INFORMATION ON TEMPORARY WORKER VISA

There are several categories of temporary worker visas.  Following are some of them: 

H-1B      Personal in a specialty occupation

H-2A      Temporary or seasonal agricultural workers

H2-B      Temporary or seasonal nonagricultural workers

H-3       Trainees other than medical or academic also applies to practical training in the education of handicapped children

L-1         Intra company Transferees

O-1         Persons with extraordinary ability in the Sciences, Arts, Education, Business, or Athletics, or extraordinary achievements in the motion picture and television field

P-1 to P-3 Individual or team athletes, or members of an entertainment group that are internationally recognized.

Requirements for a Temporary Worker Visa

In order to be considered as a nonimmigrant under the above classification the applicant’s prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS).  Once approved, the employer or agent is sent a notice of approval, Form I-797.  With the exception of the H-1 and L-1, applicants may also need to show proof of binding ties to a residence in Nepal which they have no intention of abandoning.

All applicants for such visas must have a petition approved by the United States Citizenship and Immigration Service (USCIS) before applying for the visa.

Where to apply for a Temporary Worker’s Visa:

Once you have an approved I-797, go to the NABIL Bank at Maharajgunj (Behind Namaste Super Market) Tel # 977-1-4720890).  Once you apply, NABIL Bank will provide you with a receipt and schedule you for an appointment and mark the time on your receipt.  Do not call the Consular Section.  Appointment information will not be provided over the phone.   Please note:  The application fee is non-refundable,  It is collected whether a visa is issued or not.

When applying applicant must submit the following:

• Completed application form
• 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.
• One colored photograph
• A notice of approval, Form I-797
• MRV receipt (provided by the Bank)
• Citizenship card

The following documents are required at the time of interview:

-        Approval Notice Form I-797 issued by the USCIS

-        Evidence of Employment in the U.S. (e.g., Job letter, pay stubs etc)

-        Firm Registration Documents

-        Tax documents, if any

-        Prior visas/passports

-        Academic records i.e., transcripts

-        Any other relevant documents

-        Firm registration documents in the U.S. (for L-1)

-        Citizenship card

Additional Information for Temporary Workers

Spouse and Children of H and L

The spouse and unmarried, minor children under 21 year of age of an applicant for H or L visas may also be classified as nonimmigrants in order to accompany or join the principal applicant. 

Family members qualifying in derivative status should bring the following at the time of interview:

-        Approval Notice of the spouse - Form I-797 issued by the USCIS

-        Proof of the applicant’s relationship to his/her spouse, and/or children (e.g., marriage and birth certificates, pictures, letters etc)

-        Evidence of Financial resources

-        Any other relevant documents

H1 and L1 applicants may be asked to provide additional information about the U.S. Company for whom they will work.  This may include: a list of employees with salaries, date of hire and immigration status listed; copies of W-2s for company employees and 1120 Tax information for the company.

A person who has received a visa as the spouse or child of a temporary worker may not accept employment in the United States.  The principal applicant must be able to show that he or she will be able to support his or her family in the United States.

A visa is not a guarantee of entry into the United States.  Visa holders are subject to inspection at the port of entry by the U.S. Immigration Officials who have authority to deny admission.  Visa holders should, therefore, carry with them, for possible presentation to immigration inspectors, the evidence submitted to the consular officer when the visa was obtained.

A visa may not be transferred from one person to another, or used by any person other than the one to whom it was issued.