Temporary Work Visa
Specific prearranged employment
If you are going to the United States with the intention of working there temporarily in specific prearranged employment, you require an H visa. The employment must be approved in advance by the United States Citizenship and Immigration Services (USCIS) on the basis of a petition, form I-129H filed by the United States employer.
An H-1B visa (specialty occupation) is required for an employee who is coming to the United States to perform services in a prearranged professional job. To qualify, the alien requires a bachelor's or higher degree (or equivalent) in the specific specialty for which employment authorization is being sought. It is the responsibility of the USCIS to determine whether the employment constitutes a specialty occupation and whether the alien is qualified to perform the services. Before filing the petition, form I-129H, with the USCIS Service Center having jurisdiction over the area where the employment will take place, the employer is required file a labor condition application with the Department of Labor concerning the terms and conditions of the contract of employment.
An H-2 visa (skilled and unskilled worker) is required by an employee who is coming to the United States to perform a job which is temporary or seasonal in nature and for which there is a shortage of U.S. workers. Before filing the petition, form I-129H, with the USCIS Service Center having jurisdiction over the area where the employment will take place, the employer is required to obtain from the Department of Labor, a labor certification confirming that there are no qualified U.S. workers eligible for the employment on which the petition is based.
An H-3 (trainee) is required by a trainee who is coming to the United States to receive training from an employer in any field of endeavor, other than graduate education or training. The training cannot be used to provide productive employment and cannot be available in the individual's home country. The employer is required to file a petition, form I-129H, with the USCIS Service Center having jurisdiction over the area where the training will take place.
An H-4 dependent visa is required for the spouse and for the unmarried children under the age of 21 who wish to accompany or join the H1B, H2, or H-3 visa holder in the U.S. The application procedure is the same; the I-797A or B covers dependents. Spouses and/or children who do not intend to reside in the United States with the principal visa holder, but visit for vacations only, may be eligible to apply for visitor (B-2) visas. The holder of an H-4 visa may not work on a derivative visa. If he or she is seeking employment, the appropriate work visa will be required.
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Internships
If you wish to pursue practical training through an internship with a U.S. based employer you will require either an exchange visitor (J-1) or trainee (H-3) visa. Such activities cannot be conducted on a B-2 visa even if you will receive no payment from a U.S. source.
The first step is to determine if the prospective employer is a designated exchange visitor program sponsor. Training opportunities exist in a variety of occupational categories including the arts and culture, information media and communications, education, management, business, commerce and finance. If the prospective employer is a designated exchange visitor program sponsor they will issue you with a Certificate of Eligibility for Exchange Visitor Status, form DS-2019, which you will be required to furnish when applying for a J-1 visa.
If no exchange program exists, you may be eligible to obtain the requisite sponsorship for the J-1 visa through an approved work exchange program. There are a number of work exchange programs between Poland and the United States which allow participants to perform any employment which is available to them, others are restricted to a specific field. Further information is available from the individual program sponsor.
If you are unable to obtain sponsorship for an exchange visitor visa, your prospective employer will be required to file, on your behalf, a petition to accord you trainee (H-3) status. The petition, Form I-129H, is filed with the U.S. Citizenship and Immigration Services (USCIS) having jurisdiction over the area of intended employment. The petition will take several months to be processed. Further information is available from the USCIS. Your employer should contact USCIS for further information.
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Spouses and Children
Spouses and/or unmarried children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative H-4 visas.
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