Non-Immigrant Visas
Temporary Worker Visas
The Immigration and Nationality Act provides several categories of nonimmigrant visas for a person who wishes to work temporarily in the United States:
The H-1B classification applies to persons in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. This classification requires a labor attestation issued by the Secretary of Labor.
The H-2A classification applies to temporary or seasonal agricultural workers.
The H-2B classification applies to temporary or seasonal nonagricultural workers. This classification requires a temporary labor certification issued by the Secretary of Labor.
What Are the Requirements For Getting an "H" Visa?
The Department of Homeland Security's Bureau of Citizenship and Immigration Services has the primary responsibility for evaluating an H visa petition and determining if an individual is qualified. Petitions must be filed by the prospective employer in the United States. When a petition is approved, the applicant will receive a I-797 Notice of Action form.
At a visa interview, all people applying for H visas must establish that they do in fact possess the skills and experience required for the job they are planning to join in the United States, and that the salary for the position meets or exceeds the prevailing wage for similar positions in the region of the United States where the job will be located.
What Documents Should I Submit?
In addition to the items listed below, all H visa applicants must submit the Standard Non-Immigrant Visa Application Documents.
- You will need to present your ORIGINAL Notice of Action (Form I-797) from the Department of Homeland Security's Bureau of Citizenship and Immigration Services.
- You will also need a copy of your I-129 Petition for Nonimmigrant Worker.
- Most applicants also supply a packet of information from their employer describing the position, the sponsoring company, the employee's qualifications, the salary to be paid and the prevailing wage for similar positions in that region.
My Family Member Plans to Accompany or Join Me While I Am Working in the United States. Is He or She Eligible and What Visa Does He or She Need?
Only spouses and children of H work visa holders are eligible for derivative (H4) visas. Parents and other family members are NOT eligible for H4 visas. They may visit a worker for a temporary period if they apply for and receive a tourist visa.
Spouses and children, whether accompanying or following to join a worker, should submit a visa application and recent photograph for each person. Spouses and children must present a copy of their marriage certificate or birth certificate, respectively. Dependents joining a worker already in the United States must produce either the principal applicant's original Form I-797 or a Form I-797 of their own.
PLEASE NOTE: Spouses and children of H visa applicants who are not Singaporean are strongly encouraged to apply for their visas at the same time as the principal applicant, regardless of whether they have firm plans to travel to the United States. If the H visa holder is not present for the application of his or her non-Singaporean spouse and children, the applicants may be asked to apply in their home country, where their marriage and birth documents can be properly verified.
If you plan for a parent (or any other relative besides your spouse and dependent children) to stay with you on a long-term basis while you are working in the United States, please be advised that there is no special visa available for this purpose. Your parent cannot qualfiy for an H-4 visa even if he or she is your dependent. He or she can apply for a B-2 Tourist visa to accompany you and can be granted a stay of up to one year with the possibility of extensions afterward; however, this is by no means guaranteed. Our experience has been that problems with the U.S. Citizenship and Immigration Service tend to ensue once the period of stay exceeds one year. While a USCIS officer will most likely have no personal issue with your taking care of an older family member, the reality is that U.S. immigration law is not currently set up to accomodate this situation.
Where Can I Get More Information?
For information about non-immigrant visas, please see the non-immigrant visa section of the U.S. Department of State's Consular affairs website. For more information about how an employer petitions for a potential employee for an H visa, please visit the United States Citizenship and Immigration Service (USCIS) website.
If you have a specific question about your case, please e-mail the Singapore consular section.