H1B Temporary Worker Visa

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H1 B Visa Procedure: Applicants for temporary work visas should generally apply at the American Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence.

Documentation required:

1) An application Form DS-156E, completed and signed. Blank forms are available without charge at all U.S. consular offices

2) A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application

3) One (1) 2x2 photograph.

4) A notice of approval, Form I-797

5) Requisite Fee (US$100 application fee) (subject to change)

With the exception of the H-1 and L-1, applicants may also need to show proof of binding ties to a residence outside the United States which they have no intention of abandoning. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.

Applicants should be aware that a visa does not guarantee entry into the United States. The Directorate of Border and Transportation Security in the Department of Homeland Security has authority to deny admission. Also, the period for which the bearer of a temporary work visa is authorized to remain in the United States is determined by the Directorate of Border and Transportation Security, not the consular officer. At the port of entry, a Directorate of Border and Transportation Security official validates Form I-94, Record of Arrival-Departure, which notes the length of stay permitted. Those temporary workers who wish to stay beyond the time indicated on their Form I-94 must contact the Directorate of Border and Transportation Security to request Form I-539, Application to Extend Status. The decision to grant or deny a request for extension of stay is made solely by the Directorate of Border and Transportation Security.


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