website at
http://www.doleta.gov/workforcesecurity.doleta.gov/foreign
For more details on this process, you must first decide which employment-based nonimmigrant category most closely relates to
the job you are offering to the foreign national employee. Click the above link to see the various categories.
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Employment-based nonimmigrant categories
• E-3 Australian Specialty Occupation Workers

• H-1B Nonimmigrant Workers in a Specialty Occupation
• H-1C Registered Nurses (Limited)
• H-2A Temporary Agricultural Workers
• H-2B Skilled or Unskilled Workers
• H-3 Trainees or Special Education Exchange Visitors
• L-1 Intra-Company Transferees
• O-1 Aliens with Extraordinary Ability
• P-1 Internationally Recognized Athletes, or an Athletic Team, Members of an Entertainment Group, and Certain Other Athletes and Entertainers
• P-2 Artists or Entertainers in Exchange Agreement
• P-3 Culturally Unique Artists or Entertainers
• Q-1 International Cultural Exchange Visitors
• R-1 Religious Workers
• TN Professionals (NAFTA)
Back to Hiring a Foreign National E-3 H-1B H-1C H-2A H-2B H-3 L O P-1 P-2 P-3 Q R TN Change of Status Extensions
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How does an employer help an employee get H-1B, H-1C, H-2A, or H-2B status?
There are generally three steps that lead to an individual obtaining an H-1B, H-1C, H-2A, or H-2B nonimmigrant status or visa. The employer must take the
first two steps and the employee takes the last step. The following table outlines these steps:
Step Action
1. For H-1Bs, an employer or his/her agent files a Labor Condition Application (ETA 9035), or for H-1Cs, an Attestation for H-1C
Nonimmigrant Nurses (ETA 9081), or for H-2As and H-2Bs, an Application for Temporary Employment Certification (ETA 9142) with the
Department of Labor based on their web-based system.
Note: For specific filing procedures please go to the Employment and Training Administration website.
2. File the approved ETA 9035, ETA 9081, or ETA 9142 with a Petition for a Nonimmigrant Worker, Form I-129, and Supplement H to Form I-129.
3. Once the Form I-129 “Petition for a Nonimmigrant Worker” is approved, the following table shows the steps the beneficiary should take:
If the beneficiary is… Then…

Outside the U.S. The beneficiary should apply for a
visa at the U.S. consulate unless he
or she is visa exempt.
Inside the U.S. in a valid nonimmigrant The beneficiary can begin to work for
status at the time the I-129 is filed. the petitioning employer.
Inside the U.S. out of status The beneficiary must depart the U.S.
and apply for a visa at the U.S.
consulate abroad.
Note: For H-2B petitions: Effective January 18, 2009, the employment start date on the petition must match the start date on the labor certification. For more
information on this, click here. Also, Congress has not yet extended the Save our Small and Seasonal Business Act. So H-2B workers cannot apply as
“returning workers” until Congress renews the Act.
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How does a petitioner (or H-3 sponsor) file for an H-3, L-1, O, P-1, P-2, P-3, or Q-1 visa?
There are generally two steps that lead to an individual obtaining the above mentioned nonimmigrant statuses or visas. The petitioner (or H-3 sponsor) must
take the first step and the employee (or H-3 Trainee or Special Education Exchange Visitor) takes the last step. The following table outlines these steps:
Step Action
1. File a Petition for a Nonimmigrant Worker, Form I-129, and the corresponding Supplement to Form I-129.
2. Once the Petition for a Nonimmigrant Worker, Form I-129, is approved then the following table shows the steps the beneficiary should take:
If beneficiary is… Then….

Outside the U.S. The beneficiary should apply for a
visa at a U.S. consulate unless he or
she is visa exempt.
Inside the U.S. in a valid The beneficiary can begin to work
nonimmigrant status at the time the I- immediately for the petitioning
129 was filed. employer.
consulate abroad.
Note: Filing procedures for multiple L-1 workers is different; for information on this process refer to the following link: Blanket L-1 Petitions.
Canadians do not have to obtain an L-1 visa; the approved petition can be sent to a Port of Entry.
Note: An L-1 petition is non-transferable and is tied only to that employer. However, if an L-1 worker wants to change employers, a new employer can file a
new L-1 petition on behalf of the worker, provided the new petitioner is a “qualifying organization,” as defined in DHS regulations. The new employer
must notify USCIS of the job change.
Note: Effective May 16, 2007, Petitioners may file O and P petitions up to one year prior to the petitioner’s need for the alien’s services.
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Do the I-129 filing procedures for multiple L-1 workers differ from those for one L-1 worker?
Yes. Filing procedures are different since it is first required that the employer obtain approval of a “blanket petition.” Then, the employer can file a separate
form to obtain individual approval for each L-1 worker. This process is illustrated in the following table:
Step Action
1. File a Petition for a Nonimmigrant Worker, Form I-129, and Supplement L to Form I-129.
Note: The employer must make sure to indicate that the petition is a blanket petition.
2. Once the blanket petition is approved, the employer can then take the following steps depending on the location of the employee at the time the
petition is filed:
If beneficiary is… Then the employer should file….

Inside the U.S. in a valid If the beneficiary is not currently in L-1
nonimmigrant status at the time Form status, Form I-129 to request a
I-129 was filed. change of status based on the
approved blanket petition. If the
beneficiary is currently in L-1 status,
the Form I-129 to request an
extension of stay based on the
approved blanket petition.
Outside the U.S. A completed Form I-129S,
“Nonimmigrant Petition Based on
Blanket L Petition,” and a copy of
Form I-797 (approval notice).
consulate abroad.
3. Once the Petition for a Nonimmigrant Worker, Form I-129, or Nonimmigrant Petition Based on Blanket L Petition, Form I-129S is
approved, then the following table shows the steps the beneficiary should take:
If beneficiary is… Then the beneficiary…

Inside the U.S. in a valid Can begin to work immediately for the
nonimmigrant status at the time Form petitioning employer.
I-129 was filed.
Outside the U.S. Should apply for an L-1 visa at the
U.S consulate unless he or she is visa
exempt.
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May a U.S. employer include more than one worker on the Application for Alien Employment Certification (ETA 750)?
The employer should contact the Employment and Training Administration to determine if it is possible to include more than one worker on the Application for
Alien Employment Certification (ETA 750).
May a U.S. employer petition for more than one worker on the Petition for a Nonimmigrant Worker (I-129)?
Yes, with certain exceptions, a single petition may cover multiple workers if the workers meet the following conditions:
• Will perform the same services
• Will work in the same location
• Are included on the same labor certification, if such is required, and,
• Come from places that are served by the same U.S. consulate, or, if visa exempt, they will enter at the same port of entry.
Do the I-129 filing procedures for multiple workers differ from those for one worker?
Generally the filing procedures for multiple workers are the same as they are for one worker except that the employer should include Supplement 1 to Form I-
129 when filing Form I-129.
Must the name of all workers be listed on the Form I-129 if it is a blanket petition?
Yes, all beneficiaries must be named unless circumstances (e.g. emergencies) make identification by name impossible. If identification by name is
impossible, then the number of unnamed beneficiaries must be stated on the petition.
Is there any numerical limitation on the number of workers a U.S. employer can petition for on a single Form I-129 petition?
No, according to immigration law there is not a numerical limitation on the number of workers a U.S. employer can petition for on a single Form I-129 petition.
However, there are also other factors that could limit an employer’s ability to petition for multiple workers, such as the ability to pay each worker the prevailing
wage.
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Does the employer have to pay an additional fee for a petition filed on behalf of multiple workers?
No, the employer does not have to pay any additional fee when filing the Form I-129 on behalf of more than one worker.
How can an employer expedite a Form I-129?
A petitioning employer or the beneficiary must file a Request for Premium Processing Service, Form I-907, with the appropriate fee and the Form I-129, or
after receiving the receipt notice for the I-129, at the USCIS Service Center that generated the receipt notice.
Note: For R-1 petitioners, successful completion of a site inspection is a pre-requisite for filing for premium processing service.
The processing time for the I-907 is usually 15 days, and the employer can check the status on that form via e-mail. If USCIS does not notify the
petitioner with a decision or a request for evidence within 15 days, the fee will be refunded.
What is the filing fee for the Application for Alien Employment Certification (ETA 750) or for the Labor Condition Application (ETA 9035)?
The employer should contact the Employment and Training Administration to determine if there is a fee for the Alien Employment Certification (ETA 750) or
for the Labor Condition Application (ETA 9035).
What kind of evidence or documents will a U.S. employer need to file with the Application for Alien Employment Certification (ETA
750) or with the Labor Condition Application (ETA 9035)?
The employer should contact the Employment and Training Administration to find out what type of documentary evidence is needed to file with an Application
for Alien Employment Certification (ETA 750) or with a Labor Condition Application (ETA 9035).
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How can a nonimmigrant bring his/her family to the U.S. or change the status of family members already in the U.S.?
In order for nonimmigrants to obtain a nonimmigrant visa or status for their dependents, please use the process in the following table:
If the nonimmigrant’s dependents are…. Then the dependents should….

Inside the U.S. in a valid nonimmigrant status File one Application to Extend or Change Nonimmigrant Status, Form I-539, for all
dependents either:
• With the nonimmigrant’s Form I-129, or;
• Separately upon approval of the nonimmigrant’s Form I-129.
Inside the U.S. out of status The beneficiary must depart the U.S. and apply for a visa at the U.S. consulate abroad.
Outside the U.S. Contact the nearest U.S. Consulate to find out the procedures to obtain a nonimmigrant visa.
Note: The term “dependents” as used in this question is defined as the spouse and unmarried children under the age of 21.
How can an employer seek cancellation of a nonimmigrant’s visa or status?
The employer or petitioner should write a letter to the Service Center where the Form I-129 was approved, requesting withdrawal of the peititon and send a
copy of that letter to the consulate where the visa was issued requesting cancellation of the visa.
May a foreign employer apply for a nonimmigrant to work in the U.S.?
A foreign employer may only apply for a nonimmigrant through a U.S. agent. The foreign employer is held responsible for all the employer requirements and
can be held liable for all the employer sanctions of a U.S. employer when petitioning through a U.S. agent.
Is a U.S. employer held liable for an H-1B or H-2B nonimmigrant’s return transportation once the worker is in its employ?
Under immigration law, a U.S. employer is liable for the reasonable costs of return transportation abroad of the H-1B or H-2B if the worker’s employment
terminates for reasons other than the worker’s voluntary resignation prior to the expiration of the worker’s period of authorized admission. However, there are
other general employment responsibilities not covered by immigration law. These inquiries should be directed to the Department of Labor.
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Is a U.S. employer held liable for an O-1, O-2, P-1, P-2, or P-3 nonimmigrant’s return transportation once the worker is in its employ?
Under immigration law, both the U.S. employer and the nonimmigrant are “jointly and severally” liable for the reasonable costs of return transportation abroad
of the O or P nonimmigrant if the worker’s employment terminates for reasons other than the worker’s voluntary resignation prior to the expiration of the
worker’s period of authorized admission. However, there are other general employment responsibilities not covered by immigration law. These inquiries
should be directed to the Department of Labor.
What labor laws must a U.S. employer or petitioner abide by once an H-1C, H-2A, H-3, L-1, Q-1, R-1, or TN nonimmigrant is in their
employ (or for H-3s, in their organization)?
An employer or petitioner applying for an H-1C, H-2A, H-3, L-1, Q-1, R-1, or TN has employment responsibilities not covered by immigration law. These
inquiries should be directed to the Department of Labor.
From whom can a consultation or a written advisory opinion be obtained with respect to the filing of an O-1, O-2, P-1, P-2, or P-3
nonimmigrant visa petition?
A written advisory opinion can be obtained from an appropriate U.S. peer group (including labor organizations), or a person designated by the group with
expertise in the alien's area of ability. In certain cases involving O-1 and O-2 nonimmigrants, the consultation must include a management organzizatino in
the area of the alien’s ability.
A consultation should include:
• The nature of the work to be done by the foreign national; and
• The foreign national’s qualifications for the employment.
A peer group includes:
• A group or organization that is comprised of practitioners in the area of the worker’s field; or
• A person or persons with expertise in the worker’s field with confirmable or provable credentials.
Can a beneficiary or beneficiaries of a Form I-129, based on P-1, P-2, or P-3 status, be substituted?
Yes. A petitioner may request substitution by submitting a letter with the request along with a copy of the petitioner’s approval notice to the consular office at
which the alien will apply for a visa, or port of entry where the alien will apply for admission.
However, essential support personnel for P principals may not be substituted at a consular office or at a port of entry. In order to add additional new essential
support personnel, a new Petition for a Nonimmigrant Worker, Form I-129, must be filed.
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Can Essential Support Personnel of a P-1, P-2, or P-3 nonimmigrant be filed for on the same petition as the principal P
nonimmigrant?
No. A separate petition must be filed for Essential Support Personnel of a P principal.
Can a nonimmigrant travel outside the U.S. and then reenter?
An H-1B and L-1 visa allows a nonimmigrant holding and maintaining that status to reenter the U.S. during the validity period of the visa and approved
petition. For all other nonimmigrant visas, travel outside the U.S. is allowed; however, temporary absences for either business or personal reasons may
count towards the maximum period of admission. Also, nonimmigrants should always carry their documentation with them when traveling.
Note: Beginning August 1, 2009, H-2A and H-2B nonimmigrants, entering at San Luis, AZ and Douglas, AZ will be required to exit the U.S. at these ports in
order to capture biometrics pursuant to a new exit system pilot program run by U.S. Customs and Border Protection.
Can a nonimmigrant in H-1B or L-1 status intend to immigrate permanently to the U.S.?
Nonimmigrants in H-1B or L-1 status can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful
Permanent Resident status without affecting their status. This is known as "dual intent" and has been recognized in immigration law since passage of the
Immigration Act of 1990. During the time that the application for LPR status is pending, a nonimmigrant in valid H-1B or L-1 status may travel on his or her
visa rather than obtaining advance parole or requesting other advance permission from USCIS to return to the U.S.
Can a nonimmigrant in H-1C, O, P, or R status intend to immigrate permanently to the U.S.?
The approval of a permanent labor certification or the filing of a preference petition for an alien shall not be the basis for denying an H-1C, O-1, P, or R-1
petition, a request to extend such a petition, or the alien’s admission, change of status, or extension of stay. The alien may legitimately come to the U.S. for
a temporary period and depart voluntarily at the end of his or her authorized stay and, at the same time, lawfully seek to become a permanent resident of the
U.S. This provision does not apply to essential support personnel of O and P nonimmigrants.
Can a nonimmigrant in H-2A, H-2B, H-3, Q-1, or TN status intend to immigrate permanently to the U.S.?
No. Nonimmigrants in H-2A, H-2B, H-3, Q-1, or TN status must prove that they have “nonimmigrant” or temporary intent at the time of filing for such status.
They cannot have “dual intent” upon application for such status.
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Can a nonimmigrant employee change employers?
Generally, a nonimmigrant employee can change employers. However, the new employer must follow the process for initially applying for a nonimmigrant
employee. For information on this process, please click on the relevant nonimmigrant visa category:
H-1B H-2A H-2B H-3 L-1 O-1 P-1
P-2 P-3 Q-1 R-1 TN Canadian TN Mexican
Can a nonimmigrant employee work for more than one employer?
Generally, a nonimmigrant employee may work for more than one employer at the same time. However, each employer must follow the process for initially
applying for a nonimmigrant employee. For information on this process, please click on the relevant nonimmigrant visa category:
H-1B H-2A H-2B H-3 O-1 P-1 P-2 P-3 Q-1 R-1 TN Canadian TN Mexican
Note: An L-1 can only work for the company that originally petitioned for the L-1 or one of its subsidiaries, branches or affiliates.
When can the nonimmigrant employee begin to work for the new employer?
In general, the nonimmigrant employee can begin to work for the new employer once the Form I-129 has been approved by USCIS.
Note: Due to the “portability provisions” of The American Competitiveness in the 21st Century Act, H-1B nonimmigrants can begin to work for a new employer
once the Form I-129 is filed with the USCIS Vermont Service Center.
Can a P-1, P-2, P-3, or Q-1 nonimmigrant work in more than one location?
Generally, a nonimmigrant in P or Q status may work in more than one location. However, the petition must include an itinerary with the dates and locations
of the performances at the time the Form I-129 is filed.
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E-3 Australian Specialty Occupation Workers
OVERVIEW
On May 11, 2005, President Bush signed into law the Emergency Supplemental Appropriations Package. One of the provisions of this law enacted by
Congress created a new work visa category for Australians. The new law will largely take Australians out of the H-1B quota and offer them a visa that is
similar, but more flexible than the H-1B. It also incorporates some of the elements of an E treaty visa and functions as a hybrid visa that should be highly
useful to Australian nationals seeking to work in the U.S. to perform services in a “specialty occupation”.
Frequently Asked Questions

What is the E-3 visa category?
To apply, what is required of the petitioning employer?
How does a prospective employee obtain an E-3 visa?
What is a specialty occupation?
What are the time limits on the duration of stay for an E-3?
How does a nonimmigrant change his/her status to that of an E-3 or extend E-3 status?
Can an E-3 nonimmigrant immigrate permanently to the U.S.?
Is there a limit on the number of E-3 visas that will be issued?
Can spouses of E-3s work?
What are the employment authorization processing procedures for dependent spouses?
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What is the E-3 visa category?
The E-3 visa classification is for Australian nationals. The E-3 nonimmigrant must be coming to the U.S. solely to perform services in a specialty occupation.
To apply, what is required of the petitioning employer?
The petitioning employer will be required to file a Labor Condition Application (ETA 9035) with the Department of Labor’s National Office. Employers must
make the same attestations that they make for H-1B applications, including those regarding paying the prevailing and actual wages, not breaking up strikes,
maintaining public access files, etc. Nothing needs to be filed with USCIS unless filing for a change of status or extension of stay.
How does a prospective employee obtain an E-3 visa?
Individuals who are not in the U.S. who wish to be admitted initially as an E-3 must apply directly with the Department of State. Such persons must submit a
job offer letter, relevant credentials, and an E-3 labor condition application.
For purposes of the E-3 category, a specialty occupation is defined in the same manner as in the H-1B context:
A specialty occupation is one, which requires:
• The theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation; and
• Completion of a specific course of higher education culminating in a baccalaureate degree (Bachelors Degree) or higher degree (or its equivalent) in a
specific occupation specialty (e.g., engineering, mathematics, physical sciences, computer sciences, medicine and health care, education,
biotechnology, and business specialties, etc.).
An example of this would be an individual obtaining an accounting degree from Harvard, performing an internship at a local auditing firm, and then being
hired as an auditor for a Fortune 500 company.
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What are the time limits on the duration of stay for an E-3?
An E-3 may be admitted initially for a period of up to two years and extensions of stay may be granted indefinitely in increments of up to two years.
How does a nonimmigrant change his/her status to that of an E-3 or extend E-3 status?
By filing Form I-129, a national of the Commonwealth of Australia, currently admitted to the U.S. as a nonimmigrant in a category eligible to change
nonimmigrant status, may apply to change to E-3 status and apply to extend such status after it is initially granted. Form I-129 must be submitted to process
the change of status or extension of status. The E supplement to the I-129 is not currently required. Please follow the instructions to Form I-129. The
following documentation must also be submitted with the I-129:
• A letter from the U.S. employer describing the specialty occupation, the anticipated length of stay, and the arrangements for remuneration;
• Evidence that you meet the educational requirement for the specialty occupation, which must be a U.S. bachelor’s degree or higher (or its equivalent) in
the specific specialty;
• A U.S. Department of Labor certified Labor Condition Application for E-3 Specialty Occupation Worker;
• Proof that you are a national of Australia; and,
• Proof that you meet the general requirements to be eligible to apply to change status or extend status.
Note: Premium Processing is not currently available to those applying to change to E-3 status.
Can an E-3 nonimmigrant immigrate permanently to the U.S.?
An E-3 nonimmigrant shall maintain an intention to depart the U.S. upon the expiration or termination of his or her E status. E-3 visas are not dual intent
visas in the sense of H-1B and L-1 visas. However, an application for initial admission, change of status or extension of stay, may not be denied solely on
the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.
Is there a limit on the number of E-3 visas that will be issued?
There is an annual cap of 10,500 E-3 visas. The spouse and children of the E-3 principal are allowed to accompany the principal and will not count against
the cap. Extensions of stay will not count against the cap either.
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Can spouses of E-3s work?
Dependent spouses of principal E-3 workers are eligible to apply for work authorization.
In order to establish a valid marital relationship and verify current status of the dependent spouse and the E-3 principal, both the dependent spouse’s and the
E-3 principal’s Form I-94, Arrival-Departure Record, evidencing admission as or change of status to an E-3, should be submitted together with the Form I-
765. When applicable, you should also submit a copy of the petition approval notice of the E-3 principal.
What are the employment authorization processing procedures for dependent spouses?
To apply, the dependent spouse must file Form I-765, Application for Employment Authorization, with the Service Center that has jurisdiction over the
dependent spouse’s place of residence. However, applications for employment authorization concurrently filed with Form I-129 petitions for E-3 principal
workers can only be filed at the Vermont Service Center. Form I-765 currently contains a space for the applicant to fill in the basis for employment
authorization. Applicants should write in the words “spouse of E nonimmigrant.”
You may be authorized employment for the period of admission and/or status of the E-3 principal, not to exceed two years. In addition, dependent spouses
may file the Form I-765 concurrently with the Form I-539, Application to Extend or Change Nonimmigrant Status.
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Hiring a Foreign National for Short-Term Employment H-1B Nonimmigrant Workers
OVERVIEW
The H-1B nonimmigrant visa category allows U.S. companies to petition for qualified candidates from foreign countries to perform services temporarily in the
United States:
• In a specialty occupation
• As a fashion model who has distinguished merit and ability
• To perform services of an exceptional nature requiring exceptional merit and ability relating to a cooperative research and development project
agreement administered by the Secretary of Defense
How does an employer apply for an H-1B nonimmigrant employee (including note on how to request change of status for F-1 students whose FY09
petitions were selected)?
What kind of evidence or documents will a U.S. employer need to file with Form I-129 “Petition for a Nonimmigrant Worker”?
Is it possible to substitute education with experience?
What is the filing fee for a Labor Condition Application (ETA 9035)?
What is the filing fee for Form I-129?
Can an employer be exempt from paying the additional fee for an H-1B?
How can an employer expedite Form I-129?
Where does the employer file Form I-129?
Will USCIS be conducting on-site inspections?
Who will be conducting the site visits?
What specific tasks will the site inspectors perform?
FAQs continued on next page
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How long can a nonimmigrant stay in H-1B status?
What is a U.S. employer liable for once an H-1B nonimmigrant is in their employ?
Must an H-1B nonimmigrant be working at all times?
How can an employer cancel a nonimmigrant’s visa or status?
Can an H-1B nonimmigrant change employers?
Can an H-1B nonimmigrant work for more than one employer?
When can the nonimmigrant begin to work for the new employer?
Can an H-1B nonimmigrant intend to immigrate permanently to the U.S.?
Can an employer petition for more than one H-1B employee on the same petition?
Does the merger or sale of an employer’s business affect the H-1B nonimmigrant’s status?
What is “portability”?
Is there an annual limit on the number of H-1B nonimmigrants and are there exemptions to the annual limit?
What are the new rules for how the annual limit is counted for FY 2009?
Who can an H-1B nonimmigrant work for?
FAQs about the new requirements for employers receiving TARP funding under EAWA
What is the new Employ American Workers Act (EAWA) and what does it do?
When are the new EAWA requirements effective?
What are the additional employer attestations?
To which H-1B hires does EAWA apply?
How is USCIS implementing EAWA requirements?
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What kind of evidence or documents will a U.S. employer need to file with Form I-129 “Petition for a Nonimmigrant Worker”?
The following two tables indicate the documentary evidence an employer should submit when filing Form I-129.
If an employer files an
I-129 based on an Then the employer will need the following supporting evidence:
H-1B for a:
A certified labor condition application from the U.S. Department of Labor;
Copies of evidence that the proposed employment qualifies as a specialty occupation;
Evidence the individual has the required degree by submitting either:
• A copy of the person's U.S. baccalaureate or higher degree which is required by the specialty occupation;
Specialty occupation • A copy of a foreign degree determined to be equivalent to the U.S. degree; or
• Copies of evidence of education and experience which is equivalent to the required U.S. degree;
A copy of any required license or other official permission to practice the occupation in the state of intended employment; and
A copy of any written contract between the employer and the individual or a summary of the terms of the oral agreement under
which the individual will be employed.
Table Continues on next page
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If an employer files an
I-129 based on an Then the employer will need the following supporting evidence:
H-1B for a:
A certified labor condition application from the Department of Labor;
Copies of evidence establishing that the individual is nationally or internationally recognized in the field of fashion modeling.
The evidence must include at least two of the following types of documentation which show that the person:
• Has achieved national or international recognition in his or her field as evidenced by major newspaper, trade journals,
magazines or other published material;
• Has performed and will perform services as fashion model for employers with a distinguished reputation;
Fashion model of
distinguished merit • Has received recognition for significant achievements from organizations, critics, fashion houses, modeling agencies or other
recognized experts in the field; and
• Commands a high salary or other substantial remuneration for services, as shown by contracts or other reliable evidence.
Copies of evidence establishing that the services to be performed require a fashion model of distinguished merit and ability and
either:
• Is involved in an event or production that has a distinguished reputation;
• Or will be providing a service for an organization or establishment that has a distinguished reputation, or record of employing
persons of distinguished merit and ability.
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A specialty occupation is one that requires:
• The theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation, and
• Completion of a specific course of higher education culminating in a baccalaureate degree in a specific occupation specialty (for example, engineering,
mathematics, physical sciences, computer sciences, medicine and health care, education, biotechnology, and business specialties).
An example of this would be an individual obtaining an accounting degree from Harvard, performing an internship at a local auditing firm, and then being
hired as an auditor for a Fortune 500 company.
Can an employer be exempt from paying the additional training fee for an H-1B nonimmigrant?
Yes. The following circumstances will exempt you from paying the fee:
• The petition is an amended petition that does not contain any requests for extension of stay filed by the employer;
• The petition is to correct a USCIS error.
The following H-1B employers are exempt from paying the fee:
• Institutions of higher education and related or affiliated non-profit organizations;
• Non-profit or governmental research organizations;
• Any employer who is filing for a second extension of stay for an H-1B nonimmigrant;
• Primary or secondary education institutions; or
• Nonprofit entity engaged in "established curriculum-related clinical training of students."
Yes. A degree or its equivalent is sufficient if it is a requirement for the job. However, the degree and/or equivalent experience may not be sufficient without
a showing that it is a specialized degree and/or specialized experience as required by the specialty occupation.
22
Will USCIS be conducting on-site inspections?
Yes. USCIS announced the initiation of the Administrative Site Visit and Verification Program (ASVVP). The objective of ASVVP is to enhance the security
and integrity of this visa classification. USCIS may verify supporting evidence provided by a petitioner through any appropriate means, including an on-site
inspection of the petitioning organization. Site visits will be conducted to verify the existence of the petitioning organization and validate the information
provided on the petition. Site visits will take place post-adjudication of the petition. Such visits may include a tour of the organization’s facilities, an interview
with organization officials, review of selected organization records relating to the organization’s compliance with immigration laws and regulations, and
interviews with any other individuals or review of any other records that USCIS considers relevant to the integrity of the organization.
USCIS will be using contractors to perform the site visits. The contract site inspectors will not be making decisions or judgments. They will conduct
inspections based on a checklist provided by USCIS and be limited to the questions contained therein. These are general inspections aimed simply at
verifying the physical existence of the petitioner, and in the case of employers, also confirm on-site management’s knowledge of the job offer.
Site inspectors will verify the existence of a petitioning entity, take digital photos, obtain documents, and speak with organizational representatives to confirm
the beneficiary’s work location, employment workspace, hours, salary, and duties to assist USCIS in determining whether they are in compliance with the
terms and conditions stated in the petition.
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Generally, most H-1Bs are granted an initial period of admission of up to three (3) years. H-1B status may be extended for another three years for a
maximum period of stay of six years.
However, there are exceptions to the maximum stay as follows:

• The American Competitiveness in the 21st Century Act (AC21) allows for an extension of the 6-year maximum stay if a labor certification application
or Form I-140 was filed one-year prior to the start of the sixth year. For further guidance on AC21, click here.
• Similarly, AC21 allows for a 3-year extension beyond the 6-year maximum stay if the worker has an approved labor certification application and an
approved Form I-140, but cannot apply for adjustment of status due to retrogression in the employment-based visa numbers.
• Another exception is for workers who have spent more than one year abroad after spending less than six years in H-1B status within the U.S. Such
workers can elect either (1) to be re-admitted for the remainder of the initial 6-year stay or (2) seek to be re-admitted as a new H-1B worker subject to
the annual cap.
Must an H-1B nonimmigrant be working at all times?
As long as the employer/employee relationship exists, an H-1B nonimmigrant is still in status. An H-1B nonimmigrant may work in full or part-time
employment and remain in status. An H-1B nonimmigrant may also be on vacation, sick/maternity/paternity leave, or on strike, without affecting his or her
status.
Can an employer petition for more than one H-1B employee on the same petition?
No, it is not possible for an employer to petition for more than one H-1B nonimmigrant on the same petition. Each H-1B nonimmigrant requires a separate
Petition for a Nonimmigrant Worker (I-129). A separate Labor Condition Application (ETA 9035) is also required unless the positions are the same and
are at the same salary.
For whom can an H-1B nonimmigrant work?
H-1B nonimmigrants may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer
may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed.
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What is “portability”?
“The American Competitiveness in the Twenty-First Century Act” (AC21), which was signed into law on October 17, 2000, establishes new benefits in the H-
1B nonimmigrant classification such as portability. Due to this law:
A person in H-1B status may accept new employment upon the filing of a new petition by a prospective employer if:
• He or she was lawfully admitted;

• The new petition is “nonfrivolous”;
• The new petition was filed before the date of expiration of the period of the prior authorized stay; and
• Subsequent to such lawful admission, the H-1B beneficiary has not been employed without authorization before the filing of such petition
To be admitted at the border under the portability provisions, an applicant must meet the following requirements. He or she must:
• Be otherwise admissible
• Be in possession of a valid un-expired passport and visa, unless exempt from passport or visa requirements (Canadian citizens)
• Establish that s/he was previously admitted in H-1B status by presenting an I-94 or I-797; and
• Present the filing receipt form I-797 for the new H-1B or other evidence of timely filing prior to the expiration of the previous
H-1B status
Does the merger or sale of an employer’s business affect the H-1B nonimmigrant’s status?
The merger or sale of an H-1B employer’s business should not affect the nonimmigrant status in most instances. However, if the change means that the
nonimmigrant is working in a capacity other than the specialty occupation for which they petitioned, it is a status violation.
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Is there an annual limit on the number of H-1B nonimmigrants?
Yes. The current law (AC21) limits to 65,000 the number of non-immigrants per fiscal year who may have a visa issued or otherwise provided H-1B status.
USCIS will begin accepting H-1B petitions subject to the fiscal year 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS
takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked. USCIS will monitor the number of petitions
received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the cap. If needed, USCIS will randomly
select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. For further information on the rule
governing this process, see here.
Petitions to extend the status of current H-1B workers do not count toward the cap. Accordingly, USCIS will continue to process petitions filed to:
• Extend the stay of a current H-1B worker in the U.S.

• Change the terms of employment for current H-1B workers.
• Allow current H-1B workers to change from one cap-subject position to a different cap-subject position with a different employer.
• Allow current H-1B workers to work concurrently in a second H-1B position.
The following are exemptions to the H-1B cap:
• The first 20,000 H-1B beneficiaries who have earned a master’s degree or higher from a U.S. institution of higher education are not subject to the
annual cap.
• H-1B workers who are employed by or have an offer of employment from an institution of higher education or a related or affiliated nonprofit entity.
• H-1B workers who are employed by or have an offer of employment from either a nonprofit or government research organization.
• J-1 non-immigrants who have obtained a waiver of the two-year home residency requirement through the State 30 program.
• H-1B workers who are admitted to perform labor and services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam are exempt
from the annual cap until December 31, 2014.
The following H-1B visa numbers are set aside from the annual cap:
• The U.S.-Chile and U.S.-Singapore Free Trade Agreements require USCIS to set aside 6,800 visa numbers for beneficiaries from these countries
who are eligible for H-1B1 classification under these Agreements. If all of the Singapore/Chile slots are not filled during FY 2011, the unused visa
numbers will be added back into the general FY 2011 cap, but will not be available until the next fiscal year.
Note: There are new rules for how the annual limit is counted. For information on these new rules, click here. For additional information, see our
website at www.uscis.gov and go to the “For Employers” link and click on the “Cap Count” link.
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What are the new rules for how the annual limit is counted?
Due to the high demand for H-1B petitions, USCIS has implemented new rules for counting the annual limit of 65,000 H-1B petitions. The overall goal of the
new rule is to promote equal opportunity for prospective petitioners and to ensure a fair and orderly distribution of available H-1B visas. The new rule
makes the following modifications:
• USCIS will now either deny or revoke multiple petitions filed by an employer for the same H-1B worker;
• USCIS will not refund filing fees for duplicative or multiple H-1B petitions;
• In years when USCIS implements the random selection process for petitions, USCIS will include petitions in the random selection process that are
filed during the first five business days available for filing H-1B petitions for a given fiscal year, rather than just the first two such days; and
• If a petition incorrectly indicates that it is exempt from any of the H-1B numerical limits, the petition will be denied if no H-1B visa numbers are
available and the filing fees will not be returned.
However, the new rule does not prevent related employers (such as a parent company and its subsidiary) from filing petitions on behalf of the same foreign
national for different positions, based on legitimate business need.
What happens when the cap is reached?

If USCIS determines that the number of H-1B petitions received meets the cap within the first five business days of accepting petitions, USCIS will apply a
random selection process among all H-1B petitions received during this time period. If the 20,000 advanced degree limit is reached during the first five
business days, USCIS will randomly select from those petitions ahead of conducting the random selection for the 65,000 limit. Petitions subject to the 20,000
limit that are not selected in that random selection will be considered with the other H-1B petitions in the random selection for the 65,000 limit.
Premium Processing
Cap-subject petitions requesting premium processing that are received on the “final receipt date,” or during the initial five business day period, cannot be
processed until after the random selection process has been completed. The premium processing 15-day adjudication period will not begin until such time as
USCIS has completed the random selection process. Since the number of master’s exemption cases received cannot be determined until all the petitions
have been sorted and counted, the same holds true for the master’s exemption premium processing cases.
Note: For general information on the annual limit and exemptions to the annual limit, click here.
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What is the new American Workers Act (EAWA) and what does it do?
USCIS announced additional requirements for employers who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal
Reserve Act before they may hire an H-1B worker. The new Employ American Workers Act (EAWA) was enacted to ensure that American workers are not
displaced. Under this Act any company that has received covered funding and seeks to hire new H-1B workers is considered an “H-1B dependent
employer.” All H-1B dependent employers must make additional attestations to the U.S. Department of Labor when filing the Labor Condition Application.
The normal exception to the H-1B dependent employer requirements that an H-1B nonimmigrant is exempt from the dependency calculation if the individual
earns a salary of at least $60,000 or has a master’s degree or higher is not available to companies that have received covered funding.
When are the new EAWA requirements effective?
The new Employ American Workers Act (EAWA) applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after February 17, 2009,
involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The
EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment
before that date. A valid LCA must be on file with the Department of Labor at the time the H-1B petition if filed with USCIS. Therefore, if the petitioner
indicates on the petition that it is subject to EAWA, but the LCA does not contain the new attestations, the petition will be denied.
What are the additional employer attestations?
Under EAWA, any company that has received covered funding and seeks to hire H-1B workers is considered to be an “H-1B dependent employer.” An “H-
1B dependent employer” must make the following additional attestations to the U.S. Department of Labor (DOL) when filing a Labor Condition Application
(LCA):
• It has taken good faith steps to recruit U.S. workers (defined as U.S. citizens or nationals, lawful permanent resident aliens, refugees, asylees, or other
immigrants authorized to be employed in the United States (i.e., workers other than nonimmigrant aliens) using industry-wide standards and offering
compensation that is at least as great as those offered to the H-1B nonimmigrant;
• It has offered the job to any U.S. worker who applies and is equally or better qualified for the job that is intended for the H-1B nonimmigrant;
• It has not “displaced” any U.S. worker employed within the period beginning 90 days prior to the filing of the H-1B petition and ending 90 days after its
filing. A U.S. worker is displaced if the worker is laid off from a job that is essentially the equivalent of the job for which an H-1B nonimmigrant is sought;
and
• It will not place an H-1B worker to work for another employer unless it has inquired whether the other employer has displaced or will displace a U.S.
worker within 90 days before or after the placement of the H-1B worker.
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To which H-1B hires does EAWA apply?
EAWA applies to any “hire” taking place on or after Feb. 17, 2009, and before Feb. 17, 2011. EAWA defines “hire” as an employer permitting a new
employee to commence a period of employment; that is, the introduction of a new employee to the employer’s U.S. workforce.
EAWA applies to:
• Any LCA or petition filed on or after Feb. 17, 2009 involving any employment by a new employer, including concurrent employment and regardless of
whether the beneficiary is already in H-1B status.
• New employment (i.e., hires) based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment
before that date.
EAWA does not apply to:

• A petition to extend the H-1B status of a current employee with the same employer.
• A petition seeking to change the status of a current U.S. work-authorized employee to H-1B status with the same employer.
How is USCIS implementing EAWA requirements?
USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. This
revised form will be posted to the USCIS website in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages
petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal
year 2010.
However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete
only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single
page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.
A valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. Therefore, if the petitioner indicates on its petition that it is subject to
the EAWA, but the LCA does not contain the proper attestations relating to H-1B dependent employers, the H-1B petition will be denied.
USCIS understands that some businesses who received covered funding may have subsequently repaid their obligations. If you have repaid your
obligations, then answer “No” to Question A.1.d on the H-1B Data Collection and Filing Fee Exemption Supplement. If appropriate, you should submit further
information with the petition to assist USCIS in determining that your status for purposes of EAWA is correct. For example, if the LCA includes the additional
attestations, but Questions A.1.d. is answered “no,” you can explain that you had received covered funding at the time of filing the LCA but repaid the
obligation before filing Form I-129.
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Hiring a Foreign National for Short-Term Employment H-1C Registered Nurses
OVERVIEW
The purpose of the H-1C nonimmigrant visa category is to allow employers to bring foreign health professionals, who are registered nurses, temporarily to
the U.S. to work in health professional shortage areas.
The H-1C visa category has an expiration date of 12-21-09 and USCIS will not accept any new H-1C petitions after this date.
Does the H-1C nonimmigrant classification have an expiration date?

How does an employer apply for an H-1C?
How can a nonimmigrant bring their family to the U.S. or change the status of family members already in the U.S.?
What is an employer held liable for once an H-1C nonimmigrant is in their employ?
How can an employer cancel a nonimmigrant visa or status?
Can an H-1C nonimmigrant employee change employers?
Can an H-1C nonimmigrant work at more than one facility?
Can an H-1C nonimmigrant intend to immigrate permanently to the U.S.?
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Does the H-1C nonimmigrant classification have an expiration date?
Yes. The H-1C nonimmigrant classification does have an expiration date. The H-1C nonimmigrant category expires on December 21, 2009. USCIS will not
accept any new H-1C petitions after this date.
Can an H-1C nonimmigrant work at more than one facility?
No. An H-1C nonimmigrant may not work at more than one facility.
Can an H-1C nonimmigrant employee change employers?
No. An H-1C nonimmigrant may not change employers.
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Hiring a Foreign National for Short-Term Employment H-2A Temporary Agricultural Workers
OVERVIEW
The purpose of the H-2A nonimmigrant visa category is to afford U.S. employers the ability to bring workers to the U.S. temporarily to perform agricultural
labor or agricultural services of a temporary or seasonal nature. Laborers in this visa category, or status, fall under three basic occupations:
• Farm workers
• Orchard workers
• Ranch hands
Effective January 17, 2009, USCIS made changes to the H-2A nonimmigrant category petition process. These changes were made to ensure the integrity
of the process and to better serve both the employers and the employees.
What is the list of countries from which H-2A workers may be the beneficiaries of a petition?
How does an employer apply for an H-2A nonimmigrant employee?
What kind of evidence or documents will a U.S. employer need to file with an Application for Alien Employment Certification (ETA 750)?
Can a U.S. employer include more than one worker on the Application for Alien Employment Certification (ETA 750)?
What kind of evidence or documents will a U.S. employer need to file with Form I-129 for an H-2A nonimmigrant?
Can a U.S. employer petition for more than one worker on the Petition for Nonimmigrant Worker (Form I-129)?
Do the Form I-129 filing procedures for multiple workers differ from those for one worker?
Must the name of all workers be included on Form I-129?
Is there a numerical limitation on the number of workers an employer can petition for on a single Form I-129?
Can an employer substitute beneficiaries on Form I-129?
What is the filing fee for the Application for Alien Employment Certification (ETA 750)?
What is the filing fee for the Form I-129?
Does the employer have to pay an additional fee for an I-129 blanket petition?
Where do I file Form I-129?
What is the definition of “temporary nature”?
What is the definition of “seasonal nature”?
Questions continue on next page
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What are the new notification requirements for H-2A employers?
What are the fees that are prohibited from being paid by H-2A employees?
What is an employer liable for once an H-2A nonimmigrant is in their employ?
How long can a nonimmigrant stay in H-2A status?
Do H-2A nonimmigrants have a grace period to leave the U.S. after the expiration of their stay?
What is the period of time that H-2A nonimmigrants must remain outside the U.S. before they can renew their H-2A status?
Can a nonimmigrant change employers?
Can a nonimmigrant work for more than one employer?
When can a nonimmigrant begin to work for the new employer?
Can an H-2A nonimmigrant intend to immigrate permanently to the U.S.?
Can a foreign employer apply for an H-2A to work in the U.S.?
Can an H-2A only work full-time?
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What is the list of countries from which H-2A workers may be the beneficiaries of a petition?
Effective January 18, 2010, only workers from the following countries can be the beneficiaries of an approved H-2A petition and may participate in the H-2A
visa program:
Argentina; Australia; Belize; Brazil; Bulgaria; Canada; Chile; Costa Rica; Croatia; Dominican Republic; Ecuador; El Salvador; Ethiopia; Guatemala;
Honduras; Indonesia; Ireland; Israel; Jamaica; Japan; Lithuania; Mexico; Moldova; The Netherlands; Nicaragua; New Zealand; Norway; Peru; Philippines;
Poland; Romania; Serbia; Slovakia; South Africa; South Korea; Turkey; Ukraine; United Kingdom; and Uruguay.
What kind of evidence or documents will a U.S. employer need to file with Form I-129 for an H-2A nonimmigrant?
A U.S. employer who wants to file a petition for H-2A, as required by regulations should initially file the petition with either:
• An original single valid temporary labor certification from the Department of Labor (or the Governor of Guam if the proposed employment is solely in
Guam), indicating that qualified U.S. worker(s) are not available and that employment of the nonimmigrant will not adversely affect the wages and
working conditions of similarly employed U.S. workers; or
• An original notice from such authority that such certification cannot be made, along with evidence of the unavailability of U.S. workers and of the
prevailing wage rate for the occupation in the U.S, and evidence overcoming each reason why the certification was not granted; and
• Copies of evidence, such as employment letters and training certificates, that each named person meets the minimum job requirements stated in the
certification.
Can an H-2A employer petition for more than one worker on the Petition for Nonimmigrant Worker (Form I-129)?
Yes. Effective Janurary 17, 2009, an H-2A employer is permitted to file a Form I-129 with USCIS when petitioning for multiple H-2A beneficiaries from
multiple countries. It is no longer necessary for multiple beneficiaries to obtain visas at the same consulate or enter at the same port of entry.
Must the name of all workers be included on Form I-129?
No. Effective Januray 17, 2009, if an employer wishes to petition for multiple beneficiaries, some of whom are in the U.S. and some of whom are outside the
U.S., the employer must name the beneficiaries who are in the U.S., and only provide the number of beneficiaries who are outside the U.S. This applies
regardless of the number of beneficiaries on the petition or whether the temporary labor certification named beneficiaries.
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Can an employer substitute beneficiaries on a Form I-129?
Effective January 17, 2009, an employer may substitute beneficiaries where H-2A workers failed to show up at the worksite or absconded, provided that the
employer has complied with the new notification requirements. The petitioner may file an H-2A petition using a copy of the previously approved temporary
labor certification to replace a worker where: (a) the worker’s employment was terminated early (before the completion of work); (b) the worker fails to report
to work within 5 work days of the employment start date on the previous petition or within 5 work days of the date established by the employer, whichever is
later; or (c) the worker absconds from the worksite.
What is the definition of “temporary nature”?
Employment of a “temporary nature” is when the employer needs to hire a temporary worker for a position that will, except in extraordinary circumstances,
last no longer than one year.
What is the definition of “seasonal nature”?
Employment of “seasonal nature” is defined as work that is associated with a certain time of year, event, or pattern, such as a short annual growing cycle or a
specific aspect of a longer cycle, requiring labor levels far above those necessary for ongoing operations.
How long can a nonimmigrant stay in H-2A status?
H-2A workers are initially admitted for the time approved on the Labor Certification, with a maximum time of 1 year. H-2A status may be extended beyond
this in 12-month increments for a maximum period of stay of three years.
Can an H-2A nonimmigrant only work full-time?
The hours and work schedule of the worker may vary. Most agricultural employees are paid on an hourly or at a piece rate.
35
What are the new notification requirements for H-2A employers?
Effective January 17, 2009, H-2A petitioners are required to provide notification to USCIS within 2 work days in the following instances:
• When an H-2A worker fails to report to work within 5 work days of the employment start date on the petition or within 5 work days of the start date
established by the petitioner, whichever is later;
• When the labor or services for which the H-2A workers were hired is completed more than 30 days early; or
• When the H-2A worker absconds from the worksite or is terminated prior to the completion of labor or services for which he or she was hired.
The notification should include the following:

• The reason for the notification;
• The reason for late notification, if applicable;
• The USCIS receipt number of the approved petition;
• The petitioner’s name, address, telephone number, and employer identification number;
• The employer’s name, address, and telephone number, if different from that of petitioner;
• The name of the worker in question;
• The date and place of birth of the worker in question; and
• The last known physical address and telephone number of the worker in question.
In the case of unnamed beneficiaries, USCIS only requires the petitioner to supply the number of workers who failed to report to work instead of their names,
dates and places of birth. Petitioners should retain evidence of the notification filed for a one-year period.
Notification can be made by email to: [email protected].

Notification can be by mail to: California Service Center, Attn: Div X/BCU ACD, P.O. Box 30050, Laguna Niguel, CA 92607-3004.
Do H-2A nonimmigrants have a grace period to leave the U.S. after the expiration of their stay?
Yes. Effective January 17, 2009, the grace period has been extended to 30 days following the expiration of the H-2A petition. This grace period is to provide
the worker enough time to prepare for departure or apply for an extension of stay based on a subsequent offer of employment.
36
What is the period of time that H-2A nonimmigrants must remain outside the U.S. before they can renew their H-2A status?
Effective January 17, 2009, once an H-2A worker has reached the maximum 3 year limit on H-2A status, he or she is required to wait 3 months outside the
U.S. before seeking H-2A status again.
Note: For H-2A nonimmigrants who are sheepherders.

The 3-year limitation of stay for H-2A workers in the sheepherding industry will not begin until January 17, 2009 if the sheepherders were lawfully present in
the U.S. in H-2A status on that date. For example, an H-2A sheepherder present in the U.S. on January 17, 2009 is required to depart from the U.S. no later
than January 16, 2012 for a period of at least 3 months before he/she would again be eligible for H-2A status.
What are the fees that are prohibited from being paid by H-2A employees?
To protect H-2A workers, USCIS may deny or revoke any petition if it determines (1) that the petition beneficiary has paid or has agreed to pay any fee or
other form of compensation, whether directly or indirectly, to the petitioner, or (2) that the petitioning employer is aware or reasonably should be aware that
the beneficiary has paid or agreed to pay any facilitator or recruiter, or similar employment service, in connection with obtaining the H-2A employment.
Prohibited fees do not include the fair market value of costs of transportation to the U.S. or fees required by a foreign government such as for the issuance of
passports or visas. USCIS will not revoke the petition if the petitioner provides evidence that the beneficiary has been reimbursed in full for any prohibited
fees paid.
• Petitioners who become aware of the payment of prohibited fees paid by beneficiaries should notify USCIS and include the following information:
• The USCIS receipt number of the petition;
• The petitioner’s name, address, and telephone number;
• Name and address of the facilitator, recruiter, or placement service to which beneficiary paid or agreed to pay the prohibited fees.
Notification can be made by email to: [email protected].

Notification can be made by mail to: California Service Center, P.O. Box 10695, Laguna Niguel, CA 92607-1095.
Can an H-2A nonimmigrant change employers?
Effective January 17, 2009, an H-2A worker may continue to be employment authorized while awaiting an extension of H-2A status based on a petition filed
by a new employer accompanied by an approved labor certification. Specifically, where an application for an extension of stay is filed during the worker’s
period of admission, the worker is authorized to be employed by the new petitioning employer for a period not to exceed 120 days. The 120-day period
begins on the date of the notice that USCIS sends to acknowledge that it has received the application for extension of stay (Form I-797, Notice of Action).
There is one condition on this temporary employment authorization: the new employer must be a registered user in good standing with USCIS’ E-Verify
program. If the new employer is not registered with E-Verify, the worker would not be authorized to work until USCIS grants the extension of stay application.
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Hiring a Foreign National for Short-Term Employment H-2B Skilled or Unskilled Workers
OVERVIEW
The purpose of the H-2B nonimmigrant visa category is to afford U.S. employers the ability to bring skilled or unskilled workers from foreign countries to
temporarily engage in non-agricultural employment in the United States based on four basic types of temporary need:
• Seasonal
• Peak-load
• Intermittent
• One-time occurrence
Effective January 18, 2009, USCIS made changes to the H-2B nonimmigrant category petition process. These changes were made to ensure the integrity
of the process and to better serve both the employers and the employees.
What is the list of countries from which H-2B workers may be the beneficiaries of a petition?
How does an employer apply for an H-2B nonimmigrant employee?
Must the employment start date on the H-2B petition match the start date on the labor certification?
What kind of evidence or documents will a U.S. employer need to file with the Application for Alien Certification (ETA 750)?
Can an employer include more than one worker on the Application for Alien Certification (ETA 750)?
What kind of evidence or documents will a U.S. employer need to file with Form I-129?
Can an employer petition for more than one worker on the Petition for Nonimmigrant Worker (I-129)?
Do the Form I-129 filing procedures for multiple workers differ from those for one worker?
Must the names of all workers be included on Form I-129?
Is there a numerical limitation on the number of workers an employer can petition for on a single Form I-129?
Can an employer substitute beneficiaries on Form I-129?
What is the filing fee for the Application for Alien Employment Certification (ETA 750)?
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What are the new notification requirements for H-2B employers?
What are the fees that are prohibited from being paid by H-2B employees?
Does the employer have to pay an additional fee for an I-129 blanket petition?
Where does an employer file Form I-129?
What is the definition of “seasonal need”?
What is the definition of “peak-load need”?
What is the definition of “intermittent need”?
What is the definition of “one time occurrence”?
What is the period of time that H-2B nonimmigrants must remain outside the U.S. before they can renew their H-2B status?
What is an employer liable for once an H-2B is in their employ?
Can an H-2B nonimmigrant intend to immigrate permanently to the U.S.?
Is there an annual limit on the number of H-2B nonimmigrants?
Can a foreign employer apply for an H-2B nonimmigrnat to work in the U.S.?
Can an H-2B nonimmigrant only work full-time?
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What is the list of countries from which H-2B workers may be the beneficiaries of a petition?
Effective January 18, 2010, only workers from the following countries can be the beneficiaries of an approved H-2B petition and may participate in the H-2B
visa program:
Argentina; Australia; Belize; Brazil; Bulgaria; Canada; Chile; Costa Rica; Croatia; Dominican Republic; Ecuador; El Salvador; Ethiopia; Guatemala;
Honduras; Indonesia; Ireland; Israel; Jamaica; Japan; Lithuania; Mexico; Moldova; The Netherlands; Nicaragua; New Zealand; Norway; Peru; Philippines;
Poland; Romania; Serbia; Slovakia; South Africa; South Korea; Turkey; Ukraine; United Kingdom; and Uruguay.
Must the employment start date on the H-2B petition match the start date on the labor certification?
Yes. Effective for petitions filed for employment for the first half of Fiscal Year 2010, an H-2B petition must have an employment start date that is the same
as the date of employment need stated on the approved temporary labor certification. Therefore, an employer may not file, and USCIS may not approve, an
H-2B petition more than 120 days before the date of the employer’s actual need for the beneficiary’s services, as identified on the temporary labor
certification.
Note: There is one exception to the above: when an amended petition, accompanied by the previously approved labor certification and a copy of the original
petition approval notice, is filed at a later date due to the unavailability of the originally requested number of workers. The amended petition may state an
employment start date that is later than what is stated in the labor certification.
What kind of evidence or documents will a U.S. employer need to file with the Petition for a Nonimmigrant Worker (I-129)?
A U.S. employer who wants to file a petition for H-2B, as required by regulations, should initially file the petition with either:
• An original single valid temporary labor certification from the Department of Labor (or the Governor of Guam if the proposed employment is solely in
Guam), indicating that qualified U.S. worker(s) are not available and that employment of the nonimmigrant will not adversely affect the wages and
working conditions of similarly employed U.S. workers; or
• An original notice from such authority that such certification cannot be made, along with evidence of the unavailability of U.S. workers and of the
prevailing wage rate for the occupation in the U.S, and evidence overcoming each reason why the certification was not granted; and
• Copies of evidence, such as employment letters and training certificates, that each named person meets the minimum job requirements stated in the
certification.
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Must the names of all workers be included on Form I-129?
No. Effective Januray 18, 2009, H2B petitioners may specify only the number of positions sought without naming individual H-2B workers, unless the
workers are already in the U.S.
What are the new notification requirements for H-2B employers?
Effective January 18, 2009, H-2B petitioners are required to provide notification to USCIS within 2 work days in the following instances:
• When an H-2B worker fails to report to work within 5 work days of the employment start date on the petition;
• When the labor or services for which the H-2B workers were hired is completed more than 30 days early; or
• When the H-2B worker absconds from the worksite or is terminated prior to the completion of labor or services for which he or she was hired.
The notification should include the following:

• The reason for the notification;
• The reason for late notification, if applicable;
• The USCIS receipt number of the approved petition;
• The petitioner’s name, address, telephone number, and employer identification number;
• The name of the worker in question;
• The date and place of birth of the worker in question; and
• The last known physical address and telephone number of the worker in question.
In the case of unnamed beneficiaries, USCIS only requires the petitioner to supply the number of workers who failed to report to work instead of their names,
dates and places of birth. Petitioners should retain evidence of the notification filed for a one-year period.
If the petition was approved by the California Service Center, the notification should be sent:
By email to: [email protected].
By mail to: California Service Center, Attn: Div X/BCU ACD, P.O. Box 30050, Laguna Niguel, CA 92607-3004.
If the petition was approved by the Vermont Service Center, the notification should be sent:
By mail to: Vermont Service Center, Attn: BCU ACD, 63 Lower Welden Street, St. Albans, VT 05479
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What are the fees that are prohibited from being paid by H-2B employees?
To protect H-2B workers, USCIS may deny or revoke any petition if it determines (1) that the petition beneficiary has paid or has agreed to pay any fee or
other form of compensation, whether directly or indirectly, to the petitioner, or (2) that the petitioning employer is aware or reasonably should be aware that
the beneficiary has paid or agreed to pay any facilitator or recruiter, or similar employment service, in connection with obtaining the H-2B employment.
Prohibited fees do not include the fair market value of costs of transportation to the U.S. or fees required by a foreign government such as for the issuance of
passports or visas. USCIS will not revoke the petition if the petitioner provides evidence that the beneficiary has been reimbursed in full for any prohibited
fees paid.
• Petitioners who become aware of the payment of prohibited fees paid by beneficiaries should notify USCIS and include the following information:
• The USCIS receipt number of the petition;
• The petitioner’s name, address, and telephone number;
• Name and address of the facilitator, recruiter, or placement service to which beneficiary paid or agreed to pay the prohibited fees.
If the petition was approved by the California Service Center, the notification should be sent:
By mail to: California Service Center, Attn: H2BFee, P.O. Box 10695, Laguna Niguel, CA 92607-1095.
If the petition was approved by the Vermont Service Center, the notification should be sent:
By mail to: Vermont Service Center, Attn: BCU ACD, 75 Lower Welden Street, St. Albans, VT 05479
What is the definition of “seasonal need”?
“Seasonal need” means services that are traditionally connected to a particular time of year because of a recurring event or pattern. Examples of seasonal
need include workers engaged in landscaping or employed at fisheries.
What is the definition of “peak-load need”?
Peak-load need means that an employer regularly employs permanent workers to perform the services needed, but has a temporary need for additional staff
because of an increase in short-term demand. Another characteristic of peak-load need is that the temporary additions to the staff will not become part of the
petitioner’s regular operations.
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What is the definition of “intermittent need”?
Intermittent need means that an employer has an occasional need for workers, from time to time, but not on a regular basis.
What is the definition of “one time occurrence”?
One-time occurrence means that an employer has not previously employed workers to fill the position, and that it will not need such services in the future.
Rather, there must be a temporary event of short duration. Examples of one-time occurrences are commercial remodeling projects or special events such as
international conferences or sporting events.
H2B workers are initially admitted for the time on the Labor Certification, with a maximum of 1 year. H-2B status may be extended in 12-month increments
for a total maximum stay of three years.
What is the period of time that H-2B nonimmigrants must remain outside the U.S. before they can renew their status?
Effective January 18, 2009, once an H-2B worker has reached the maximum 3 year limit on H-2B status, he or she is required to wait 3 months outside the
U.S. before seeking H-2B status again.
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Is there an annual limit on the number of H-2B non-immigrants?
Yes. The current law limits the number of nonimmigrants who may be issued an H-2B visa to 66,000 per fiscal year. However, since H-2B workers are
seasonal workers, and petitioners were not able to file until six months before the first date of employment, the annual cap was reached by the winter
employment petitions before summer petitions could be filed. To address this uneven allocation of seasonal H-2B workers, Congress passed the Save our
Small and Seasonal Businesses Act of 2005. The Act divides the H-2B visa annual cap in half, making it a bi-annual cap by allotting 33,000 the first six
months and 33,000 the final six months. USCIS regulations allow for filings 6 months in advance. However, H-2B petitioners must first obtain a temporary
labor certification from the Department of Labor (DOL). DOL regulations state that the application for temporary labor certification may not be filed more than
120 days in advance of the need for the employee. Thus, USCIS normally begins receiving H-2B petitions with employment start dates in October in June
and with employment start dates in April in December. The cap for the second half of FY 2009 was reached on January 7, 2009. January 7, 2009 was the
“final receipt date” for petitions requesting employment start dates from April 1, 2009 to September 30, 2009. USCIS is currently accepting petitions for the
first half of FY 2010.
For additional information about the annual cap, see our website at www.uscis.gov and go to the “For Employers” link and click on the “Cap Count” link.
Exemptions to the annual cap:

Petitions for current H-2B workers do not count toward the cap. Accordingly, USCIS will continue to process petitions filed to/for:
• Extend the stay of current H-2B workers in the U.S.

• Change the terms of employment for current H-2B workers.
• Allow current H-2B workers to change or add employers.
• H-2B workers who are employed as fish roe processors, fish roe technicians, or as supervisors of fish roe processing. These workers are not subject
to the annual cap.
• H-2B workers who are admitted to perform labor and services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam are exempt
from the annual cap until December 31, 2014.
Note: Congress has not yet extended the Save our Small and Seasonal Business Act. So H-2B workers cannot apply as “returning workers” until such time
as the Act is extended.
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Can an H-2B nonimmigrant only work full-time?
Yes. An H-2B worker can only work full-time; their work must not be part-time.
Can an employer substitute beneficiaries on a Form I-129?
Effective January 18, 2009, beneficiaries in H-2B petitions that are approved and who have not been admitted may be substituted only if the employer can
show that the total number of beneficiaries will not exceed the number of beneficiaries certified in the original labor certification. Beneficiaries who have been
admitted may not be substituted without a new petition accompanied by a newly approved labor certification.
To substitute beneficiaries who were previously approved for consular processing but have not been admitted with workers who are outside the U.S., the
petitioner should send a letter and a copy of the petition approval notice to the consular office where the beneficiary will apply for a visa or to the port of entry
where the beneficiary will apply for admission. The petitioner should also submit the beneficiary’s qualifications, if applicable.
To substitute beneficiaries who were previously approved for consular processing but who have not been admitted with workers who are currently in the U.S.,
the petitioner should file an amended petition with fees at the Service Center where the original petition was filed, with a copy of the original petition approval
notice, a statement explaining why the substitution is necessary, evidence of the qualifications of beneficiaries, if applicable, evidence of the beneficiaries’
current status in the U.S. and evidence that the number of beneficiaries will not exceed the number allocated on the approved labor certification, such as
employment records to show that the number of visas sought in the amended petition were not already issued. The amended petition must be for the same
period of employment as the original petition. Otherwise, a new labor certification and subsequent petition would be required.
45
Hiring a Foreign National for Short-Term Employment H-3 Trainee
or Special Education Exchange Visitor
OVERVIEW
The purpose of the H-3 visa is to allow individuals temporarily to come to the U.S. to receive training that is not available in the beneficiary’s home country,
or to be a participant in a special education exchange program. The training provided to an H-3 cannot be for graduate medical education/training or for the
purpose of providing employment in the U.S.
How can a petitioner apply for an H-3 Trainee or Special Education Exchange Visitor?
What initial criteria must a training program for an H-3 Trainee meet to be considered a valid training program for the purposes of the H-3 visa?
What initial criteria must a facility petitioning for an H-3 Special Education Exchange Visitor meet in order to petition for an H-3 visa or status?
What initial requirements must an H-3 Special Education Exchange Visitor meet in order to be accorded that status?
What kind of initial documentary evidence must the petitioner file for an H-3 Trainee?
What kind of initial documentary evidence must the petitioner file for an H-3 Special Education Exchange Visitor?
Can a petitioner file for more than one H-3 on the same petition?
What is the filing fee for the Form I-129?
How can a petitioner expedite Form I-129?
Where does the petitioner file Form I-129?
How long can a nonimmigrant stay in H-3 Trainee status?
How long can a nonimmigrant stay in H-3 Special Education Exchange Visitor status?
46
What is a petitioner held liable for once an H-3 nonimmigrant is in their organization or company?
Must an H-3 Trainee be in training at all times?
How can a petitioner cancel an H-3 visa or status?
Can an H-3 nonimmigrant change petitioners?
Can an H-3 nonimmigrant train with different petitioners?
Can an H-3 nonimmigrant intend to immigrate permanently to the U.S.?
Can a foreign petitioner apply for an H-3 nonimmigrant?
Can H-3 nonimmigrant work after completion of their training?
47
What initial criteria must a training program for an H-3 Trainee meet to be considered a valid training program for the purposes of
the H-3 visa?
A training program may be approved which:
• Has a fixed schedule, objectives, or means of evaluation;

• Is compatible with the nature of the petitioner's business or enterprise;
• Is not on behalf of a beneficiary who already possesses substantial training and expertise in the proposed field of training;
• Is in a field in which it is likely that the knowledge or skill will be used outside the United States;
• Will not result in productive employment beyond that which is incidental and necessary to the training; and
• Establishes that the petitioner has the physical plant and sufficiently trained manpower to provide the training specified.
What initial criteria must a facility petitioning for an H-3 Special Education Exchange Visitor meet in order to petition for an H-3 visa
or status?
The facility must have 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.
Can an H-3 nonimmigrant work after completion of the training?
No. An H-3 nonimmigrant is required to return to his/her country after completion of the training. An H-3 may only engage in employment as an intern during
his/her training or if the employment is incidental and necessary to the training.
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What initial requirements must an H-3 Special Education Exchange Visitor meet in order to be accorded that status?
• The beneficiary (H-3) must have a foreign residence to which he or she will return.
• The training in question must not be available in the beneficiary’s home country.
• The H-3 beneficiary must not be placed in an employment position that is regularly filled by a citizen or lawful permanent resident.
• The individual must be nearing completion of a baccalaureate degree in special education, or already hold such a degree, or has extensive prior training
and experience in teaching children with physical, mental, or emotional disabilities.
What kind of initial documentary evidence must the petitioner file for an H-3 Trainee?
The petitioner must include the following initial evidence when filing the I-129:
• A detailed description of the structured training program, including the number of classroom hours per week and the number of hours of on-the-job
training per week;
• A summary of the prior training and experience of each individual in the petition; and
• An explanation of why the training is required, whether similar training is available in the alien's country, how the training will benefit the alien in pursuing
a career abroad, and why you will incur the cost of providing the training without significant productive labor.
What kind of initial documentary evidence must the petitioner file for an H-3 Special Education Exchange Visitor?
The petitioner must include the following initial evidence when filing the I-129:
• A description of the training, staff and facilities, evidence the program meets the above conditions, and details of the individual’s participation in the
program; and
• Evidence the alien is nearing completion of a baccalaureate degree in special education, or already holds such a degree, or has extensive prior training
and experience in teaching children with physical, mental, or emotional disabilities.
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Can a petitioner file for more than one H-3 on the same petition?
Yes. More than one beneficiary may be included in the H-3 petition if the beneficiaries will be receiving the same training, for the same period of time, and in
the same location.
How long can a nonimmigrant stay in H-3 Trainee status?
An H-3 Trainee is admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10
days after the validity period ends. The maximum period of stay for an H-3 Trainee is 24 months.
How long can a nonimmigrant stay in H-3 Special Education Exchange Visitor status?
The maximum period of stay in the United States for an H-3 Special Education Exchange Visitor is 18 months.
Must an H-3 Trainee be in training at all times?
Yes. An H-3 must be in training for the duration of the program.
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Hiring a Foreign National for Short-Term Employment O Aliens
with Extraordinary Ability and Support Personnel
OVERVIEW
The primary purpose of the O-1 nonimmigrant visa category is to temporarily allow aliens with extraordinary ability in certain fields or extraordinary
achievement in a particular industry to work in the United States. In addition, the O-2 nonimmigrant visa category allows aliens accompanying an O-1 with
extraordinary ability, to assist in a specific event or performance in the United States.
Aliens who have an O-1 visa and are seeking entry into the U.S. must have extraordinary ability in one the following fields in order to qualify for an O-1:
• Arts,
• Sciences,
• Education,
• Business, or
• Athletics
Or they must have extraordinary achievement in one or both of the following industries:
• Motion pictures, or
• Television
How does an employer apply for an O nonimmigrant employee?

Who can petition for an O?
What kind of evidence or documents will a U.S. employer need to file with Form I-129 for an O-1 nonimmigrant?
From whom can a consultation or written advisory opinion be obtained?
What is the definition of “extraordinary ability in the field of arts”?
What is the definition of “extraordinary ability in the field of science, education, business, or athletics”?
What is the definition of “extraordinary achievement in the motion picture and television industries” mean?
What is considered a “peer group”?
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Can one petition be filed for an O-1 and O-2?
Does the employer have to file the petition for the O-2 in conjunction with the O-1?
How can a nonimmigrant bring his family to the U.S. or change the status of family members already in the U.S.?
How long can a nonimmigrant stay in O status?
What is an employer liable for once an O nonimmigrant is in their employ?
How can an employer cancel an O visa or status?
Can an O nonimmigrant intend to immigrate permanently to the U.S.?
52
Who can petition for an O?
The petition must be filed by a U.S. employer or a U.S. agent representing a U.S. employer or foreign employer. That is, the foreign national cannot self-
petition for O status, and a foreign employer cannot petition for the status without a U.S. agent. A U.S. agent may file a petition for (1) workers who are
traditionally self-employed, (2) workers who traditionally use agents to arrange short-term employment, and (3) foreign employers who have authorized the
agent to act on their behalf. The agent may be the employer of the beneficiary, a representative of both the employer and the beneficiary, or a person or
entity authorized by the employer to act for, or in the place of, the employer as its agent.
A petition filed by an agent is subject to the following conditions:

• Persons or companies in business as agents who petition on behalf of a foreign employer must be authorized to file the petition and to accept service
of process in the U.S. on behalf of the foreign employer.
• Agents who also function as employers must provide a copy of the contractual agreement between the agent and the worker that specifies the wage
offered and the other terms and conditions of employment.
• Agents may file petitions involving multiple employers as the representative of the employers and beneficiary if s/he includes the itinerary and the
contract. A complete itinerary of the event or events must specify the dates of each service or engagement, the names and addresses of the actual
employers, and the names and addresses of the establishments, venues, or locations where the services will be performed. The contract between
each employer and the beneficiary must also be provided. The contract should specify the wage offered and explain the terms and conditions of
employment.
• Agents acting on behalf of foreign employers are also responsible for complying with all conditions relating to employer sanctions provisions, such as
Form I-9 compliance.
What is the definition of “extraordinary ability in the field of arts”?
Extraordinary ability in the field of arts means having achieved distinction - a high level of achievement in the field of arts.
What is the definition of “extraordinary ability in the field of science, education, business, or athletics”?
Extraordinary ability in the field of science, education, business, or athletics means a level of expertise indicating that the person is one of a small percentage
who have risen to the very top of the field of endeavor.
What is the definition of “extraordinary achievement in the motion picture and television industries”?
Extraordinary achievement in the motion picture and television industries means a very high level of accomplishment in the motion picture or television
industry.
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What is considered a “peer group”?
Peer group is a group or organization comprised of practitioners of the alien's occupation.
The following tables indicate the documentary evidence that regulations require an employer to initially file with the I-129.
If an employer files an I-129 based Then the employer will need the following supporting evidence:
on an O-1:
A written advisory opinion from a peer group (including labor organizations) or a person designated by
the group with expertise in the alien's area of ability;
A copy of any written contract between the employer and the alien or a summary of the terms of the oral
agreement under which the alien will be employed;
Evidence that the alien has received a major, internationally-recognized award, such as a Nobel Prize,
or evidence of at least three of the following:
With extraordinary ability in the • Receipt of nationally or internationally recognized prizes or awards for excellence in the field of
sciences, education, business, or endeavor;
athletics • Membership in associations in the field for which classification is sought that require outstanding
achievements as judged by recognized international experts;
• Published material in professional or major trade publications, newspapers or other major media
about the alien and his work in the field for which classification is sought;
• Original scientific, scholarly, or business-related contributions of major significance in the field;
• Authorship of scholarly articles in professional journals or other major media in the field for which
classification is sought;
• A high salary or other remuneration for services as evidenced by contracts or other reliable
evidence;
• Participation on a panel, or individually, as a judge of the work of others in the same field or in a field
of specialization allied to that field for which classification is sought;
• Employment in a critical or essential capacity for organizations and establishments that have a
distinguished reputation.
OR (continued on next page)
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If an employer files an Then the employer will need the following supporting evidence:
I-129 based on an O-1:
A written advisory opinion, describing the alien’s ability as follows:
• If the petition is based on the alien's extraordinary ability in the arts, the consultation must be from a peer group
(including labor organizations) in the alien's field of endeavor; or a person or persons designated by the group with
expertise in the alien's area of ability.
• If the petition is based on the alien's extraordinary achievements in the motion picture or television industry,
separate consultations are required from a labor and a management organization with expertise in the alien's field
With extraordinary ability of endeavor.
in the arts or
extraordinary A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement
achievement in the under which the alien will be employed;
motion picture or
television industry Evidence the alien has received, or been nominated for, significant national or international awards or prizes in the
particular field, such as an Academy Award, Emmy, Grammy or Director's Guild Award, or evidence of at least three of
the following:
• Performed or will perform services as a lead or starring participant in productions or events which have a
distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications,
contracts or endorsements;
• Achieved national or international recognition for achievements, as shown by critical reviews or other published
materials by or about the individual in major newspapers, trade journals, magazines, or other publications;
• A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or
standing in the field, box office receipts, motion picture or television ratings and other occupational achievements
reported in trade journals, major newspapers or other publications;
• Received significant recognition for achievements from organizations, critics, government agencies or other
recognized experts in the field in which the alien is engaged, with the testimonials clearly indicating the author's
authority, expertise and knowledge of the alien's achievements;
• A high salary or other substantial remuneration for services in relation to others in the field, as shown by
contracts or other reliable evidence.
If the above standards do not readily apply to the alien's occupation, the petitioner may submit comparable.
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The following table indicates the documentary evidence regulations require an employer to initially file with the I-129.
If an employer files an Then the employer will need the following supporting evidence:
I-129 based on an O-2
who is:
A written advisory opinion based on one of the two conditions:
If the O-2 petition is for an alien accompanying an O-1 alien of extraordinary ability in the arts, the opinion must be from a labor
organization with expertise in the skill area involved.
Support Personnel If the O-2 petition is for an alien accompanying an O-1 alien of extraordinary achievement in the field of motion picture or
television, the opinion must be from a labor organization and a management organization with expertise in the skill area
involved.
Evidence of the current essentiality, critical skills, and experience of the O-2 alien with the O-1 alien, and that the alien has
substantial experience utilizing the critical skills and essential support services for the O-1. In the case of a specific motion
picture or television production, the evidence shall establish that significant production has taken place outside the U.S., and
will take place inside the U.S., and that the continuing participation of the alien is essential to the successful completion of the
production.
Can one petition be filed for an O-1 and O-2 nonimmigrant?
No. O-2 nonimmigrants must be filed for on a separate petition from the O-1 nonimmigrant.
Does the employer have to file the petition for the O-2 nonimmigrant in conjunction with the O-1 nonimmigrant?
Yes. An O-2 nonimmigrant must be petitioned for in conjunction with the services of the O-1 nonimmigrant; therefore, the O-1 petition and the O-2 petition
must be filed concurrently.
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How long can a nonimmigrant stay in O status?
An O nonimmigrant is normally admitted to the United States for a period of time necessary to accomplish the event or activity, not to exceed 3 years. The
period of time is normally equal to the validity period of the petition. In addition, an O nonimmigrant may be admitted up to 10 days before the validity period
begins and 10 days after the validity period ends. There is no maximum period of stay for an O nonimmigrant. An O nonimmigrant may remain in O status
so long as the approved I-129 remains valid.
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Hiring a Foreign National for Short-Term Employment P-1 Internationally Recognized Athletes,
or an Athletic Team, Members of an Entertainment Group, Certain
Other Athletes and Entertainers, and Essential Support Personnel
OVERVIEW
The purpose of the P-1 visa classification is to allow individuals who are internationally recognized athletes, or an athletic team, members of an entertainment
group, certain other athletes and entertainers, and the individuals who provide essential support to them, to temporarily enter the U.S. to practice their craft
for a specific time and event(s). Effective 12-22-06, new legislation passed allowing additional athletes and entertainers to use the P-1 visa classification.
For information on what types of additional athletes are allowed under this new legislation, please see the question below, “What are the new categories of
athletes and entertainers allowed under the P-1 visa classification?”
How does an employer apply for a P-1 nonimmigrant employee?

What is the definition of “internationally recognized”?
What is the definition of “group”?
What is the definition of “team”?
What is considered a “competition, event, or performance”?
What are the additional allowed types of P-1 athletes and entertainers?
What initial eligibility requirements must a P-1 Internationally Recognized Athlete meet?
What initial eligibility requirements must P-1 Members of an Athletic Team meet?
What initial eligibility requirements must P-1 Members of an Entertainment Group meet?
What initial eligibility requirements must P-1 Essential Support Personnel meet?
What kind of initial documentary evidence will a U.S. employer need to file for a P-1 Internationally Recognized Athlete or Members of an Athletic
Team?
What kind of initial documentary evidence will a U.S. employer need to file for P-1 Members of an Entertainment Group?
What kind of initial documentary evidence will a U.S. employer need to file for P-1 Essential Support Personnel?
Who can provide a consultation or a written advisory opinion?
Can an employer include more than one worker on the Form I-129?
Must the names of all workers be listed on the I-129 if it is a blanket petition?
Can a beneficiary or beneficiaries of a Form I-129 be substituted?
Can essential support personnel be filed for on the same petition as the principal P-1?
Is there an additional fee for a blanket petition?
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How long can a nonimmigrant stay in P-1 status?
What is an employer liable for once a P-1 is in their employ?
Can a P-1 Internationally Recognized Athlete be traded?
What does the new organization or employer need to do so that the P-1 can continue working after being traded?
Can a P-1 nonimmigrant change employers?
Can a P-1 nonimmigrant work for more than one employer?
Can a P-1 nonimmigrant intend to immigrate permanently to the U.S.?
Can a foreign employer apply for a P-1 nonimmigrant to work in the U.S.?
Can a P-1 nonimmigrant work in more than one location?
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What is the definition of “internationally recognized”?
Internationally recognized means having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that
ordinarily encountered, to the extent that such achievement is renowned, leading, or well known in more than one country.
Group is defined as two or more persons established as one entity or unit to perform or to provide a service.
What is the definition of “team”?
Team is defined as two or more persons organized to perform together as a competitive unit in a competitive event.
What is considered a “competition, event, or performance”?
A competition, event, or performance is considered an activity such as an athletic competition, athletic season, tournament, tour, exhibit, project,
entertainment event, or engagement.
What are the additional allowed types of P-1 athletes and entertainers?
The P-1 visa category was expanded to include several additional types of athletes and entertainers as follows:
• An individual athlete on an athletic team that is a member of an association of six (6) or more professional sports teams whose total combined
revenues exceed $10 million per year, if the association governs the conduct of its members and regulates the contests and exhibitions in which its
member teams regularly engage or any minor league team that is affiliated with such an association.
• Individual coaches and athletes performing with teams in the U.S. that are part of an international league or association of fifteen (15) or more
amateur sports teams if 1) the league is operating at the highest level of amateur performance in the relevant foreign country, 2) participating in that
league renders the players ineligible to get a scholarship to play at a collegiate level in the U.S. and, 3) a significant number of the players in the
league get drafted to play for major or minor league teams in the U.S.
• Amateur and professional ice skaters that perform in theatrical ice skating productions seeking to enter the U.S. to skate in a competition or theatrical
production.
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What initial eligibility requirements must a P-1 Internationally Recognized Athlete meet?
The athlete must have an internationally recognized reputation as an international athlete. In addition, the athlete must be coming to the United States to
participate in an athletic competition that has a distinguished reputation and that requires participation of an athlete who has an international reputation.
What initial eligibility requirements must P-1 Members of an Athletic Team meet?
The athletic team as a unit must be internationally recognized as outstanding in the discipline and must be coming to perform services that require an
internationally recognized athletic team.
What initial eligibility requirements must P-1 Members of an Entertainment Group meet?
The entertainment group as a unit must be internationally recognized as outstanding in the discipline and must be coming to perform services that require an
internationally recognized entertainment group.
What initial eligibility requirements must P-1 Essential Support Personnel meet?
The essential person must have been determined to be an integral part of the performance of a P-1 because he or she performs support services that cannot
be readily performed by a U.S. worker and that are essential to the successful performance of services by the P-1.
The essential person must have appropriate qualifications to perform the services, critical knowledge of the specific services to be performed, and experience
in providing such support to the P-1.
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What kind of initial documentary evidence will a U.S. employer need to file for a P-1 Internationally Recognized Athlete or Members
of an Athletic Team?
A United States employer seeking to bring an Internationally Recognized Athlete or Members of an Athletic Team to the U.S must supply the following:
• Copy of the contract with a major U.S. sports league or team or contract in an individual sport commensurate with national or international recognition in
that sport.
• Copies of evidence of at least 2 of the following:
a) Participation to a substantial extent in a prior season with a major U.S. sports league,
b) Participation in international competition with a national team,
c) Participation to a substantial extent in a prior season for a U.S. college or university in intercollegiate competition,
d) A written statement from an official of a major U.S. sports league or an official of the governing body of the sport detailing how the alien or team is
nationally or internationally recognized,
e) A written statement from a member of the sports media or a recognized expert in the sport detailing how the alien or team is nationally or
internationally recognized,
f) The individual or team is ranked if the sport has national or international rankings, or
g) The alien or team has received a significant honor or award in the sport.
What kind of initial documentary evidence will a U.S. employer need to file for P-1 Essential Support Personnel?
A United States employer seeking to bring Essential Support Personnel to the U.S must supply the following:
• A consultation from a labor organization with expertise in the area of the alien's skill;
• A statement describing the alien(s) prior essentiality, critical skills, and experience with the principal alien(s); and
• A copy of the written contract or a summary of the terms of the oral agreement between the alien(s) and the employer.
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What kind of initial documentary evidence will a U.S. employer need to file for P-1 Members of an Entertainment Group?
A United States employer seeking to bring Members of an Entertainment Group to the U.S. must supply evidence that the group:
• Has been established and performing regularly for a period of at least 1 year;
• Has been internationally recognized in the discipline for a sustained and substantial period of time.
• International recognition for a sustained and substantial period of time may be demonstrated by the submission of evidence of the group's nomination or
receipt of significant international awards or prizes for outstanding achievement in its field. Or by three of the following different types of documentation
that demonstrate the group has:
a) Performed, and will perform, as a starring or leading entertainment group in productions or events which have a distinguished reputation as
evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;
b) Achieved international recognition and acclaim for outstanding achievement in its field as evidenced by reviews in major newspapers, trade journals,
magazines, or other published material;
c) Performed, and will perform, services as a leading or starring group for organizations and establishments that have a distinguished reputation
evidenced by articles in newspapers, trade journals, publications, or testimonials;
d) A record of major commercial or critically acclaimed successes, as evidenced by such indicators as ratings; standing in the field; box office receipts;
record, cassette, or video sales; and other achievements in the field as reported in trade journals, major newspapers, or other publications;
e) Achieved significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field. Such
testimonials must be in a form that clearly indicates the author's authority, expertise, and knowledge of the alien's achievements; or
f) Either commanded a high salary or will command a high salary or other substantial remuneration for services comparable to others similarly situated
in the field as evidenced by contracts or other reliable evidence.
• A statement from the petitioner listing each member of the group and the exact dates for which each member has been employed on a regular basis by
the group.
A beneficiary of an I-129 for a P-1 may be admitted to the U.S. for the validity period of the petition, plus a period of up to 10 (ten) days before the validity
period begins and 10 (ten) days after the validity period ends. The beneficiary may not work except during the validity period of the petition. A P-1
Internationally Recognized Athlete can be granted a maximum period of stay of up to ten years. There is no maximum period of stay of other P-1s.
However, extensions of stay for athletic teams, entertainment groups and their essential support personnel may only be authorized in one-year increments.
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Can a P-1 Internationally Recognized Athlete be traded?
Yes. A P-1 Internationally Recognized Athlete could be traded.
What does the new organization or employer need to do so that the P-1 can continue working after being traded?
In the case of a P-1 Internationally Recognized Athlete who is traded from one organization to another organization, their ability to work will automatically
continue for a period of 30 days after acquisition by the new organization or employer. However, the new organization or employer must file a new Petition
for Nonimmigrant Worker (I-129) with the Vermont Service Center within 30 days after acquisition by the new employer. The new organization or employer
can use the process at the following hyperlink: How to apply for a P nonimmigrant
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Hiring a Foreign National for Short-Term Employment P-2 Artists or Entertainers
in a Reciprocal Exchange Program and Essential Support Aliens
OVERVIEW
The purpose of the P-2 visa classification is to allow an alien to temporarily enter the U.S. to perform as an artist or entertainer individually or as part of a
group, under a reciprocal exchange program agreement between an organization in the U.S. and an organization(s) in a foreign country. Additionally, the P-2
classification allows essential support personnel to P-2 artists or entertainers to enter the U.S. temporarily as well.

What is the definition of “arts”?
What is considered an “event or performance”?
What initial requirements must the reciprocal exchange meet?
What initial requirements must P-2 Essential Support Personnel meet?
What kind of initial documentary evidence will a U.S. employer need to file for a P-2 Artist or Entertainer in a Reciprocal Exchange Program?
What kind of initial documentary evidence will an U.S. employer need to file for a P-2 Essential Support Personnel?
Who can provide a consultation or written advisory opinion?
Can an employer include more than one worker on Form I-129?
Must the names of all workers be listed on Form I-129 if it is a blanket petition?
Questions continued on next page
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What is an employer held liable for once a P-2 nonimmigrant is in their employ?
How can an employer cancel a P-2s visa or status?
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Arts is defined as fields of creative activity or endeavor such as, but not limited to, fine arts, visual arts, and performing arts.
An event, or performance is considered an activity such as a tour, exhibit, project, entertainment event, or engagement.
What initial requirements must the reciprocal exchange meet?
The exchange of artists or entertainers must be similar in terms of caliber of artists or entertainers, terms and conditions of employment, such as length of
employment, and numbers of artists or entertainers involved in the exchange.
The essential support person must have been determined to be an integral part of the performance of a P-2 because he or she performs support services
that cannot be readily performed by a U.S. worker and are essential to the successful performance of services by the P-2.
The essential support person must have appropriate qualifications to perform the services, critical knowledge of the specific services to be performed, and
experience in providing such support to the P-2.
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What kind of initial documentary evidence will an U.S. employer need to file for a P-2 Artist or Entertainer in a Reciprocal Exchange
Program?
A U.S. employer or the sponsoring organization files the I-129 with:
• A written consultation by an appropriate labor organization;
• A copy of the formal reciprocal exchange agreement between the U.S. organization(s) or employer(s) sponsoring the alien and the organization(s) in a
foreign country which will receive the U.S. artist or entertainer;
• A statement from the sponsoring organization describing the reciprocal exchange of U.S. artists or entertainers as it relates to the specific petition for
which classification is sought;
• Evidence that the alien and the U.S. artist or entertainer subject to the reciprocal exchange agreement artist with comparable skills and that the terms
and conditions of employment are similar; and
• Evidence that an appropriate labor organization in the U.S. was involved in negotiating, or has concurred with, the reciprocal exchange of U.S. and
foreign artists or entertainers.
What kind of initial documentary evidence will a U.S. employer need to file for a P-2 Essential Support Personnel?
The U.S. employer files the petition with the following evidence:
• A written consultation with a labor organization in the skill in which the alien will be involved;
• A statement describing the alien’s prior and current essentiality, critical skills and experience with principal alien;
• A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be
employed.
A beneficiary of an I-129 for a P-2 may be admitted to the U.S. for the validity period of the petition, plus a period of up to 10 days before the validity period
begins and 10 days after the validity period ends. The beneficiary may not work except during the validity period of the petition. There is no maximum period
of stay. However, extensions of stay may only be authorized in one-year increments.
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Hiring a Foreign National for Short-Term Employment P-3 Artists or Entertainers
in a Culturally Unique Program and Essential Support Aliens
OVERVIEW
The purpose of the P-3 visa classification is to allow an alien to temporarily enter the U.S. as an artist or entertainer to perform, teach or coach, individually or
as part of a group, in a program that is culturally unique.

What is the definition of “culturally unique”?
What initial requirements must P-3 Artists or Entertainers in a Culturally Unique Program meet?
What kind of initial documentary evidence will a U.S. employer need to file for a P-3 Artist or Entertainer?
Who can provide a consultation or written advisory opinion?
Can a beneficiary or beneficiaries be substituted on Form I-129?
What is the filling fee for Form I-129?
Does an employer have to pay an additional fee for a blanket petition?
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What is an employer liable for once a P-3 nonimmigrant is in their employ?
How can an employer cancel a P-3 visa or status?
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What is the definition of “culturally unique”?
Culturally unique means a style of artistic expression, methodology, or medium that is unique to a particular country, nation, society, class, ethnicity, religion,
tribe, or other group of persons.
Arts is defined as fields of creative activity or endeavor such as, but not limited to, fine arts, visual arts, and performing arts.
An event or performance is considered an activity such as a tour, exhibit, project, entertainment event, or engagement.
What initial requirements must P-3 Artists or Entertainers in a Culturally Unique Program meet?
The artist or entertainer must be coming to the United States to participate in a cultural event or events which will further the understanding or development of
his or her art form.
The event or events must be for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural,
musical, theatrical, or artistic performance or presentation.
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The essential person must have been determined to be an integral part of the performance of a P-3 because he or she performs support services that cannot
be readily performed by a U.S. worker and are essential to the successful performance of services by the P-3.
The essential person must have appropriate qualifications to perform the services, critical knowledge of the specific services to be performed, and experience
in providing such support to the P-3.
What kind of initial documentary evidence will a U.S. employer need to file for a P-3 Artist or Entertainer?
A U.S. employer or the sponsoring organization files the I-129 with:
• A written consultation from an appropriate labor organization;

• Affidavits, testimonials or letters from recognized experts attesting to the authenticity of the alien’s or group’s skills in performing, presenting, coaching or
teaching the unique and traditional art forms and giving the credentials of the expert, including the basis of his or her knowledge of the alien’s or group’s
skills.
• Documentation that all of the performances or presentations will be culturally unique events, and;
• Documentation the performance of the alien or group is culturally unique, as evidenced by reviews in newspapers, journals or other published materials.
The U.S. employer files the petition with the following evidence:
• A written consultation with a labor organization in the skill in which the alien will be involved;
• A statement describing the alien’s prior and current essentiality, critical skills and experience with principal alien;
• A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be
employed.
A beneficiary may be admitted to the U.S. for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days
after the validity period ends. The beneficiary may not work except during the validity period of the petition. There is no maximum period of stay. However,
extensions of stay may only be granted in one-year increments.
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Hiring a Foreign National for Short-Term Employment Q-1 International Cultural Exchange Visitor
OVERVIEW
The purpose of the Q-1 International Cultural Exchange Visitor classification is to allow participants in an international cultural exchange program to
obtain employment and training in the United States while sharing their history, culture, and the traditions of their home country with the American public.
How does an employer apply for a Q-1 nonimmigrant employee?

What initial requirements must the international cultural exchange program meet?
What initial eligibility requirements must the beneficiary of a Q-1 petition meet?
Who is considered an “international cultural exchange visitor”?
What is the definition of “doing business”?
What is the definition of “duration of program”?
What kind of initial documentary evidence will a U.S. employer need to file with Form I-129?
Can an employer expedite Form I-129?
Can the dependents of a Q-1 nonimmigrant accompany or follow-to-join the Q-1?
How long can a nonimmigrant stay in Q-1 status?
What is an employer held liable for once a Q-1 is in their employ?
How can an employer cancel a Q-1 visa or status?
Can a Q-1 nonimmigrant change employers?
Can a Q-1 nonimmigrant work for more than one employer?
Can a Q-1 nonimmigrant work in more than one location?
Can a Q-1 nonimmigrant intend to immigrate permanently to the U.S.?
Can a foreign employer apply for a Q-1 nonimmigrant to work in the U.S.?
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What initial requirements must the international cultural exchange program meet?
In order to qualify as an international cultural exchange program the international cultural exchange program must:
• Be accessible to the public by taking place in a school, museum, business or other establishment where the American public, or a segment of the public
sharing a common cultural interest, is exposed to aspects of a foreign culture as part of a structured program;
• Have a cultural component, which is an essential and integral part of the international cultural exchange visitor's employment or training; and
• The international cultural exchange visitor's employment or training in the United States may not be independent of the cultural component of the
international cultural exchange program. The work component must serve as the vehicle to achieve the objectives of the cultural component.
Note: The cultural component must be designed, on the whole, to exhibit or explain the attitude, customs, history, heritage, philosophy, or
traditions of the international cultural exchange visitor's country of nationality.
Who is considered an “international cultural exchange visitor”?
An international cultural exchange visitor is considered a person who has a residence in a foreign country that he or she has no intention of abandoning, and
who is coming temporarily to the United States to take part in an international cultural exchange program approved by the Attorney General.
What is the definition of “doing business”?
Doing business means the regular, systematic, and continuous provision of goods and/or services (including lectures, seminars and other types of cultural
programs) by a qualified employer that has employees, and does not include the mere presence of an agent or office of the qualifying employer.
What is the definition of “duration of program”?
Duration of program means the time in which a qualified employer is conducting an approved international cultural exchange program in the manner as
established by the employer's petition for program approval, provided that the period of time does not exceed 15 months.
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What kind of initial documentary evidence will an U.S. employer need to file with Form I-129, Petition for a Nonimmigrant Worker?
The petition must be filed with evidence that the employer:
• Maintains an established international cultural exchange program.
This may be demonstrated by submitting copies of catalogs, brochures or other types of materials that illustrate:
a) The cultural component of the program is designed to give an overview of the attitude, customs, history, heritage, philosophy, tradition and/or
other cultural attributes of the participant’s home country, and;
b) The program activities take place in a public setting where the sharing of culture can be achieved through direct interaction with the American
public or a segment thereof.
• Has designated a qualified employee as a representative who will be responsible for administering the international cultural exchange program and who
will serve as liaison with the U.S. Citizenship and Immigration Services;
• Is actively doing business in the United States;
• Will offer the alien(s) wages and working conditions comparable to those accorded local domestic workers similarly employed; and
• Has the financial ability to remunerate the participant(s).
What initial eligibility requirements must the beneficiary of a Q-1 petition meet?
In order to qualify initially for a Q-1 the beneficiary must meet the following:
• Is at least 18 years of age at the time the petition is filed;
• Is qualified to perform the service or labor or receive the type of training stated in the petition;
• Has the ability to communicate effectively about the cultural attributes of his or her country of nationality to the American public; and
• Has resided and been physically present outside of the United States for the immediate prior year, if he or she was previously admitted as an
international cultural exchange visitor.
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Can the dependents of a Q-1 nonimmigrant accompany or follow-to-join the Q-1?
No. The dependents of Q-1 International Cultural Exchange Visitor cannot accompany or follow-to-join a Q-1. There is no nonimmigrant classification for the
dependents of a Q-1.
How long can a nonimmigrant stay in Q-1 status?
The period of admission is the duration of the approved petition for the Q-1 International Cultural Exchange Visitor or fifteen (15) months, whichever is
shorter. A Q-1 visitor may remain in status for a maximum period not to exceed fifteen months.
Yes. A petitioner may request substitution by submitting a letter with the request along with a copy of the petitioner’s approval notice to the consular office at
which the alien will apply for a visa, or port of entry where the alien will apply for admission.
The Petitioner must state the date of birth, county of nationality, level of education, and position title of each prospective beneficiary and must certify that
each is qualified to perform the service, or receive the training described in the approved petition. The petitioner must also certify each beneficiary’s wages
and that the offered wages and working conditions are comparable to those of domestic workers.
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Hiring a Foreign National for Short-Term Employment R-1 Religious Workers
OVERVIEW
The purpose of the R-1 Religious Worker nonimmigrant visa classification is to afford bona fide nonprofit religious organizations the ability to temporarily bring foreign
workers to the U.S., who for two years immediately preceding the application, have been members of the religious denomination, to work in one of the following capacities:
• as a minister of religion;
• as a professtional in a religious occupation, or;
• for a bona fide nonprofit religious organization in a religious occupation which relates to a traditional religious function.
Effective November 26, 2008 revisions were made to the religious worker program. These revisions ensure the integrity of the program while streamlining
the process for legitimate petitioners.
How does a bona fide nonprofit religious organization apply for an R-1 nonimmigrant employee?
Must a bona fide nonprofit religious organization file the Petition for a Nonimmigrant Worker (I-129) to get an R-1 status for an employee?
What kind of initial documentary evidence will be needed to apply for an R-1 visa or status?
Will USCIS be conducting on-site inspections of religious organizations?
What are the compensation requirements for R-1 workers?
What is considered a bona fide nonprofit religious organization?
What is the definition of “minister”?
What is the definition of “professional capacity”?
How long can a nonimmigrant stay in R-1 Religious Worker status?
What is a religious organization held liable for once an R-1 nonimmigrant is in their employ?
How can a religious organization cancel an R-1 visa or status?
Can an R-1 nonimmigrant change employers?
Can an R-1 nonimmigrant work for more than one religious organization?
Can an R-1 nonimmigrant intend to immigrate permanently to the U.S.?
What are the employer’s notification requirements when an R-1 worker is terminated or working less than the required number of hours?
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How does a bona fide nonprofit religious organization apply for an R-1 Religious Worker?
A foreign national seeking a nonimmigrant R-1 status cannot self-petition, but must have a qualifying employer submit a Form I-129, Petition for a
Nonimmigrant Worker, on his or her behalf. If the beneficiary is already in the U.S. in a valid nonimmigrant status and is seeking a change to R-1 status, the
employer must still submit Form I-129.
Must a bona fide nonprofit religious organization file the Petition for a Nonimmigrant Worker (I-129) to obtain R-1 status for an
employee?
Yes. It is necessary to file Form I-129 to obtain initial R-1 status. It is also necessary to file Form I-129 if the individual is already in the United States in a
valid nonimmigrant status seeking a change to R-1 status or an extension of an R-1 status.
What is considered a bona fide nonprofit religious organization?
A bona fide nonprofit religious organization is a religious organization that is exempt from taxation. A bona fide nonprofit religious organization must apply for
and receive an IRS section 501(c)(3) determination letter to demonstrate non-profit status.
Affiliated organizations or petitioning organizations that are not classified as religious organizations by the IRS must establish that they are tax-exempt and
provide documentation that demonstrates their religious nature and purpose as well as a certification by a tax-exempt religious organization in their
denomination. Such organizations may establish that they are affiliated with the religious denomination by submitting the Religious Denomination
Certification in the revised Form I-129 (with an edition date of November 26, 2008).
What is the definition of “minister”?
Minister means an individual duly authorized by a recognized religious denomination to conduct religious worship and to perform other duties usually
performed by authorized members of the clergy of that religion.
What is the definition of “professional capacity”?
Professional capacity means an activity in a religious vocation or occupation for which the minimum of a United States baccalaureate degree or a foreign
equivalent degree is required.
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How long can a nonimmigrant stay in R-1 Religious Worker status?
The initial admission of a religious worker, spouse and unmarried children under 21 years of age, cannot exceed 30 months. After this an extension may be
granted for an additional period not to exceed 30 months. A religious worker’s total period of stay may not exceed 60 months or 5 years.
What kind of initial documentary evidence will be needed to apply for an R-1 visa or status?
The bona fide nonprofit religious organization must submit documentary evidence that demonstrates the following:
• That the organization qualifies as a nonprofit organization in the form of:
a) A determination letter from the Internal Revenue Service (IRS) showing the tax exempt status of the petitioning religious organization under Internal
Revenue Code 501(c)(3).
Affiliated organizations or petitioning organizations that are not classified as religious organizations by the IRS must establish that they are tax-exempt
and provide documentation that demonstrates their religious nature and purpose as well as a certification by a tax-exempt religious organization in their
denomination. Such organizations may establish that they are affiliated with the religious denomination by submitting the Religious Denomination
Certification in the revised Form I-129.
• According to Form I-129 and Supplement R to the Form, the petitioning religious organization must submit an attestation and evidence as required by the
Form. The attestation must include the following:
a) That the prospective employer is a bona fide non-profit religious organization or a religious organization which is affiliated with the religious
denomination and is exempt from taxation;
b) The number of members of the prospective employer’s organization and the number of aliens holding religious worker status (both immigrant and
nonimmigrant) and the number of petitions filed by the employer for such status within the preceding 5 years;
c) The complete package of salaried or non-salaried compensation being offered and a detailed description of the alien’s proposed daily duties;
d) That an alien seeking nonimmigrant R-1 status will be employed for at least 20 hours per week;
e) That immediately prior to the filing of the petition the alien has the required two years of membership in the denomination and the required two years
of experience in the religious vocation, professional religious work, or other religious work;
f) That the alien is qualified for the religious worker position he or she seeks.
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Will USCIS be conducting on-site inspections of religious organizations?
Yes. USCIS announced the initiation of the Administrative Site Visit and Verification Program (ASVVP). The objective of ASVVP is to enhance the security
and integrity of this visa classification. USCIS may verify supporting evidence provided by a petitioner through any appropriate means, including an on-site
inspection of the petitioning organization. Site visits will be conducted to verify the existence of the petitioning organization and validate the information
provided on the petition. Religious worker site visits will take place prior to the adjudication of the petition. Such visits may include a tour of the
organization’s facilities, an interview with organization officials, review of selected organization records relating to the organization’s compliance with
immigration laws and regulations, and interviews with any other individuals or review of any other records that USCIS considers relevant to the integrity of the
organization.
USCIS will be using contractors to perform the site visits. The contract site inspectors will not be making decisions or judgments. They will conduct
inspections based on a checklist provided by USCIS and be limited to the questions contained therein. These are general inspections aimed simply at
verifying the physical existence of the petitioner, and in the case of employers, also confirm on-site management’s knowledge of the job offer.
Site inspectors will verify the existence of a petitioning entity, take digital photos, obtain documents, and speak with organizational representatives to confirm
the beneficiary’s work location, employment workspace, hours, salary, and duties to assist USCIS in determining whether they are in compliance with the
terms and conditions stated in the petition.
What are the compensation requirements for R-1 workers?
The beneficiary of an initial petition for R-1 nonimmigrant status must be compensated either by salaried or non-salaried compensation and the petitioner
must provide verifiable evidence of such compensation. If there is to be no compensation, the petitioner must provide verifiable evidence that such non-
compensated religious workers will be participating in an established, traditionally non-compensated, missionary program within the denomination, which is
part of a broader international program of missionary work sponsored by the denomination. The petitioner must also provide evidence of how the aliens will
be supported while participating in that program. Petitioners must also provide evidence of past compensation or support for nonimmigrants with any
extensions of status request for such nonimmgrants.
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What are the employer’s notification requirements when at R-1 worker is terminated or is working less than the required number of
hours?
The petitioning employer must notify USCIS within 14 days when an R-1 worker is working less than the required number of hours or has been terminated or
released from employment before the expiration of the period of authorized stay. The petitioner must include the following information in the notification:
• Reason for the notification or a reason for late notification (if applicable);
• USCIS receipt number of the approved R-1 petition;
• Petitioning employer’s information (name, address, telephone number and employer identification number (EIN), if applicable;
• R-1 worker information (full name, date of birth, country of birth, last known physical address and phone number).
The employer should provide notification to USCIS via e-mail at:

[email protected]
Notification to USCIS via e-mail is strongly encouraged; however, notification by regular mail can also be made before the end of the 14 days to the following
address:
U.S. Department of Homeland Security

U.S. Citizenship and Immigration Services
California Service Center
Attn: Div X/BCU ACD
P.O. Box 30050
Laguna Niguel, CA 92607-3004
81
Hiring a Foreign National for Short-Term Employment TN Professionals (NAFTA)
OVERVIEW
The primary purpose of the TN nonimmigrant visa classification is to allow Canadian and Mexican professionals to temporarily work in the United States.
The North American Free Trade Agreement (NAFTA) created the TN nonimmigrant classification in 1993. In order to qualify, the Canadian or Mexican
professional seeking this status must meet the following criteria:
• The profession is on the NAFTA list;

• The professional possesses the specific requirements for that profession;
• The prospective position requires someone in that professional capacity, and;
• The professional is going to work for a U.S. employer.
NAFTA made obtaining temporary employment in the U.S. and the classification necessary to engage in such employment, easier than previously
possible for certain Canadian and Mexican professionals.
List of Professional Occupations covered by NAFTA
Frequently Asked Questions for Canadians seeking TN status
How does a Canadian citizen apply for TN status?

Frequently Asked Questions for Mexicans seeking TN status
How does a Mexican citizen apply for TN status?

FAQs continue on next page
82
Other Frequently Asked Questions regarding TN status
How can a TN nonimmigrant bring his/her family to the U.S. or change the status of family members in the U.S.?
How long can a nonimmigrant stay in TN status?
What is an employer liable for once a TN nonimmigrant is in their employ?
How can an employer cancel a TN visa or status?
Can a TN nonimmigrant change employers or work for more than one employer?
When can the TN nonimmigrant begin to work for the new employer?
Can a TN nonimmigrant travel outside the U.S. and then reenter?
Can a TN nonimmigrant intend to immigrate permanently to the U.S.?
83
List of Professtional Occupations covered by NAFTA?
The following 63 professions, divided into 4 categories, are covered by NAFTA for TN status. There are minimal educational and/or experience requirements
associated with each profession. This information can be obtained from the Department of State TN visa information website.
Medical/Allied Professionals
Dentist
Dietitian
Profession Medical Laboratory Technologist
Accountant Medical Technologist
Architect Nutritionist
Computer Systems Analyst Occupational Therapist
Disaster Relief Insurance Claims Pharmacist
Adjuster Physician (teaching or research only)
Economist Physiotherapist/Physical Therapist
Engineer Psychologist
Forester Recreational Therapist
Graphic Designer Registered Nurse
Hotel Manager Veterinarian
Industrial Designer
Interior Designer Scientist
Land Surveyor Agricultural (Agronomist)
Landscape Architect Animal Breeder
Lawyer Animal Scientist
Librarian Apiculturist
Management Consultant Astronomer
Mathematician Biochemist
Range Manager/Range Conservationist Chemist
Research Assistant Dairy Scientist
Scientific Technician/ Technologist Entomologist
Social Worker Epidemiologist
Sylviculturist (including forestry) Geneticist
Technical Publications Writer Geochemist
Urban Planner (including Geographer) Geophysicist
Vocational Counselor Horticulturist
Meteorologist
Teacher Pharmacologist
College Physicist
Seminary Plant Breeder
University Poultry Scientist
Soil Scientist and Zoologist
84
How does a Canadian citizen apply for TN status?
A Canadian citizen seeking admission as a TN nonimmigrant needs to show evidence of Canadian citizenship, a job offer letter from a U.S. employer offering
a job included on the NAFTA list. The Canadian citizen may also need to provide a credentials evaluation establishing qualification for the offered job. The
prospective employee can apply for admission to the U.S. with an immigration officer at a U.S. port of entry.
A prospective U.S. based employer does not have to file any paperwork on behalf of a Canadian citizen seeking TN status; they only need to supply a letter
offering the prospective employee a job in the United States, which is included on the NAFTA job list.
How does a Mexican citizen apply for TN status?
A Mexican citizen seeking admission as a TN nonimmigrant needs to apply for a TN visa at a U.S. consulate with evidence of Mexican citizenship and a job
offer letter from a U.S. employer offering a job included on the NAFTA list. The Mexican citizen may also need to provide a credentials evaluation
establishing qualification for the offered job.
A prospective U.S. based employer does not have to file any paperwork on behalf of a Mexican citizen seeking TN status; they only need to supply a letter
offering the prospective employee a job in the United States, which is included on the NAFTA job list.
Where a bachelor’s degree is specifically required, experience cannot be substituted for the degree. Please refer to the NAFTA Job List for the educational
requirements for each profession.
85
How can a TN nonimmigrant bring his/her family to the U.S. or change the status of family members in the U.S.?
A dependent of a TN nonimmigrant will need to obtain a TD nonimmigrant classification to be admitted to the U.S. The TD applicant should apply with an
immigration officer at a U.S. port-of-entry. If the dependents are already in a valid status in the U.S., but would like to change their status to the TD
nonimmigrant classification, they should file Form I-539, Application to Extend or Change Nonimmigrant Status, with USCIS. If they are out of status in the
U.S., they must return to Canada or Mexico and apply at a port-of-entry.
Note: The term “dependents” as used in this question is defined as the spouse and unmarried children under the age of 21 of a TN nonimmigrant.
In addition, they may not work in the U.S. as TD nonimmigrants.
When can the TN nonimmigrant begin to work for that new employer?
Employment with a different or with an additional employer is not authorized until USCIS approves the Form I-129, Petition for a Nonimmigrant Worker. A TN
nonimmigrant may also change employers by applying at the port-of-entry by presenting the same documentation from the new employer as was required for
the initial application for TN status.
How long can a nonimmigrant stay in TN status?
A qualifying TN nonimmigrant shall be admitted to the U.S. for a period not to exceed three years. There is no specific limit on the total maximum period of
time a citizen of Canada or Mexico may remain in TN status. However, the TN classification is a nonimmigrant classification and is not to be used as a way
in which to immigrate permanently to the U.S.
Can a TN nonimmigrant change employers or work for more than one employer?
Yes. TN nonimmigrants can change employers and work for more than one employer provided the new U.S. employer files a Form I-129, Petition for
Nonimmigrant Worker, with USCIS.
86
How to temporarily employ a foreign national
who is already in the U.S. in another nonimmigrant category.
OVERVIEW
Employing a foreign national who is already in the U.S. in another nonimmigrant status requires a change of status for the prospective employee. In
general, if the prospective employee was admitted as a nonimmigrant, he/she may be able to change to another nonimmigrant status. However,
there are a number of requirements, and a change of status is not available to all nonimmigrant categories or in all circumstances.
Typically, to change status to a nonimmigrant worker, your employer must go through the same process as he/she would go through to hire a foreign
national who is living abroad. The employer usually must file Form I-129 for the prospective employee and the employees’ dependants usually must
file Form I-539 to change status.
An employer may submit a Form I-129, "Petition for Non-immigrant Worker," on behalf of a foreign national who works outside the United States for a
business that has a parent company, subsidiary, branch, or affiliate in the U.S. These workers, called "intracompany-transferees," come to the United
States temporarily to perform services. Such individuals, who perform services in a managerial or executive capacity are called "L-1A Non-
immigrants." Such individuals, who possess specialized knowledge, are called "L-1B Non-immigrants.” The foreign national must be coming to the
United States to work for a parent company, branch, subsidiary or affiliate of the same business that employed the individual abroad. In order to
qualify, the individual must have been employed abroad by the corporation, firm, other legal entity, affiliate, or subsidiary on a full-time basis for at
least one continuous year during the last three-year period.
What are the terms and conditions of the various nonimmigrant employment categories?
How do you change the status of someone who is already in another nonimmigrant status?
87
What are the terms and conditions of the various employment-based nonimmigrant categories?
For information about a particular visa category, please click on the relevant category below.
H-1B H-2A H-2B/H-2R H-3 L-1 O-1
P-1 P-2 P-3 Q-1 R-1 TN
How do you change the status of someone who is already in another nonimmigrant status?
If the beneficiary is NOT in C, D, K, S, or J status, then the process for changing status is the same as for applying for initial status. For information on this
process, please click on the relevant visa category below.
H-1B H-2A H-2B/H-2R H-3 L-1 O-1
P-1 P-2 P-3 Q-1 R-1 TN Canadian
TN Mexican
If the beneficiary is in C, D, K, S, or J visa categories, see next page:
Answer continued on next page
88
If the beneficiary is in C, D, K, S, or J visa categories see below:
C Visa: The beneficiary cannot change status.
D Visa: The beneficiary cannot change status.
K-1/K-2: The beneficiary cannot change status.

K-3/K-4: The beneficiary cannot change status while physically present in the U.S.
S Visa: The beneficiary cannot change status.
J Visa: The beneficiary cannot change status if subject to the two-year foreign residency requirement, unless he/she returns home and physically resides in
his/her country for 2 years following departure from the U.S., or obtains a waiver of the two-year residency requirement.
As noted below, most J-1 waiver applications require filing Form DS-3035 with the Department of State (DOS). For more information on the requirements for
filing Form DS-3035, please see the DOS J-1 visa waiver website.
There are 5 kinds of J-1 waivers:
• Persecution – You would be subject to persecution on account of race, religion, or political opinion if you were to return to your country of residence.
To apply, you would file Form DS-3035 with the DOS, then file Form I-612 with USCIS.
• Hardship – Departure from the U.S. would impose exceptional hardship on your U.S. Citizens or Lawful Permanent Resident spouse or child. To
apply, you would file Form DS-3035 with the DOS, then file Form I-612 with USCIS.
• No objection – Your country issues a “no objection statement” that states that your country does not object to the waiver. To apply, first you would
file Form DS-3035 with the DOS or at the U.S. consulate abroad.
• Request by U.S. agency – This waiver is initiated by a U.S. agency showing that the waiver is in the public interest and that requiring the J-1 to return
to his/her country for 2 years would be “clearly detrimental” to the official interest of the agency. Filing Form DS-3035 with the DOS is also required
for this waiver.
• Conrad State 30 Program – For medical graduates who have agreed to practice medicine for at least 3 years in a medically underserved area. For
this waiver, the J-1 applicant would apply with the state public health department, then file Form I-612 with USCIS.
Waiver applications and eligibility requirements are complex. It may be in your best interest to seek legal advice from a licensed immigration attorney or from
a not-for-profit agency accredited by the Board of Immigration Appeals.
89
How to extend the stay of a temporary foreign nonimmigrant worker
OVERVIEW
In certain circumstances a nonimmigrant can apply for, and receive, an extension of stay. However, there are a number of requirements, and an
extension of stay is not available to all nonimmigrant categories or in all circumstances.
To extend the stay of a nonimmigrant worker, usually the employer must file Form I-129.
How can an employer extend the status of a nonimmigrant worker if their status is expiring?
If I already filed a petition for an extension of status for my employee, can I continue employing him/her?
90
How can an employer extend the status of a nonimmigrant worker if their status is expiring?
To extend status, refer to the process for applying for intial status. For information on this process, please click on the relevant visa category below.
H-1B H-2A H-2B/H-2R H-3 L-1 O-1
P-1 P-2 P-3 Q-1 R-1 TN Canadian
TN Mexican
If I already filed a petition for an extension of status for my employee, can I continue employing him/her?
A nonimmigrant employee, whose status has expired but who had an I-129 petition filed for them to extend their stay BEFORE their status expired, is
authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the previous
authorized period of stay. Such authorization shall be subject to any conditions and limitations noted on the initial authorization.
If the petition for extension is denied, the employment authorization automatically terminates upon notification of the denial decision, even if this occurs prior
to the expiration of the 240 days.
Note: Since the H-1C visa classification expires on December 20, 2009, no petitions for extension of such status beyond that date will be accepted.
91
Information about Intracompany Transferees (L-1 Nonimmigrants)
OVERVIEW
An employer may submit a Form I-129, "Petition for Non-immigrant Worker," on behalf of a foreign national who works outside the United States for a
business that has a parent company, subsidiary, branch, or affiliate in the U.S. These workers, called "intracompany-transferees," come to the United
States temporarily to perform services. Such individuals, who perform services in a managerial or executive capacity are called "L-1A Non-
immigrants." Such individuals, who possess specialized knowledge, are called "L-1B Non-immigrants." The foreign national must be coming to the
United States to work for a parent company, branch, subsidiary or affiliate of the same business that employed the individual abroad. In order to
qualify, the individual must have been employed abroad by the corporation, firm, other legal entity, affiliate, or subsidiary on a full-time basis for at
least one continuous year during the last three-year period.
To request expedited processing of Form I-129, you may submit a Form I-907 "Request for Premium Processing" and the appropriate fee.
How does an employer apply for an L-1 nonimmigrant employee?

What kind of initial evidence or documents will a U.S. employer need to file with Form I-129 for an L-1 nonimmigrant?
What is the definition of “intracompany transferee”?
What is the definition of “managerial capacity”?
What is the definition of “executive capacity”?
What is the definition of “specialized knowledge”?
Can a U.S. employer petition for more than one L-1 worker on the Petition for a Nonimmigrant Worker (I-129)?
Must the names of all workers be listed on the I-129 if it is a blanket petition?
Is there any numerical limitation on the number of workers a U.S. employer can petition for based on an approved blanket petition?
Does the employer have to pay an additional fee for a blanket petition?
How long can a nonimmigrant remain in L-1 status?
What is an employer liable for once an L-1 is in their employ?
How can an employer cancel an L-1 visa or status?
Questions Continue on next page
92
Can an L-1B work at a site other than that of the petitioning employer?
Can an L-1 nonimmigrant intend to immigrate permanently to the U.S.?
Can a foreign employer apply for an L-1 nonimmigrant to work in the U.S.?
Must an L-1 nonimmigrant work full-time?
Can the dependents of an L-1 nonimmigrant work in the United States?
93
What kind of initial evidence or documents will a U.S. employer need to file with Form I-129) for an L-1 nonimmigrant?
A U.S. employer who wants to file a petition for L-1, as required by regulations, should initially file the petition with the following evidence:
• Evidence of the qualifying relationship between the U.S. and the foreign employer that addresses ownership and control, such as an annual report,
copies of articles of incorporation, financial statements, or stock certificates;
• A letter from the alien's foreign qualifying employer detailing his or her dates of employment, job duties, qualifications and salary and demonstrating
that the alien worked for the employer abroad for at least one continuous year within the three-year period before the filing of the petition in an
executive or managerial capacity or in a position involving specialized knowledge; and
• A detailed description of the proposed job duties and qualifications and evidence the proposed employment is in an executive or managerial capacity or
in a position involving specialized knowledge.
What is the definition of “intracompany transferee”?
An "intracompany transferee” is an employee of a company abroad who is to be transferred to an U.S. affiliate, parent, or subsidiary entity on a temporary
work basis. In order to be eligible, the employee must have worked for the company abroad for one continuous year out of the preceding three years. The
employee must be coming to the U.S. in order to continue working for the same employer or the affiliate, subsidiary, or parent company.
What is the definition of “managerial capacity”?
Managerial capacity means an assignment within an organization in which the employee primarily:
• Manages the organization, or a department, subdivision, function, or component of the organization;
• Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization,
or a department or subdivision of the organization;
• Has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) if another
employee or other employees are directly supervised.
• Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.
94
What is the definition of “executive capacity”?
Executive capacity means an assignment within an organization in which the employee primarily:
• Directs the management of the organization or a major component or function of the organization;
• Establishes the goals and policies of the organization, component, or function;
• Exercises wide latitude in discretionary decision-making; and
• Receives only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.
What is the definition of “specialized knowledge”?
Specialized knowledge means special knowledge possessed by an individual of the petitioning organization's: product, service, research, equipment,
techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization's
processes and procedures.
Can a U.S. employer petition for more than one L-1 worker on the Petition for a Nonimmigrant Worker (I-129)?
Yes. An employer can petition for more than one L-1 worker on the Petition for a Nonimmigrant Worker (I-129), which is called a blanket petition.
Must the name of all workers be listed on Form I-129 if it is a blanket petition?
Yes, however the name of the worker only appears on the individual I-129S or I-129, not on the blanket petition itself, because the blanket petition is for the
employer.
Is there a numerical limitation on the number of workers a U.S. employer can petition for based on an approved blanket or individual
L-1 petition?
No. There is no numerical limitation on the number of people an employer could petition for based on an approved blanket or individual L-1petition. However,
the employer must first demonstrate the need for the amount of employees being petitioned for.
95
Does the employer have to pay an additional fee for a blanket petition?
No. The employer does not have to pay any additional fee when submitting the I-129 blanket petition. However, a $500 anti-fraud fee is charged for an alien
filing a visa application abroad for an L blanket petition.
How long can a nonimmigrant stay in L-1 status?
L-1 workers generally are initially admitted for the time granted on the petition not to exceed three years. An L-1B worker in the specialized knowledge
category may remain in the U.S. for a maximum period of five years, but an L-1A executive or manager may remain in the U.S. for a maximum period of
seven years.
Can a foreign employer apply for an L-1 nonimmigrant to work in the U.S?
Yes. A foreign employer can apply for an L-1 to work in the U.S. if the foreign employer has a legal business entity in the U.S.
Must an L-1 nonimmigrant work full-time?
An L-1 nonimmigrant is not required to work full-time, but must dedicate a significant portion of his or her time on a regular and systematic basis.
Can the dependents of an L-1 nonimmigrant work in the United States?
Yes. The L-2 spouse of an L–1 can work in the United States by filing an Application for Employment Authorization (I-765) at the USCIS Service Center
noted on the Form I-765. However, minor children may not be employed under the L-2 classification.
Note: The employer should have either the employee or the employee’s spouse call the USCIS Customer Service toll-free number at 1-800-375-
5283 for more specific information.
96
Can an L-1B nonimmigrant work at a site other than that of the petitioning employer?
No. An L-1B temporary worker can no longer work primarily at a worksite other than that of their petitioning employer if the work will be controlled or
supervised by a different employer or if the offsite work arrangement is essentially to provide labor for hire, rather than service related to the specialized
knowledge of the petitioning employer.
97

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Hiring a Foreign National for Short-Term Employment

What information are you seeking? (Choose one below)

Information about Intracompany Transferees (L-1 Nonimmigrants)

How to extend the stay of a temporary nonimmigrant worker

• E-3 Australian Specialty Occupation Workers

If the beneficiary is… Then…

If beneficiary is… Then….

If beneficiary is… Then the employer should file….

If beneficiary is… Then the beneficiary…

How can an employer expedite a Form I-129?

If the nonimmigrant’s dependents are…. Then the dependents should….

How can an employer seek cancellation of a nonimmigrant’s visa or status?

May a foreign employer apply for a nonimmigrant to work in the U.S.?

Can a nonimmigrant travel outside the U.S. and then reenter?

Can a nonimmigrant in H-1C, O, P, or R status intend to immigrate permanently to the U.S.?

H-1B H-2A H-2B H-3 L-1 O-1 P-1

P-2 P-3 Q-1 R-1 TN Canadian TN Mexican

Can a nonimmigrant employee work for more than one employer?

Frequently Asked Questions

To apply, what is required of the petitioning employer?

How does a prospective employee obtain an E-3 visa?

What is a specialty occupation?

A specialty occupation is one, which requires:

Can an E-3 nonimmigrant immigrate permanently to the U.S.?

Is there a limit on the number of E-3 visas that will be issued?

Frequently Asked Questions

FAQs continued on next page

Copies of evidence that the proposed employment qualifies as a specialty occupation;

Evidence the individual has the required degree by submitting either:

Table Continues on next page

• Is involved in an event or production that has a distinguished reputation;

A specialty occupation is one that requires:

Is it possible to substitute education with experience?

Who will be conducting the site visits?

What specific tasks will the site inspectors perform?

However, there are exceptions to the maximum stay as follows:

Must an H-1B nonimmigrant be working at all times?

For whom can an H-1B nonimmigrant work?

• He or she was lawfully admitted;

• Extend the stay of a current H-1B worker in the U.S.

The following are exemptions to the H-1B cap:

What happens when the cap is reached?

When are the new EAWA requirements effective?

What are the additional employer attestations?

EAWA does not apply to:

How is USCIS implementing EAWA requirements?

Frequently Asked Questions

Does the H-1C nonimmigrant classification have an expiration date?

Can an H-1C nonimmigrant work at more than one facility?

Can an H-1C nonimmigrant employee change employers?

No. An H-1C nonimmigrant may not change employers.

Frequently Asked Questions

Questions continue on next page

Must the name of all workers be included on Form I-129?

What is the definition of “seasonal nature”?

How long can a nonimmigrant stay in H-2A status?

Can an H-2A nonimmigrant only work full-time?

The notification should include the following: