Nonimmigrant Visas

Temporary Workers and Trainees ( H ) Visas

What is an H visa?

If you have a job offer for temporary work in the United States, you may require an H visa in order to work there legally. H visas are for people in specially occupations (usually requiring a bachelor's degree) , agricultural workers, some non-agricultural workers, and certain trainees. Nonimmigrants who will be employed in the United States (except certain information media representatives and treaty traders/investors) must first have a petition filed on their behalf by their future employer. U.S. Citizenship and Immigration Services (USCIS) assigns work visa classifications to approved petitions. The H classification is the most common.

How can I apply for an H visa in Hong Kong? What must I bring to my interview?

H visa applicants do not need to make an appointment to apply for a U.S. non-immigrant visa. Applicants may come to the U.S. Consulate General in Hong Kong Mondays through Fridays from 8:30-10:30 a.m. (except for Hong Kong and U.S. holidays). Applicants should bring with them their original Notice of Approval (Form I-797, see below) . For the categories of H-2A, H2B and H-3, applicants should also be prepared to demonstrate that they have a residence abroad and no intent to abandon it. Because an approved petition does not relieve an applicant of the burden of establishing his or her eligibility for the H visa, the interviewing officer may in some cases arrange a second interview where the applicant will be asked to demonstrate more thoroughly the ongoing nature of the qualifications and circumstances that led to the approval of the petition.

Dependents of H visa holders who wish to join a principal alien must bring the original Notice of Approval (I-797) for themselves or for the principal alien, proof that the principal alien has already entered the United States and evidence of their dependent relationship, i.e., official marriage and/or birth certificates.

The Consulate may process your visa application up to 90 days in advance of your beginning of employment status as noted on your Approval Notice (Form I-797). However, when making your travel plans, please note that due to federal regulations, you can only use the visa to apply for entry to the U.S. starting ten days prior to the beginning of the approved status period noted on your I-797.

How do I obtain the Notice of Approval that is required for an H visa?

Your U.S. employer must file a Petition for a Nonimmigrant worker (Form I-129, available from USCIS in the United States) with USCIS. Beneficiaries of approved petitions receive a Notice of Approval (Form I-797) from USCIS which must be submitted as part of the H visa application. A future employer filing a petition can also make a special request for telegraphic notification of the petition approval by USCIS to the Consulate General.

How long is a visa valid?

The maximum validity of an H visa is multiple entries for the duration of the petition approval as accorded by USCIS. The validities may be restricted in some cases, based on reciprocity with the governments of certain countries. For example, Chinese nationals can only receive H visas valid for two entries over three months per the reciprocity offered by PRC government to U.S. citizens. However, even in these cases the alien may remain in the United States until the petition expires.

How much does a H visa cost?

An application fee of US$131 or HK$1040 (Please click here for updated fee information) must be paid in advance at any branch of Dah Sing Bank. If the application for an H visa is approved, the applicant must in some cases pay a visa issuance fee.

See also: Visiting the U.S.
See also: Tips for U.S. Visas - Temporary Workers (by the Bureau of Consular Affairs, U.S. Department of State - Visa section)

 

Additional Information

• Other Visa Categories

 

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Last modified: December 31, 2007