Additional work visa information

Before you can apply for a work visa you must have a valid job offer from your prospective employer in the U.S. who will then apply for a form I-129- Petition for Non - Immigrant Worker, with the Bureau of Citizenship and Immigration Services (USCIS) of the Department of Homeland Security.

Once approved, the employer is sent a Notice of Approval, (Form I-797).  No work visa can be issued without this approved petition form.  When you apply for your work visa,  you must present the ORIGINAL notice of approval form I-797 to the consular officer.  It should be noted that the approval of a petition does not guarantee visa issuance to an applicant found ineligible under provisions of the Immigration and Nationality Act (INA).

Important information for Out-of-District Applicants:
Please be advised that the Consulate does not usually accept applications from non-legal residents of Bermuda. You must seek permission from the Consulate prior to making this application in Bermuda. Please click here for instructions for Out-of-District Applications.   

The categories of work visas are as follows:

• H1A Visa: Registered nurses coming for temporary employment
• H1B Visa: Covers two types of temporary employment-- those in specialty occupations that require college or advanced degree at minimum entry-level, and artists, entertainers, athletes and fashion models of distinguished merit and ability, along with persons assisting in their performance.
• H2A Visa: Temporary or seasonal agriculture workers
• H2B Visa: Persons coming to temporary jobs that could not be filled by U.S. citizens or residents.
• H3 Visa: For professional job trainees in an American company or in the U.S. office of a foreign company.
• L Visa: Managers or executives of multinational corporations transferred to the company's U.S. office. 
• O Visa: Persons of sustained national or international acclaim in the sciences, arts, education, business or athletics coming to the U.S. to work or perform in that field.
• P Visa: Artists, entertainers and athletes recognized at an international level; artists and entertainers performing under a reciprocal agreement between the U.S. and their country; or artists and entertainers whose performances are considered culturally unique. 

NOTE: Athletes and entertainers who do NOT qualify in the O or P categories  must seek H1B status.

• Q Visa: Participants in international cultural exchange programs for the purpose of providing practical training, employment and the sharing of history, culture and traditions of one's home country.

Important: You do not need a work visa if your foreign company sends you to the U.S. for short (e.g. 3 months or less) training programs or to conduct business on behalf of your employer, as long as your place of employment remains your foreign company.

Also, spouses and children of H, L, O, and P (not Q) visa holders are eligible to accompany the principal applicant so long as the principal applicant is able to show that he/she will be able to support his/her family while in the United States. Spouse means only those who are legally married, since common-law marriage is not recognized by U.S. Immigration law.