Frequently Asked Questions

Q: How can I get to the United States on these visa programs?

A: You will need to be sponsored by a United States company in order to work temporary or permanent under these visa programs. The first step to hiring most H-1B workers from outside the U.S. is for the employer to file a labor condition application (LCA) with the Department of Labor. The employer is required to file the LCA approval notice with the I-140 for permanent employment and the I-129 petition for temporary employment.

H-1B Work Visa Program

1. The employer must provide copies of evidence that the proposed employment qualifies as a specialty occupation.
2. Evidence that the alien has the required degree by submitting either:
3. A copy of the person’s U.S. baccalaureate or higher degree, which is required by the specialty occupation.
4. A copy of a foreign degree determined to be equivalent to the U.S. degree; or Copies of evidence of education and experience, which is equivalent to the required U.S. degree;
5. A copy of any required license or other official permission to practice the occupation in the state of intended employment; and
6. A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed.

H-2’s Programs

The first step in hiring an H-2 worker from outside the United States is for the employer to apply for a temporary labor certificate with the Department of Labor. These certificates are designed to assure that the admission of aliens to work in this country on a temporary basis will not adversely affect the job opportunities, wages or working conditions of U.S. workers. The employer is required to file the LCA with the I-129 petition.

H-1C Information

Certification Requirements for Certain Health Care Workers Section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) created a new ground of inadmissibility for any uncertified immigrant or non-immigrant alien who seeks to enter the United States to perform labor as a health-care worker. The provision applies, to nurses, physical therapists, occupational therapists, speech language pathologists, medical technologists medical technicians, and physician assistants. Additional occupations may be added. Physicians are not included. The new ground of inadmissibility, section 212(a)(5)(C) of the Immigration and Nationality Act (INA), requires that aliens who seek to apply for an employment-based immigrant or non-immigrant visa or to change their non-immigrant status or adjust their status to that of an alien admitted for permanent residence based upon a visa category involving a health care occupation, are inadmissible unless they obtain a certificate that verifies their education, training, licensing, experience and English competency are comparable to American health care workers. Such certificates may be issued only by specified independent credentialing organizations. Neither the INS nor the Department of State (DOS) has the statutory authority to waive the requirements of section 343 for aliens coming to the United States permanently as immigrants to perform health care services in this country. Thus, INS and DOS have adopted an interim policy of holding applications filed by these aliens in abeyance until regulations are developed and implemented. At this time INS and DOS have agreed to waive the certification requirement for aliens coming to the United States as non-immigrant health care workers until such time as a final rule implementing section 343 in full is published.

H-1C Program

Allows foreign-born registered nurses to work up to three years in certain hospitals which serve Health Professional Shortage Areas . The visa program expires in four years and limits the number of visas issued to 500 per year. Some state nursing boards, including California's, no longer require nurses to possess social security numbers in order to qualify for licensure. This enables nurses who have passed the NCLEX and have an offer of employment to obtain employment authorization first, and a social security card later.

Q: How long can I stay in the United States on these work visas?

H-1B1 Program: Up to 3 years. Total stay limited to 6 years

H-1B2 Program: Up to 3 years. Total stay limited to 6 years.

H-2 Program: Total stay limited to 3 years.

Employers may file for an extension of stay or change of status for certain immigrants.

Q: Does this cost me any money?

A: There are filing fees that the employer must pay. Employers can file an additional form, I-129W that is a request to exempt them from having to pay the $1000.00 filing fee assessed by ACWIA. There is no cost to you at all.

Q: How long does it take to get into the U.S. under this work visa program?

A: This will depend upon the timely filing of an employer and that there are no mistakes in their filing. Petitions should be filed as soon as possible, but no more than 6 months before the proposed employment will begin or the extension of stay is required. If the petition is not submitted at least 45 days before the employment will begin, petition processing and subsequent visa issuance may not be completed before the alien’s services are required or previous employment authorization ends.

Q: What should I do after I receive the packet from United States Job Search?

A: Read all the material in our packet and follow the easy instructions in completing any and all paperwork. Remember that any mistake can be costly to you in time. Understand what information an employer in the U.S. requires by familiarizing yourself with the resume and applications in your packet. Notice the forms I-129,129W and I-140 which are in your packet. Those are the forms that employers must file to petition for you to come to the U.S. on the work visa. We will be sending your resumes to the listings of companies that have been sponsoring and hiring immigrants under these work visa programs.These are the companies that we will concentrate our efforts on. They are familiar with the work visa programs and have already had experience in filing all necessary forms in order to sponsor persons to work for their company. After you have designed your resume in a professional manner, done preferably in Microsoft Word, then send it to our e-mail address ,if you have any degrees, diplomas or certificates for special training please scan them and send them along with your resume and other required forms that are in your work visa packet . If you are unable to send your information by e-mail then you must send it by postal mail

Q:What happens if I want to change jobs while still in the United States?

A: If you want to change jobs or the company wants to extend your stay in the United States, a new I-129 will have to be filed with the United States government

Q: Where are these companies located that sponsor and hire immigrants under these work visa programs?

A: We have access to hundreds of thousands of companies located all across the United States as well as Puerto Rico. We will include a variety of areas that we will send your resumes to.

Q: If I am approved for a work visa, am I allowed to bring my family with me?

A: Yes, your family can obtain a visa to accompany you to the United States. They will not be allowed to work while they are here.

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