temporary workers

CW-1: CNMI-Only Transitional Worker

The CNMI-Only Transitional Worker (CW) visa classification allows employers in the Commonwealth of the Northern Mariana Islands (CNMI) to apply for temporary permission to employ foreign (nonimmigrant) workers who are otherwise ineligible to work under other nonimmigrant worker categories. The CW classification provides a method for transition from the former CNMI foreign worker permit system to the U.S. immigration system.

The CW nonimmigrant classification is commonly referred to as:

CW-1: A CNMI-Only transitional worker

CW-2: Dependent of a CNMI-Only transitional worker

General Eligibility RequirementsEmployers

To qualify for workers with CW visa status, employers must:

Be engaged in legitimate business**

Consider all available U.S. workers for the position

Offer terms and conditions of employment consistent with the nature of the employer’s business in the CNMI

File the necessary forms to hire transitional workers

Comply with all federal and CNMI requirements relating to employment: examples include nondiscrimination, occupational safety, and minimum wage requirements

Pay reasonable transportation costs of the individual to the individual’s last place of foreign residence if the individual is involuntarily dismissed from employment for any reason before the end of the period of authorized admission

**A legitimate business is defined as a real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit, or is a governmental, charitable, or other validly recognized nonprofit entity. The business must meet the legal requirements for doing business in the CNMI. A business will not be considered legitimate if it engages directly or indirectly in prostitution, human trafficking, or any other activity that is illegal under Federal or CNMI law.

Workers

A foreign worker may be classified a CW-1 nonimmigrant during the transition period if he or she:

Is ineligible for any other employment-based nonimmigrant status under U.S. immigration law

Will enter or stay in the CNMI to work in an occupational category designated as needing alien workers to supplement the resident workforce

Is the beneficiary of a petition filed by a legitimate employer who is doing business in the CNMI

Is not present in the United States, other than the CNMI

Is lawfully present in the CNMI if present in the CNMI

Is otherwise admissible to the United States or is granted any necessary waiver of a ground of inadmissibility

Application Process: CW-1 and CW-2 StatusEmployers

If youThen you must

And

Are petitioning for one or more workers who are lawfully present in the CNMI with a federal nonimmigrant status (e.g., F-1 or H-1B)

Submit a Form I-129CW with the $325 application fee

You must submit a mandatory “CNMI education funding fee” of $150 fee per beneficiary.

Are petitioning for one or more workers who are lawfully present in the CNMI with a CNMI permit OR have parole authority granted by USCIS or CBP


You must submit a mandatory “CNMI education funding fee” of $150 fee per beneficiary. Either you or the worker must also submit an $85 biometrics fee if you are requesting a Grant of Status in the CNMI.

Are petitioning for one or more workers who are requesting consular processing abroad


You must submit a mandatory “CNMI education funding fee” of $150 fee per beneficiary.

Do not submit a biometrics fee. A biometrics fee may be required by the Department of State when the worker applies for his or her visa abroad.

Are requesting an extension of CW status for a nonimmigrant worker


You must submit a mandatory “CNMI education funding fee” of $150 fee per worker.

Workers

Foreign worker who has been living and working lawfully in the CNMI

To obtain CW status your employer must submit all of the following documentation:

A Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker with the application fee

A mandatory $150 education fee

Supporting evidence certifying that the information provided about you, your employer and the job position is accurate and meets eligibility criteria

If you are lawfully present in the CNMI with a CNMI permit or parole authorized by USCIS or CBP, the employer must also include the biometrics fee with the petition if you are requesting a grant of CW-1 status in the CNMI rather than overseas.

In most situations where a direct grant of status in the CNMI is requested, after the employer files the Form I-129CW, USCIS will contact your employer advising that you must go to the USCIS Application Support Center in TSL Plaza in Saipan to have your fingerprints and photograph taken. This will enable DHS to conduct the required security checks.

If your Form I-129CW is approved, USCIS will mail an approval notice to your employer who should give you a copy of the document. The approval notice will indicate whether you have been granted CW-1 status in the CNMI (as evidenced by an attached Arrival-Departure Record Form I-94) or whether you may proceed to a U.S. embassy or consulate abroad to seek visa processing of your CW-1 visa.

Foreign national worker living abroad and seeking employment in the CNMI

Your employer must submit all of the following documentation:

A Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker with the application fee

A mandatory $150 education fee

Supporting evidence certifying that the information provided about you, your employer and the job position is accurate and meets eligibility criteria.

If the petition is approved, USCIS will mail an approval notice to your employer showing that the petition for CW-1 classification has been approved. Your employer will need to send you the original approval notice at your address abroad.

After you receive the approval notice you will need to make an appointment for a nonimmigrant visa interview at the U.S. Consulate or Embassy nearest you.

Beneficiaries with Dependents

Dependents in the CNMI seeking a grant of CW-2 status may file a Form I-539 concurrently with the employer’s I-129CW petition for the CW-1 principal, once the CW-1 petition is submitted by the employer. While dependents may wait until the CW-1 petition is granted, they MUST be lawfully present in the CNMI at the time of filing their I-539s in order to be eligible for a grant of CW-2 status in the CNMI. This means your dependents may need to file the I-539 before the I-129CW is granted in order to retain eligibility for CW-2 status. CW-2 status does not authorize employment.

If And Then

You obtain CW-1 status, either by admission to the CNMI with a CW-1 visa or after receiving an approval notice with attached I-94

Your dependents (spouse and children under the age of 18) are lawfully present in the CNMI

They may file:

An Application to Change or Extend Status, Form I-539

The filing fee

The biometric services fee

Documentation of your admission to the CNMI in the CW-1 classification

If the Form I-539 is approved, USCIS will send your beneficiaries an approval notice with an I-94 as evidence of the approved Form I-539.

You obtain CW-1 status, either by admission to the CNMI with a CW-1 visa or after receiving an approval notice with attached I-94

Your dependents (spouse and children under the age of 18) are abroad

They may apply for a CW-2 visa. The U.S. Department of State has separate application and fee requirements for visa applications.

You are requesting consular processing of your CW-1 status at a U.S. Consulate or Embassy abroad

Your dependents (spouse and children under the age of 18) are abroad

They may also apply for CW-2 visas at the same time. The U.S. Department of State has separate application and fee requirements for visa applications.

Length of Stay

CW status is valid for one year. You must re-register for CW status or obtain another INA nonimmigrant or immigrant classification to lawfully stay in the CNMI.

Termination of Employment

A foreign worker with CW nonimmigrant status will lose that status if he or she violates any of the terms or conditions that are associated with that CW status. However, when the violation is solely caused by termination from employment, the worker will not be considered to have violated his or her status if:

the worker obtains new employment within 30 days from the date of termination and

an employer files a petition on his or her behalf

If new employment is found, the new employer must file a petition for the foreign worker before the end of this 30-day period in order for him or her to remain lawfully present in the CNMI. The foreign worker may only begin work with the new employer after that employer files the petition.

If a new petition is not filed within 30 days, the foreign worker must leave the CNMI and that worker will be considered to be out of status effective on the date of termination of CW-1 employment. Any petition filed for that worker after the 30-day period will require an approved petition and a CW visa issued at a consulate outside the CNMI before the foreign worker can return and start new employment in the CNMI.

Travel

Once you obtain the approval of your CW petition, you may leave the CNMI but must have the appropriate visa to re-enter the CNMI. When your CW petition is approved, you will be given an Arrival-Departure Record, Form I-94, as evidence that you have been granted CW status. The Form I-94 alone will not be valid to re-enter the CNMI. You will need to obtain a CW visa at a U.S. embassy or consulate abroad before returning to the CNMI in order to apply for readmission.

CW Status vs. CW Visa

Status USCIS grants CW status for foreign nationals who are already in CNMI, however we do not issue visas. Although someone has an approved I-129CW petition that confers the CW status, if they travel outside of the CNMI they will require a visa to apply for readmission to the CNMI and retain their CW status.

Visa Before traveling to the U.S., a citizen of a foreign country must generally obtain a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence. The type of visa you will need is based on the purpose of your travel.

The U.S. Department of State has separate application and fee requirements for visa applications. For more information on traveling outside of the CNMI, please visit the Department of State website at www.travel.state.gov.

NOTE: As a CW status holder you cannot travel in any other part of the United States, except for nationals of the Philippines who may travel between the Philippines and the CNMI through the Guam airport.

E-1 Treaty Traders

The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. (For dependent family members, see “Family of E-1 Treaty Traders and Employees” below.)

See U.S. Department of State's Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.

Who May File for Change of Status to E-1 Classification

If the treaty trader is currently in the United States in a lawful nonimmigrant status, he or she may file Form I-129 to request a change of status to E-1 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 on the employee’s behalf.

How to Obtain E-1 Classification if Outside the United States

A request for E-1 classification may not be made on Form I-129 if the person being filed for is physically outside the United States. Interested parties should refer to the U.S. Department of State website for further information about applying for an E-1 nonimmigrant visa abroad. Upon issuance of a visa, the person may then apply to a DHS immigration officer at a U.S. port of entry for admission as an E-1 nonimmigrant.

General Qualifications of a Treaty Trader

To qualify for E-1 classification, the treaty trader must:

Be a national of a country with which the United States maintains a treaty of commerce and navigation

Carry on substantial trade

Carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification.

Trade is the existing international exchange of items of trade for consideration between the United States and the treaty country. Items of trade include but are not limited to:

Goods

Services

International banking

Insurance

Transportation

Tourism

Technology and its transfer

Some news-gathering activities.

See 8 CFR 214.2(e)(9) for additional examples and discussion.

Substantial trade generally refers to the continuous flow of sizable international trade items, involving numerous transactions over time. There is no minimum requirement regarding the monetary value or volume of each transaction. While monetary value of transactions is an important factor in considering substantiality, greater weight is given to more numerous exchanges of greater value. See 8 CFR 214.2(e)(10) for further details.

Principal trade between the United States and the treaty country exists when over 50% of the total volume of international trade is between the U.S. and the trader’s treaty country. See 8 CFR 214.2(e)(11).

General Qualifications of the Employee of a Treaty Trader

To qualify for E-1 classification, the employee of a treaty trader must:

Be the same nationality of the principal alien employer (who must have the nationality of the treaty country)

Meet the definition of “employee” under the relevant law

Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

If the principal alien employer is not an individual, it must be an enterprise or organization at least 50% owned by persons in the United States who have the nationality of the treaty country. These owners must be maintaining nonimmigrant treaty trader status. If the owners are not in the United States, they must be, if they were to seek admission to this country, classifiable as nonimmigrant treaty traders. See 8 CFR 214.2(e)(3)(ii).

Duties which are of an executive or supervisory character are those which primarily provide the employee ultimate control and responsibility for the organization’s overall operation, or a major component of it. See 8 CFR 214.2(e)(17) for a more complete definition.

Special qualifications are skills which make the employee’s services essential to the efficient operation of the business. There are several qualities or circumstances which could, depending on the facts, meet this requirement. These include, but are not limited to:

The degree of proven expertise in the employee’s area of operations

Whether others possess the employee’s specific skills

The salary that the special qualifications can command

Whether the skills and qualifications are readily available in the United States

Knowledge of a foreign language and culture does not, by itself, meet this requirement. Note that in some cases a skill that is essential at one point in time may become commonplace, and therefore no longer qualifying, at a later date. See 8 CFR 214.2(e)(18) for a more complete definition.

Period of Stay

Qualified treaty traders and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-1 nonimmigrant may be granted. All E-1 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.

An E-1 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States. It is generally not necessary to file a new Form I-129 with USCIS in this situation.

Terms and Conditions of E-1 Status

A treaty trader or employee may only work in the activity for which he or she was approved at the time the classification was granted. An E-1 employee, however, may also work for the treaty organization’s parent company or one of its subsidiaries as long as the:

Relationship between the organizations is established

Subsidiary employment requires executive, supervisory, or essential skills

Terms and conditions of employment have not otherwise changed.

See 8 CFR 214.2(e)(8)(ii) for details.

USCIS must approve any substantive change in the terms or conditions of E-1 status. A “substantive change” is defined as a fundamental change in the employer’s basic characteristics, such as, but not limited to, a merger, acquisition, or major event which affects the treaty trader or employee’s previously approved relationship with the organization. The treaty trader or enterprise must notify USCIS by filing a new Form I-129 with fee, and may simultaneously request an extension of stay for the treaty trader or affected employee. The petition must include evidence to show that the treaty trader or affected employee continues to qualify for E-1 classification.

It is not required to file a new Form I-129 to notify USCIS about non-substantive changes. A treaty trader or organization may seek advice from USCIS, however, to determine whether a change is considered substantive. To request advice, the treaty trader or organization must file Form I-129 with fee and a complete description of the change.

See 8 CFR 214.2(e)(8) for more information on terms and conditions of E-1 treaty trader status.

A strike or other labor dispute involving a work stoppage at the intended place of employment may affect a Canadian or Mexican treaty trader or employee’s ability to obtain E-1 status. See 8 CFR 214.2(e)(22) for details.

Family of E-1 Treaty Traders and Employees

Treaty traders and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty trader or employee. These family members may seek E-1 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee. If the family members are already in the United States and seeking change of status to or extension of stay in an E-1 dependent classification, they may apply by filing a single Form I-539 with fee. Spouses of E-1 workers may apply for work authorization by filing Form I-765 with fee. If approved, there is no specific restriction as to where the E-1 spouse may work.

As discussed above, the E-1 treaty trader or employee may travel abroad and will generally be granted an automatic two-year period of admission when returning to the United States. Unless the family members are accompanying the E-1 treaty trader or employee at the time the latter seeks admission to the United States, the new readmission period will not apply to the family members. To remain lawfully in the United States, family members must carefully note the period of stay they have been granted in E-1 status, and apply for an extension of stay before their own validity expires.

E-2 Treaty Investors

The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. (For dependent family members, see “Family of E-2 Treaty Investors and Employees” below.)

See U.S. Department of State's Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.

Who May File for Change of Status to E-2 Classification

If the treaty investor is currently in the United States in a lawful nonimmigrant status, he or she may file Form I-129 to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 on the employee’s behalf.

How to Obtain E-2 Classification if Outside the United States

A request for E-2 classification may not be made on Form I-129 if the person being filed for is physically outside the United States. Interested parties should refer to the U.S. Department of State website for further information about applying for an E-2 nonimmigrant visa abroad. Upon issuance of a visa, the person may then apply to a DHS immigration officer at a U.S. port of entry for admission as an E-2 nonimmigrant.

General Qualifications of a Treaty Investor

To qualify for E-2 classification, the treaty investor must:

Be a national of a country with which the United States maintains a treaty of commerce and navigation

Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States

Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

An investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The treaty investor

must show that the funds have not been obtained, directly or indirectly, from criminal activity. See 8 CFR 214.2(e)(12) for more information.

A substantial amount of capital is:

Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one

Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise

Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

A bona fide enterprise refers to a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.

Marginal Enterprises

The investment enterprise may not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins. See 8 CFR 214.2(e)(15).

General Qualifications of the Employee of a Treaty Investor

To qualify for E-2 classification, the employee of a treaty investor must:

Be the same nationality of the principal alien employer (who must have the nationality of the treaty country)

Meet the definition of “employee” under relevant law

Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

If the principal alien employer is not an individual, it must be an enterprise or organization at least 50% owned by persons in the United States who have the nationality of the treaty country. These owners must be maintaining nonimmigrant treaty investor status. If the owners are not in the United States, they must be, if they were to seek admission to this country, classifiable as nonimmigrant treaty investors. See 8 CFR 214.2(e)(3)(ii).

Duties which are of an executive or supervisory character are those which primarily provide the employee ultimate control and responsibility for the organization’s overall operation, or a major component of it. See 8 CFR 214.2(e)(17) for a more complete definition.

Special qualifications are skills which make the employee’s services essential to the efficient operation of the business. There are several qualities or circumstances which could, depending on the facts, meet this requirement. These include, but are not limited to:

The degree of proven expertise in the employee’s area of operations

Whether others possess the employee’s specific skills

The salary that the special qualifications can command

Whether the skills and qualifications are readily available in the United States.

Knowledge of a foreign language and culture does not, by itself, meet this requirement. Note that in some cases a skill that is essential at one point in time may become commonplace, and therefore no longer qualifying, at a later date. See 8 CFR 214.2(e)(18) for a more complete definition.

Period of Stay

Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.

An E-2 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States. It is generally not necessary to file a new Form I-129 with USCIS in this situation.

Terms and Conditions of E-2 Status

A treaty investor or employee may only work in the activity for which he or she was approved at the time the classification was granted. An E-2 employee, however, may also work for the treaty organization’s parent company or one of its subsidiaries as long as the:

Relationship between the organizations is established

Subsidiary employment requires executive, supervisory, or essential skills

Terms and conditions of employment have not otherwise changed.

See 8 CFR 214.2(e)(8)(ii) for details.

USCIS must approve any substantive change in the terms or conditions of E-2 status. A “substantive change” is defined as a fundamental change in the employer’s basic characteristics, such as, but not limited to, a merger, acquisition, or major event which affects the treaty investor or employee’s previously approved relationship with the organization. The treaty investor or enterprise must notify USCIS by filing a new Form I-129 with fee, and may simultaneously request an extension of stay for the treaty investor or affected employee. The Form I-129 must include evidence to show that the treaty investor or affected employee continues to qualify for E-2 classification.

It is not required to file a new Form I-129 to notify USCIS about non-substantive changes. A treaty investor or organization may seek advice from USCIS, however, to determine whether a change is considered substantive. To request advice, the treaty investor or organization must file Form I-129 with fee and a complete description of the change.

See 8 CFR 214.2(e)(8) for more information on terms and conditions of E-2 treaty investor status.

A strike or other labor dispute involving a work stoppage at the intended place of employment may affect a Canadian or Mexican treaty investor or employee’s ability to obtain E-2 status. See 8 CFR 214.2(e)(22) for details.

Family of E-2 Treaty Investors and Employees

Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty investor or employee. These family members may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee. If the family members are already in the United States and are seeking change of status to or extension of stay in an E-2 dependent classification, they may apply by filing a single Form I-539 with fee. Spouses of E-2 workers may apply for work authorization by filing Form I-765 with fee. If approved, there is no specific restriction as to where the E-2 spouse may work.

As discussed above, the E-2 treaty investor or employee may travel abroad and will generally be granted an automatic two-year period of readmission when returning to the United States. Unless the family members are accompanying the E-2 treaty investor or employee at the time the latter seeks readmission to the United States, the new readmission period will not apply to the family members. To remain lawfully in the United States, family members must carefully note the period of stay they have been granted in E-2 status, and apply for an extension of stay before their own validity expires.

E-2 Visa: CNMI-Only Investor

The CNMI-Only Investor (E-2) visa classification allows foreign, long-term investors to remain lawfully present in the CNMI through December 2014 while they resolve their immigration status. This classification is intended to help as the CNMI transitions from the CNMI permit system to U.S. immigration laws.

Obtaining E-2 CNMI Investor Status (E2C)Initial Application

You must file your initial Form I-129 petition and Supplement E with USCIS before January 18, 2013. USCIS will reject initial petitions filed after that date.

Length of Stay

Your E-2 CNMI investor status is valid in the CNMI initially for two years. If you have a spouse or minor children accompanying or following to join you in the CNMI, they will have the same validity period as you. An E-2 CNMI Investor status is extendable in 2 year increments ending on December 31, 2014.

Extending Your Stay

To apply for an extension of stay, you must file a new Form I-129 and Supplement E with the required evidence and fee.

Individuals in the CNMI seeking an initial Grant of Status in the CNMI

There is additional guidance you must follow if you are requesting an initial grant of nonimmigrant status in the CNMI. For more information please visit the grant of status webpage.

General Qualifications for an E-2 CNMI Investor

To qualify for E-2 CNMI Investor status, you must:

Have been admitted to the CNMI with a long-term investor visa under CNMI immigration law before November 28, 2009

Have continuously maintained residence in the CNMI under long-term investor status

Currently maintain the investment(s) that formed the basis for the CNMI long-term investor status

Otherwise be allowed to enter the United States under the U.S. Immigration and Nationality Act (INA)

CNMI Investor Statuses that Qualify for E2C Status

You qualify for E-2 CNMI Investor status if you held one of the following long-term CNMI investor statuses under CNMI Immigration law:

A long-term business investor who was issued a long-term business certificate by the CNMI based upon an investment of at least $50,000

A foreign investor with a foreign investment certificate issued by the CNMI based upon an investment of at least $100,000 in an aggregate approved investment in excess of $2 million or at least $250,000 in a single approved investment

A retiree investor over the age of 55 years who was issued a foreign retiree investment certificate based upon a qualifying investment in an approved residence in the CNMI (but not including the 2-year non-renewable retiree investor program limited to Japanese nationals)

CNMI Investor Statuses that Do Not Qualify for E-2 Status

You are not eligible for an E2C visa if you held one of the following CNMI investor statuses under CNMI Immigration law:

The sub-category of the retiree investor specifically limited to Japanese retirees

Short-term business entry permits

Regular-term business entry permits

Evidence Requirements

All documentation previously submitted in each investor application to the CNMI government should be submitted as part of each E-2 CNMI Investor petition to USCIS.

All Individuals

All individuals must provide the following evidence of admission to the CNMI in long term investor status prior to November 28, 2009, consisting of:

A valid unexpired foreign passport

A properly endorsed CNMI admission document (e.g., entry permit, entry certificate or foreign investor visa) reflecting lawful admission to the CNMI in long-term business investor, foreign investor, or retiree foreign investor status

An unexpired Long-Term Business Certificate, Foreign Investment Certificate, or a Foreign Retiree Investment Certificate

Individuals with a CNMI-issued foreign investor entry permit or long-term business entry permit

An applicant with a CNMI-issued foreign investor entry permit or long-term business entry permit must submit evidence to show that he or she has maintained his or her investment with the E-2 CNMI Investor petition. This evidence includes all of the following, as applicable:

An approval letter issued by the CNMI government

Evidence that capital has been invested, such as bank statements, receipts or contracts for assets purchased, stock purchase transaction records, loan or other borrowing agreements, land leases, financial statements, business gross tax receipts, or other agreements supporting the application

Evidence that the applicant has invested at least the minimum amount required, such as evidence of assets purchased or property transferred from abroad for use in the enterprise, evidence of monies transferred or committed to be transferred to the new or existing enterprise in exchange for shares of stock, any loan or mortgage, promissory note, security agreement or other evidence of borrowing secured by assets of the applicant

A comprehensive business plan for new enterprises

Articles of incorporation, by-laws, partnership agreements, joint venture agreements, corporate minutes and annual reports, affidavits, declarations or certifications of paid-in capital

Current business licenses

Foreign business registration records, recent tax returns of any kind, evidence of other sources of capital

A listing of all resident and nonresident employees

A listing of all holders of business certificates for the business establishment

A listing of all corporations in which the applicant has a controlling interest

Copies of annual reports of investment activities in the CNMI showing that the certificate holder of a foreign investment is under continuing compliance with the standards required. Each report must be accompanied by an annual financial audit report performed by an independent certified public accountant

Individuals with a CNMI-issued retiree investor permit

CNMI retiree investors should submit the following with their applications for E-2 CNMI Investor status:

Proof that the foreign applicant has an interest in property in the CNMI, such as a lease agreement

Proof of the value of that property, such as an appraisal

Proof of any improvements to the property, which could include receipts or invoices of the costs of construction, the amount paid for a preexisting structure, or an appraisal of improvements

E-3 Certain Specialty Occupation Professionals from Australia

The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the United States.

Eligibility Criteria

To qualify for an E-3 visa, you must demonstrate that you:

Are a national of Australia

Have a legitimate offer of employment in the United States

Possess the necessary academic or other qualifying credentials

Will fill a position that qualifies as a specialty occupation

Applying for an E-3 Visa from Within the United States

The Form I-129, Petition for Nonimmigrant Worker is used to apply for a change of status to obtain E-3 nonimmigrant temporary worker classification.

Supporting Documents

Your Form I-129 must include the following documents:

A Labor Condition Application (LCA) which cannot be the same application used in a previous H-1B application. Until the Department of Labor develops a new LCA for an E-3, the applicant should use the standard ETA-9035 and ask that it be annotated as an E-3 LCA

Academic or other credentials demonstrating qualifications for the position

Job offer letter or other documentation from the employer establishing that you will be engaged in a specialty occupation and that you will be paid the higher of the actual or prevailing wage

If required, before you may commence employment in the specialty occupation, you must have the necessary license or other official permission to practice in the specialty occupation

Applying for a Visa With a U.S. Embassy or Consulate

If your petition Form I-129 is approved, we will forward a Form I-797, Notice of Action/Approval to the employer, who in turn will forward it to you. A Form I-797 approval notice is not a U.S. visa, as the visa must be obtained at a U.S. embassy or consulate abroad. After Form I-129 is approved by USCIS, the next step is to apply for a U.S. visa at a U.S. embassy or consulate, generally in your country of residence abroad. Please visit the Department of State, Travel.state.gov Temporary Workers webpage for visa information, how-to-apply procedures, and U.S. embassy web contact information to learn more.

Period of Stay/Extension of StayInitial Period of

StayExtension of Stay

2 years Up to 2 years per extension; no maximum number of extensions, with some exceptions.

Change of Employment

Your new employer must file a new Labor Condition Application and a new E-3 visa application. The gap between the jobs must be 10 days or less.

Note: Form I-129 is used to apply for an extension of stay or change of employment.

Family of E-3 Visa Holders

Your spouse and unmarried children under 21 years of age are entitled to the same E-3 classification. Your spouse is entitled to work authorization, but not your children. To apply for work authorization as a spouse of an E-3 nonimmigrant, your spouse would file a Form I-765, Application for Employment Authorization. For more information on the application procedures, see the “Work Authorization” link to the right.

H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models

This visa category applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense

(DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.


Visa Category General Requirements Labor Condition Application Required?

H-1B Specialty Occupations

The job must meet one of the following criteria to qualify as a specialty occupation:

Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position

The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree

The employer normally requires a degree or its equivalent for the position

The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.*

For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria:

Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university

Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation

Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged

Yes. The prospective employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker. See the links to the Department of Labor’s (DOL) Office of Foreign Labor Certification and USCIS forms to the right.

For more information see the “Information for Employers & Employees” link to the left.

in that specialty in the state of intended employment

Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.**

H-1B2

DOD Researcher and Development Project Worker

The job must meet both of the following criteria to qualify as a DOD cooperative research and development project:

The cooperative research and development project or a co-production project is provided for under a government-to-government agreement administered by the U.S. Department of Defense

A bachelor’s or higher degree, or its equivalent is required to perform duties.

To be eligible for this visa category you must meet one of the following criteria:

Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university

Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation

Hold an unrestricted State license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment

Have education, training, or progressively responsible experience

No.

in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.**

H-1B3

Fashion Model

The position/services must require a fashion model of prominence.

To be eligible for this visa category you must be a fashion model of distinguished merit and ability.

Yes. The prospective employer must file an approved LCA with the Form I-129. See the links to the Department of Labor’s Office of Foreign Labor Certification and USCIS forms to the right.

*For more information, see 8 CFR §214.2(h)(4)(iii)(A).**For more information see 8 CFR §214.2(h)(4)(iii)(C).

Application Process

Step 1: (only required for specialty occupation and fashion model petitions): Employer Submits LCA to DOL for certification. The employer must apply for and receive DOL certification of an LCA. For further information regarding LCA requirements and DOL's inert process, see the "Foreign Labor Certification, Department of Labor" link to the right.Step 2: Employer Submits Completed Form I-129 to USCIS. The employer should file Form I-129, Petition for a Nonimmigrant Worker, with the correct USCIS Service Center. Please see our I-129 Direct Filing Chart page. The DOL-certified LCA must be submitted with the Form I-129 (only for specialty occupation and fashion models). See the instructions to the Form I-129 for additional filing requirements.Step 3: Prospective Workers Outside the United States Apply for Visa and/or Admission. Once the Form I-129 petition has been approved, the prospective H-1B worker who is outside the United States may apply with the U.S. Department of State (DOS) at a U.S. embassy or consulate abroad for an H-1B visa (if a visa is required). Regardless of whether a visa is required, the prospective H-1B worker must then apply to U.S. Customs and Border Protection (CBP) for admission to the United States in H-1B classification.

Labor Condition Application (LCA)Prospective specialty occupation and distinguished fashion model employers must obtain a certification of an LCA from the DOL. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or

immigrant petitions, and other sanctions to the employer. The application requires the employer to attest that it will comply with the following labor requirements:

The employer will pay the beneficiary a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for your position in the geographic area in which you will be working.

The employer will provide working conditions that will not adversely affect other similarly employed workers. At the time of the labor condition application there is no strike or lockout at the employer place of business. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of business.

Period of StayAs an H-1B nonimmigrant, you may be admitted for a period of up to three years. Your time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply under sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21).

Your employer will be liable for the reasonable costs of your return transportation if your employer terminates you before the end of your period of authorized stay. Your employer is not responsible for the costs of your return transportation if you voluntarily resign your position. You must contact the Service Center that approved your petition in writing if you believe that your employer has not complied with this requirement.

H-1B CapThe H-1B visa has an annual numerical limit "cap" of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are not subject to this numerical cap.

For further information about the numerical cap, see our Fiscal Year (FY) 2014 H-1B Cap Season Web page.

Family of H-1B Visa HoldersYour spouse and unmarried children under 21 years of age may seek admission in the H-4 nonimmigrant classification. Family members in the H-4 nonimmigrant classification may not engage in employment in the United States.

H-1C Registered Nurse Working in a Health Professional Shortage Area as Determined by the Department of Labor

This classification expired as of December 20, 2009.

The H-1C nonimmigrant temporary worker classification is for foreign nurses coming to the United States temporarily to perform services as a registered nurse in a health professional shortage area as determined by the Department of Labor (DOL).

The H-1C nonimmigrant category was introduced in 1999 specifically to address the shortage of nurses in the United States. Applying for an H-1C nonimmigrant visa is a multi-step process that involves coordination from DOL and USCIS. Prior to filing a petition with USCIS for an H-1C visa, DOL must provide an attestation to petitioning hospitals certifying that they meet the qualifications as required by regulation. Among the qualifications, hospitals are required to be located in a “health professional shortage area.”


To qualify for an H-1C visa you must:

Have a full and unrestricted nursing license in the country where your nursing education was obtained, or have received a nursing education and license in the United States

Be authorized by the appropriate U.S. State Board of Nursing to practice within the state

Have passed the examination given by the Commission on Graduates for Foreign Nursing Schools (CGFNS), or have a full and unrestricted license to practice as an Registered Nurse in the state where you will work, or have a full and unrestricted Registered Nurse’s license in any state and have received temporary authorization to practice as an Registered Nurse in the state where you will work. For more information, please see the Commission on Graduates for Foreign Nursing Schools (CGFNS) link to the right

Have been fully qualified and eligible under the state laws of the state of intended employment to practice as a Registered Nurse immediately upon admission to the United States

The employer must meet edibility criteria in order to file a Form I-129, Petition for Nonimmigrant Worker, under the H-1C Program. To qualify, the U.S. employer must:

Be a “subpart D” hospital under the Social Security Act

Be located in a “Health Professional Shortage Area”

Have at least 190 acute care beds

Have a Medicare population of no less than 35%

Have a Medicaid population of no less than 28%

Be certified by the Department of Labor

Application ProcessThe Form I-129, Petition for a Nonimmigrant Worker, must be filed by a U.S. employer hospital that has received a notice of acceptance of the attestation for H-1C Nonimmigrant Nurses, from the Department of Labor.

For more information, see the “Employment and Training Administration, Department of Labor” link to the right.


The Form I-129 must include the following documents:

Current copy of the Department of Labor’s acceptance of the filing of an attestation on Form ETA-9081, Attestation for H-1C Nonimmigrant Nurses

Statement from the facility describing any limitation which the laws of the state or jurisdiction of intended employment place on your services

Evidence that you are or will be authorized by a State Board of Nursing to engage in registered nurse practice in a state or U.S. territory or possession, and you are or will be practicing at a facility which provides health care services

Evidence that you have passed the examination given by the Commission on Graduates of Foreign Nursing Schools (CGFNS), or have obtained a full and unrestricted (permanent) license to practice as a Registered Nurse in the state of intended employment or have obtained a full and unrestricted (permanent) license in any state or territory of the U.S. and received temporary authorization to practice as a Registered Nurse in the state of intended employment

Evidence that you have obtained a full and unrestricted license to practice professional nursing in the country where you obtained nursing education or have received nursing education in the U.S.

Evidence that you are fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize you to be employed) governing the place of intended employment to practice as a Registered Nurse immediately upon admission to the U.S.

Applying for a Visa at a U.S. Embassy or Consulate

If your Form I-129 is approved, we will send an approval notice on a Form I-797, Notice of Action, to your employer, who in turn will forward it to you. A Form I-797 approval notice may be used to apply for a nonimmigrant visa at a U.S. embassy or consulate.

Before applying for your visa, please check with the U.S. embassy or consulate where you will apply for their specific application requirements.

The following is required on the appointment date:

Valid passport and evidence of all previously issued visas

Original of Form I-797

Form DS-156, Nonimmigrant Visa Application, completed and signed (see the “Form DS-156, Nonimmigrant Visa Application” link to the right)

Passport valid for travel to the U.S. and with a validity date at least 6 months beyond your intended period of stay in the U.S

Form DS-157, Supplemental Nonimmigrant Visa Application, which is required for all male nonimmigrant visa applicants between the ages of 16 and 45, regardless of nationality and regardless of where they apply (see the “Form DS-157, Supplemental Nonimmigrant Visa Application” link to the right)

One 2”x2” photograph

Period of Stay/Extension of Stay

Initial Period of Stay Extension of Stay

Up to 3 years Total stay is limited to 3 years. An extension of stay to complete the 3 year period of admission may be granted. However, an extension of stay may not be granted to extend the period of admission beyond the initial 3 year period of time.

Change of Employer

H-1C nonimmigrant classification is limited to employment with the specific hospital that filed the petition. A change of employer requires your new employer to file a new Form I-129, Petition for Nonimmigrant Worker. You cannot begin working for new employer until your Form I-129 is approved.

Family of H-1C Visa Holders

Your spouse and unmarried children under 21 years of age are entitled to H-4 classification. H-4 is the nonimmigrant classification for dependents of H principal aliens. Your dependents may not work in the United States under the H-4 classification.

H-1C Visa Cap

Only 500 H-1C visas will be issued each fiscal year. Also, there are numerical limitations for each state based on the state’s population. The cap for states with populations in excess of 9 million is 50 per fiscal year. The cap for states with populations of 9 million or less is 25 per fiscal year.

H-2A Temporary Agricultural Workers

The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. A U.S. employer,a U.S. agent as described in the regulations,or an association of U.S. agricultural producers named as a joint employer must file Form I-129, Petition for Nonimmigrant Worker, on a prospective worker’s behalf.

Topics

Who May Qualify for H-2A Classification?H-2A Program ProcessH-2 Eligible Countries ListPeriod of StayFamily of H-2A WorkersEmployment-Related Notifications to USCISFee-Related Notifications to USCIS

Who May Qualify for H-2A Classification?

To qualify for H-2A nonimmigrant classification, the petitioner must:

Offer a job that is of a temporary or seasonal nature.

Demonstrate that there are not sufficient U.S. workers who are able, willing, qualified, and available to do the temporary work.

Show that the employment of H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Generally, submit with the H-2A petition, a single valid temporary labor certification from the U.S. Department of Labor. (A limited exception to this requirement exists in certain “emergent circumstances.” See e.g., 8 CFR 214.2(h)(5)(x) for specific details.)

H-2A Program Process Step 1: Petitioner submits temporary labor certification application to the U.S.

Department of Labor (DOL). Prior to requesting H-2A classification from USCIS, the petitioner must apply for and receive a temporary labor certification for H-2A workers with DOL. For further information regarding the temporary labor certification requirements and process, see the Foreign Labor Certification, Department of Labor page.

Step 2: Petitioner submits Form I-129 to USCIS. After receiving a temporary labor certification for H-2A employment from DOL, the employer should file Form I-129

with USCIS. With limited exceptions, the original temporary labor certification must be submitted as initial evidence with Form I-129. (See the instructions to Form I-129 for additional filing requirements.)

Step 3: Prospective workers outside the United States apply for visa and/or admission. After USCIS approves Form I-129, prospective H-2A workers who are outside the United States must:

o Apply for an H-2A visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad, then seek admission to the United States with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or

o Directly seek admission to the United States in H-2A classification with CBP at a U.S. port of entry, if a worker does not require a visa.

H-2A Eligible Countries List

Except as noted below, H-2A petitions may only be approved for nationals of countries that the Secretary of Homeland Security has designated, with the concurrence of the Secretary of State, as eligible to participate in the H-2A program.

The Department of Homeland Security publishes the list of H-2A and H-2B eligible countries annually in a Federal Register notice. Designation of eligible countries is valid for one year from publication.

Effective Jan. 18, 2013, nationals from the following countries are eligible to participate in the H-2A program:

Argentina Estonia Kiribati Peru Tonga

Australia Ethiopia Latvia Philippines Turkey

Barbados Fiji Lithuania Poland Tuvalu

Belize Grenada Macedonia Romania Ukraine

Brazil Guatemala Mexico Samoa United Kingdom

Bulgaria Haiti Moldova Serbia Uruguay

Canada Honduras Montenegro Slovakia Vanuatu

Chile Hungary Nauru Slovenia 0

Costa Rica Iceland The Netherlands

Solomon Islands

0

Croatia Ireland Nicaragua South Africa 0

Dominican Republic

Israel New Zealand

South Korea 0

Ecuador Jamaica Norway Spain 0

El Salvador Japan Papua New Switzerland 0

Guinea

A national from a country not on the list may only be the beneficiary of an approved H-2A petition if the Secretary of Homeland Security determines that it is in the U.S. interest for him or her to be the beneficiary of such a petition. (See 8 CFR 214.2(h)(2)(iii) and 8 CFR 214.2(h)(5)(i)(F)(1)(ii) for additional evidentiary requirements.)

Note: If you request H-2A workers from both eligible and non-eligible countries, USCIS suggests that you file two separate petitions. Filing one petition for workers from eligible countries and a separate petition for workers from non-eligible countries may help decrease delays.

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Period of Stay

Generally, USCIS may grant H-2A classification for up to the period of time authorized on the temporary labor certification. H-2A classification may be extended for qualifying employment in increments of up to 1 year each. A new, valid temporary labor certification covering the requested time must accompany each extension request. The maximum period of stay in H-2A classification is 3 years.

A person who has held H-2A nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant. Additionally, previous time spent in other H or L classifications counts toward total H-2A time.

Exception: Certain periods of time spent outside of the United States may “interrupt” an H-2A worker’s authorized stay and not count toward the 3-year limit. See Calculating Interrupted Stay for H-2 Classifications for additional information.

Family of H-2A Workers

An H-2A worker’s spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.

Employment-Related Notifications to USCIS

Petitioners of H-2A workers must notify USCIS within 2 workdays if any of the following occur:

No show: The H-2A worker fails to report to work within 5 work days of the latter of:

o The employment start date on the H-2A petition, or

o The start date established by the employer;

Abscondment: The H-2A worker leaves without notice and fails to report for work for 5 consecutive workdays without the consent of the employer;

Termination: The H-2A worker is terminated prior to the completion of the H-2A labor or services for which he or she was hired; or

Early Completion: The H-2A worker finishes the labor or services for which he or she was hired more than 30 days earlier than the date specified in the H-2A petition.

Petitioners must include the following information on the employment-related notification:

1. The reason for the notification (for example, explain that the worker was either a “no show,” “absconder,” “termination,” or “early completion”);

2. The reason for untimely notification and evidence for good cause, if applicable;

3. The USCIS receipt number of the approved H-2A petition;

4. The petitioner’s information, including:

o Name

o Address

o Phone number

o Employer identification number (EIN)

5. The employer’s information (if different from that of the petitioner):

o Name

o Address

o Phone number

6. The H-2A worker’s information:

o Full Name

o Date of birth

o Place of birth

o Last known physical address and phone number

Additionally, to assist USCIS with identification of the H-2A worker, submit the following for each H-2A worker, if available:

Social Security Number

Visa Number

Failure to Notify USCIS: A petitioner who fails to comply with these employment notification requirements, or fails to demonstrate good cause for untimely notification, may be required to pay $10 in liquidated damages for each instance of noncompliance.

Note: USCIS defers to DOL’s definition of “workday.” According to the Fair Labor Standards Act (FLSA), this generally means the period of time on any particular day when an employee begins and ends his or her “principal activities.”

How do I notify USCIS?

Notification should be made via email or mail to the California Service Center at the following addresses. Although not required, email notification is strongly recommended to ensure timely notification.

California Service Center

By email: [email protected]

By mail:

California Service CenterAttn: Div X/BCU ACDP.O. Box 30050Laguna Niguel, CA 92607–3004

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Fee-Related Notifications to USCIS

A petitioner, agent, facilitator, recruiter, or similar employment service is prohibited from collecting a job placement fee or other compensation (either direct or indirect) at any time from an H-2A worker as a condition of employment.

Petitioners are provided with the opportunity to avoid denial or revocation (on notice) of their H-2A petition if they notify USCIS that they obtained information concerning the beneficiary’s payment (or agreement to pay) a prohibited fee or compensation to any agent, facilitator, recruiter, or similar employment service only after they filed their H-2A petition. This narrow exception does not apply, however, where a petitioner knew or should have known at the time of filing of its H-2A petition that the prospective worker had paid (or agreed to pay) such recruitment-related fees to any such persons or entities.

Petitioners must notify USCIS of an H-2A worker’s payment or agreement to pay prohibited fees to a recruiter, facilitator or similar employment service within 2 workdays of gaining knowledge of such payment or agreement.

Petitioners must include the following information in their fee-related notification:

1. The reason for the notification;

2. The USCIS receipt number of the approved H-2A petition;

3. The petitioner’s information:

o Name

o Address

o Phone number


o Name

o Address

o Phone number

5. Information about the recruiter, facilitator, or placement service to which the beneficiaries paid (or agreed to pay) the prohibited fee:

o Name

o Address

Fees not prohibited are:

The lesser of the fair market value or actual costs of transportation and

Any government-mandated passport, visa, or inspection fees to the extent that the payment of such costs and fees by the alien H-2A worker is not prohibited by statute or other laws. This includes, but is not limited to, the FLSA, DOL regulations, case law, and DOL interpretations of the FLSA and other relevant labor laws.


Notification should be made to the California Service Center via email or mail at the following addresses. Although not required, email notification is strongly recommended to ensure timely notification. (OMB Control Number 1615-0107)



By mail:

California Service CenterAttn: H-2A FeeP.O. Box 10695Laguna Niguel, CA 92607–1095

H-2B Temporary Non-Agricultural Workers

The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. A U.S. employer, or U.S. agent as described in the regulations, must file Form I-129, Petition for Nonimmigrant Worker, on a prospective worker’s behalf.

Topics:

Who May Qualify for H-2B Classification?H-2B CapH-2B Program ProcessH-2 Eligible Countries ListPeriod of StayFamily of H-2B WorkersEmployment-Related Notifications to USCISFee-Related Notifications to USCIS

Who May Qualify for H-2B Classification?

To qualify for H-2B nonimmigrant classification, the petitioner must establish that:

There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.

The employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary. The employer’s need is considered temporary if it is a(n):

o one-time occurrence – A petitioner claiming a one-time occurrence must show that it has:

Not employed workers to perform the service or labor in the past, and will not need workers to perform the services or labor in the future; or

An employment situation that is otherwise permanent, but a temporary event of short duration has created the need for a temporary worker. or

o seasonal need – A petitioner claiming a seasonal need must show that the service or labor for which it seeks workers is:

Traditionally tied to a season of the year by an event or pattern; and

Of a recurring nature.

Note: Employment is not seasonal if the period during which the service or labor is needed is: Unpredictable;

Subject to change; or

Considered a vacation period for the employer's permanent employees. or

peakload need – A petitioner claiming a peakload need must show that it:

o Regularly employs permanent workers to perform the services or labor at the place of employment;

o Needs to temporarily supplement its permanent staff at the place of employment due to a seasonal or short-term demand; and

o The temporary additions to staff will not become part of the employer's regular operation. or

intermittent need – A petitioner claiming an intermittent need must show that it:

o Has not employed permanent or full-time workers to perform the services or labor; and

o Occasionally or intermittently needs temporary workers to perform services or labor for short periods.

H-2B petitioners must also provide a single valid temporary labor certification from the U.S. Department of Labor (DOL), or, in the case where the workers will be employed on Guam, from the Guam Department of Labor (Guam DOL).

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H-2B Cap

There is a statutory numerical limit, or “cap,” on the total number of individuals who may receive H-2B nonimmigrant classification during a fiscal year.

Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap. For additional information on the current H-2B cap, and on workers who are exempt from it, see the “Cap Count for H-2B Nonimmigrants” page.

H-2B Program Process

Step 1: Petitioner submits temporary labor certification application to DOL. Before requesting H-2B classification from USCIS, the employer must apply for and receive a temporary labor certification for H-2B workers with the U.S. Department of Labor (or Guam DOL if the employment will be in Guam).* For further information regarding the temporary labor certification application requirements and process, see the "Foreign Labor Certification, Department of Labor" and “Foreign Labor Certification, Guam Department of Labor” pages.

Step 2: Petitioner submits Form I-129 to USCIS. After receiving a temporary labor certification for H-2B employment from either DOL or Guam DOL (if applicable), the employer should file Form I-129 with USCIS. With limited exceptions, the original temporary labor certification must be submitted with Form I-129. (See the instructions to Form I-129 for additional filing requirements.)

Step 3: Prospective workers outside the United States apply for visa and/or admission. After USCIS approved Form I-129, prospective H-2B workers who are outside the United States must:

o Apply for an H-2B visa with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad, then seek admission to the United States with U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or

o Directly seek admission to the United States in H-2B classification with CBP at a U.S. port of entry.

* Note: Employers requesting employment in a position that is exempt from the U.S. Department of Labor’s temporary labor certification application filing requirement may skip step 1 in the H-2B process.

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H-2B Eligible Countries List

Except as noted below, H-2B petitions may only be approved for nationals of countries that the Secretary of Homeland Security has designated, with the concurrence of the Secretary of State, as eligible to participate in the H-2B program.

The Department of Homeland Security publishes the list of H-2A and H-2B eligible countries annually in a Federal Register notice. Designation of eligible countries is valid for one year from publication.

Effective Jan. 18, 2013, nationals from the following countries are eligible to participate in the H-2B program:

Argentina Estonia Kiribati Peru Tonga

Australia Ethiopia Latvia Philippines Turkey

Barbados Fiji Lithuania Poland Tuvalu

Belize Grenada Macedonia Romania Ukraine

Brazil Guatemala Mexico Samoa United Kingdom

Bulgaria Haiti Moldova Serbia Uruguay

Canada Honduras Montenegro Slovakia Vanuatu

Chile Hungary Nauru Slovenia 0

Costa Rica Iceland The Netherlands

Solomon Islands

0

Croatia Ireland Nicaragua South Africa 0

Dominican Republic

Israel New Zealand

South Korea 0

Ecuador Jamaica Norway Spain 0

El Salvador Japan Papua New Guinea

Switzerland 0

A national from a country not on the list may only be the beneficiary of an approved H-2B petition if the Secretary of Homeland Security determines that it is in the U.S. interest for him or her to be the beneficiary of such a petition. (See 8 CFR 214.2(h)(2)(iii) and 8 CFR 214.2(h)(6)(i)(E)(2) for additional evidentiary requirements.)

Note: If you request H-2B workers from both eligible and non-eligible countries, USCIS suggests that you file two separate petitions. Filing one petition for workers from eligible countries and a separate petition for workers from non-eligible countries may help decrease delays.

Period of Stay

Generally, USCIS may grant H-2B classification for up to the period of time authorized on the temporary labor certification. H-2B classification may be extended for qualifying employment in increments of up to 1 year each. A new, valid temporary labor certification covering the requested time must accompany each extension request. The maximum period of stay in H-2B classification is 3 years.

A person who has held H-2B nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2B nonimmigrant. Additionally, previous time spent in other H or L classifications counts toward total H-2B time.

Exception: Certain periods of time spent outside of the United States may "interrupt" an H-2B worker's authorized stay and not count toward the 3-year limit. See "Calculating Interrupted Stay for H-2 Classifications" for additional information.

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Family of H-2B Workers

Any H-2B worker's spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.

Employment-Related Notifications to USCIS

Petitioners of H-2B workers must notify USCIS within 2 workdays if any of the following occur:

No show: The H-2B worker fails to report to work within 5 work days of the latter of:

o The employment start date on the H-2B petition; or

o The start date established by the employer;

Abscondment: The H-2B worker leaves without notice and fails to report for work for a period of 5 consecutive workdays without the consent of the employer;

Termination: The H-2B worker is terminated prior to the completion of the H-2B labor or services for which he or she was hired; or

Early Completion: The H-2B worker finishes the labor or services for which he or she was hired more than 30 days earlier than the date specified in the H-2B petition.

Petitioners must include the following information in the employment-related notification:

1. The reason for the notification (for example, explain that the worker was either a “no show,” “absconder,” “termination,” or “early completion");

2. The reason for untimely notification and evidence for good cause, if applicable;

3. The USCIS receipt number of the approved H-2B petition;

4. The petitioner’s information, including:

o Name

o Address

o Phone number

o Employer identification number (EIN)


o Name

o Address

o Phone number

6. The H-2B worker’s information:

o Full Name

o Date of birth

o Place of birth

o Last known physical address and phone number

Additionally, to assist USCIS with identification of the H-2B worker, submit the following for each H-2B worker, if available:

Social Security Number, and

Visa Number

Note: USCIS defers to DOL’s definition of “workday.” According to the Fair Labor Standards Act (FLSA), this generally means the period of time on any particular day when an employee begins and ends his or her “principal activities.”

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Notification should be made via email or mail to the USCIS Service Center that approved the I-129 petition. Although not required, email notification is strongly recommended to ensure timely notification.



By mail:

California Service CenterAttn: Div X/BCU ACDP.O. Box 30050Laguna Niguel, CA 92607–3004

Vermont Service Center


By mail:

Vermont Service CenterAttn: BCU ACD63 Lower Welden St.St. Albans, VT 05479

Fee-Related Notifications to USCIS

A petitioner, agent, facilitator, recruiter, or similar employment service is prohibited from collecting a job placement fee or other compensation (either direct or indirect) at any time from an alien H-2B worker as a condition of employment.

Petitioners may avoid denial or revocation of their H-2B petitions if they notify USCIS that they obtained information concerning the beneficiary’s payment (or agreement to pay) a prohibited fee or compensation to any agent, facilitator, recruiter, or similar employment service only after they filed their H-2B petition. This narrow exception does not apply, however, where a petitioner knew or should have known at the time of the filing of its H-2B petition that the prospective worker had paid (or agreed to pay) such recruitment-related fees to any such persons or entities.

Petitioners must notify USCIS of an H-2A worker’s payment or agreement to pay prohibited fees to a recruiter, facilitator, or similar employment service within 2 workdays of gaining knowledge of such payment or agreement.

Petitioners must include the following information in the fee-related notification:

1. The reason for the notification;

2. The USCIS receipt number of the approved H-2B petition;

3. The petitioner’s information

o Name:

o Address

o Phone number


o Name

o Address

o Phone number

5. Information about the recruiter, facilitator, or placement service to which the beneficiaries paid or agreed to pay the prohibited fees:

o Name

o Address

Fees not prohibited are:

The lesser of the fair market value or actual costs of transportation; and

Any government-mandated passport, visa, or inspection fees to the extent that the payment of such costs and fees by the H-2B worker is not prohibited by statute or

other laws. This includes, but is not limited to, the FLSA, DOL regulations, case law, and DOL interpretations of the FLSA and other relevant labor laws.


Notification should be made via email or mail to the USCIS Service Center that approved the I-129 petition. Although not required, email notification is strongly recommended to ensure timely notification.


By email:[email protected]

By mail:

California Service CenterAttn: H-2B FeeP.O. Box 10695Laguna Niguel, CA 92607–1095

Vermont Service Center


By mail:

Vermont Service CenterAttn: BCU ACD75 Lower Welden St.St. Albans, VT 05479

H-3 Nonimmigrant Trainee or Special Education Exchange Visitor

The H-3 nonimmigrant visa category allows foreign nationals coming temporarily to the United States as either a:

Trainee to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the foreign national’s home country.

Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.

Trainees

An H-3 “trainee” must be invited by an individual or organization for the purpose of receiving training, in any field including but not limited to:

Commerce

Communications

Finance

Government

Transportation

Agriculture

Other professions

This classification is not intended for U.S. employment. It is designed to provide a foreign national with job-related training for work that will ultimately be performed outside the United States.

In order to obtain H-3 classification, a U.S. employer or organization must demonstrate that:

The proposed training is not available in the foreign national’s own country;

The foreign national will not be placed in a position which is in the normal operation of the business and in which U.S. citizens and resident workers are regularly employed;

The foreign national will not engage in productive employment unless such employment is incidental and necessary to the training; and

The training will benefit the beneficiary in pursuing a career outside the United States.

Each H-3 petition for a trainee must include a statement that:

Describes the type of training and supervision to be given, and the structure of the training program;

Sets the proportion of time that will be devoted to productive employment;

Shows the number of hours that will be spent, respectively, in classroom instruction and in on –the-job training;

Describes the career abroad for which the training will prepare the foreign national;

Indicates the reasons why such training cannot be obtained in the foreign national’s country and why it is necessary for the foreign national to be trained in the United States; and

Indicates the source of any remuneration received by the trainee and any benefit which will accrue to the employer/organization for providing the training.

A training program may not be approved which:

Deals in generalities with no fixed schedule, objectives or means of evaluation;

Is incompatible with the nature of the petitioner’s business or enterprise;

Is on behalf of a foreign national who already possess substantial training and expertise in the proposed field of training;

Is in a field in which it is unlikely that the knowledge or skill will be used outside the United States;

Will result in productive employment beyond that which is incidental and necessary to the training;

Is designed to recruit and train foreign nationals for the ultimate staffing of domestic operations in the United States;

Does not establish that the petitioner has the physical plant and sufficiently trained manpower to provide the training specified; or

Is designed to extend the total allowable period of practical training previously authorized a nonimmigrant student.

Special Education Exchange Visitor

There is a numerical limit (or “cap”) on the number of H-3 special education exchange visitors. No more than 50 may be approved in a fiscal year. As of March 21, 2013, USCIS has approved H-3 petitions on behalf of 5 foreign nationals for Fiscal Year 2013.

A petition requesting an H-3 “special education exchange visitor” must be filed by a facility which has professionally trained staff and a structured program for providing education to children with disabilities, and for providing training and hands-on experience to participants in the special education exchange visitor program. It should include a description of:

The training the foreign national will receive;

The facility’s professional staff; and

The foreign national’s participation in the training program.

In addition, the petition must show that the special education exchange visitor is:

Nearing the completion of a baccalaureate or higher degree program in special education; or

Has already earned a baccalaureate or higher degree in special education; or

Has extensive prior training and experience teaching children with physical, mental or emotional disabilities.

Note: Any custodial care of children must be incidental to the foreign national’s training.

Application Process

In order to obtain H-3 classification, the U.S. employer or organization must file a Form I-129, Petition for Nonimmigrant Worker. The petition must be filed with the information provided above.

Period of Stay

If the petition is approved, the trainee may be allowed to remain in the United States for up to 2 years. If the trainee petition is approved for a special education exchange visitor, the trainee may remain in the United States for up to 18 months.

Family of H-3 Visa Holders

Trainees' spouses and children who are under the age of 21 may accompany them to the United States as H-4 nonimmigrants. However, H-4 nonimmigrants are not permitted to work in the United States.

I Representatives of Foreign Media

You may be eligible for the I, Representatives of Foreign Media, nonimmigrant visa, if you:

Represent a foreign information media outlet (press, radio, film, or other foreign information media)

Are coming to the United States to engage solely in this profession; and

Have a home office in a foreign country

Occupations under this category include reporters, film crews, editors, and similar occupations. Any spouse and children under the age of 21 may accompany or follow to join an I nonimmigrant.


You must demonstrate that you are a bona fide representative of foreign media whose activities are essential to the functions of your organization. The consular officer at the U.S. embassy will determine whether an activity is qualifying in order to obtain a nonimmigrant visa.

Application Process

You can apply for an I visa at an American Embassy or consulate with jurisdiction over your place of permanent residence. The Department of State establishes visa application processing and issuance fees. For detailed application instructions, see the link to the Department of State’s website to the right.

As a representative of foreign media, you cannot travel to the U.S. and engage in your profession without an I nonimmigrant visa, even if you are a citizen of a country that participates in the U.S. Visa Waiver Program (VWP). If you attempt to travel to the U.S. without the appropriate visa, you may be denied admission by the Department of Homeland Security (DHS) at the port of entry (airport, seaport, or land border). There are limited instances under which you, as a foreign media representative, may be eligible to travel with a visitor’s visa. See the link to the Department of State’s website to the right for more information.

Period of Stay

At the port of entry, a Customs and Border Protection (CBP) Officer will determine if you can be admitted to the United States. The Officer will review and stamp Form I-94, Arrival/Departure Record, which will contain your authorized period of stay. Admission as an I nonimmigrant is generally authorized for the duration of status (i.e., D/S on Form I-94), and no application for extension of stay is required to be filed as long as the media representative continues working for the same employer in the same information medium. If Form I-94 indicates a specific end date for your authorized period of stay, and you wish to stay beyond that specified end date, you must file a Form I-539, Application to Extend/Change Nonimmigrant Status, in accordance with the form filing instructions, and submit any required evidence and applicable fees.

Requesting Change of Status to I Nonimmigrant or Change of Employer or Information Medium

If you are currently in the United States and wish to request a change of status from another nonimmigrant classification to an I nonimmigrant status, or if you currently hold I status and wish to request a change of employer or information medium, you must file Form I-539, Application to Extend/Change Nonimmigrant Status in accordance with the form filing instructions and with the proper fees. Your application should be accompanied by evidence of your current status and a letter from the employing foreign media organization describing the employment and establishing the fact that the applicant is a representative of that media organization.

Family of I Visa Holders

Any accompanying or following-to-join spouse and children under the age of 21 may be eligible to apply for an I nonimmigrant visa. If your spouse and/or children apply for visas at a later date, they must submit a copy of your I nonimmigrant visa with their application. Your spouse and children are not eligible to work with an I nonimmigrant

visa, but can study in the United States without applying for an F-1 nonimmigrant student visa. If your spouse and children only intend to visit for vacation and do not intend to reside with you in the United States, they may travel to the United States with a B-2 nonimmigrant visa, or travel without a nonimmigrant visa if they qualify under the U.S. Visa Waiver Program (VWP). For additional information about the VWP, see the link to the Department of State’s website to the right.

L-1A Intracompany Transferee Executive or Manager

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. The employer must file a Form I-129, Petition for a Nonimmigrant Worker [http://www.uscis.gov/I-129], with fee, on behalf of the employee.

The following information describes some of the features and requirements of the L-1 nonimmigrant visa program.

General Qualifications of the Employer and Employee

To qualify for L-1 classification in this category, the employer must:

Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and

Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.

Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

To qualify, the named employee must also:

Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and

Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.

Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.

Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others. See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for complete definitions.

New Offices

For foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office, the employer must also show that:

The employer has secured sufficient physical premises to house the new office;

The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and

The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.

See 8 CFR 214.2(l)(3)(v) for details.

Period of Stay

Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year. All other qualified employees will be allowed a maximum initial stay of three years. For all L-1A employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years.

Family of L-1 Workers

The transferring employee may be accompanied or followed by his or her spouse and unmarried children who are under 21 years of age. Such family members may seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee.

Change/Extend Nonimmigrant Status

If these family members are already in the United States and seeking change of status to or extension of stay in L-2 classification, they may apply collectively, with fee, on an Form I-539, Application to Change/Extend Nonimmigrant Status, [http://www.uscis.gov/I-539].

Spouses

Spouses of L-1 workers may apply for work authorization by filing a Form I-765, Application for Employment Authorization [http://www.uscis.gov/I-765] with fee. If approved, there is no specific restriction as to where the L-2 spouse may work.

Blanket Petitions

Certain organizations may establish the required intracompany relationship in advance of filing individual L-1 petitions by filing a blanket petition. Eligibility for blanket L certification may be established if:

The petitioner and each of the qualifying organizations are engaged in commercial trade or services;

The petitioner has an office in the United States which has been doing business for one year or more;

The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and

The petitioner along with the other qualifying organizations meet one of the following criteria:

o Have obtained at least 10 L-1 approvals during the previous 12-month period;

o Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or

o Have a U.S. work force of at least 1,000 employees.

The approval of a blanket L petition does not guarantee that an employee will be granted L-1A classification. It does, however, provide the employer with the flexibility to transfer eligible employees to the United States quickly and with short notice without having to file an individual petition with USCIS.

Where an L-1 visa is required

In most cases, once the blanket petition has been approved, the employer need only complete Form, I-129S,Nonimmigrant Petition Based on Blanket L Petition [http://www.uscis.gov/I-129s], and send it to the employee along with a copy of the blanket petition Approval Notice and other required evidence, so that the employee may present it to a consular officer in connection with an application for an L-1 visa.

Canadians with an approved blanket petition seeking L-1 classification

Canadian citizens, who are exempt from the L-1 visa requirement, may present the completed Form I-129S and supporting documentation to a U.S. Customs and Border Protection (CBP) Officer at certain ports-of-entry on the United States-Canada land

border or at a United States pre-clearance/pre-flight inspection station in Canada, in connection with an application for admission to the United States in L-1 status.

Please refer to CBP’s website [http://www.CBP.gov] for additional information and/or requirements for applying for admission into the United States.

Optional filing of Form I-129S with USCIS

If the prospective L-1 employee is visa-exempt, the employer may file the Form I-129S and supporting documentation with the USCIS Service Center that approved the blanket petition, instead of submitting the form and supporting documentation directly with CBP.

See 8 CFR 214.2(l)(4) and 8 CFR 214.2(l)(5) for more details regarding blanket petitions.

L-1B Intracompany Transferee Specialized Knowledge

The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one. The employer must file Form I-129, Petition for a Nonimmigrant Worker [http://www.uscis.gov/I-129] with fee, on behalf of the employee.

General Qualifications of the Employer and Employee

To qualify for L-1 classification in this category, the employer must:

Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and

Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.

Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

To qualify, the named employee must also:

Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and

Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.

Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures (See 8 CFR 214.2(l)(1)(ii)(D)).

L-1 Visa Reform Act of 2004

The L-1 Visa Reform Act of 2004 applies to all petitions filed on or after June 6, 2005, and is directed particularly to those filed on behalf of L-1B employees who will be stationed primarily at the worksite of an of an employer other than the petitioning employer or its affiliate, subsidiary, or parent. In order for the employee to qualify for L-1B classification in this situation, the petitioning employer must show that:

The employee will not be principally controlled or supervised by such an unaffiliated employer; and

The work being provided by the employee is not considered to be labor for hire by such an unaffiliated employer.

See INA 214(c)(2)(F) and Chapter 32.3(c) of the USCIS Adjudicator’s Field Manual, available from the "Laws" tab at the top of this page for further details.

New Offices

For foreign employers seeking to send an employee with specialized knowledge to the United States to be employed in a qualifying new office, the employer must show that:

The employer has secured sufficient physical premises to house the new office ; and

The employer has the financial ability to compensate the employee and begin doing business in the United States.

See 8 CFR 214.2(l)(3)(vi) for details.

Period of Stay

Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year. All other qualified employees will be allowed a maximum initial stay of three years. For all L-1B employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of five years.

Family of L-1 Workers

The transferring employee may be accompanied or followed by his or her spouse and unmarried children who are under 21 years of age. Such family members may seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee.

Change/Extend Status

If these family members are already in the United States and seeking change of status to or extension of stay in L-2 classification, they may apply collectively, with fee, using Form I-539, Application to Extend/Change Status [http://www.uscis.gov/I-539].

Spouses

Spouses of L-1 workers may apply for work authorization by filing a Form I-765, Application for Employment Authorization [http://www.uscis.gov/I-765], with fee. If approved, there is no specific restriction as to where the L-2 spouse may work.

Blanket Petitions

Certain organizations may establish the required intracompany relationship in advance of filing individual L-1 petitions by filing a blanket petition. Eligibility for blanket L certification may be established if:

The petitioner and each of the qualifying organizationsare engaged in commercial trade or services;

The petitioner has an office in the United States which has been doing business for one year or more;

The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and

The petitioner along with the other qualifying organizations, collectively, meet one of the following criteria:

o Have obtained at least 10 L-1 approvals during the previous 12-month period;

o Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or

o Have a U.S. work force of at least 1,000 employees.

In order to qualify under the blanket petitioning process, the employee having specialized knowledge must also be a professional. See 8 CFR 214.2(l)(1)(ii)(E).

Where an L-1 visa is required

In most cases, once the blanket petition has been approved, the employer need only complete a Nonimmigrant Petition Based on Blanket L Petition, Form I-129S [http://www.uscis.gov/I-129s], and send it to the employee along with a copy of the blanket petition Approval Notice and other required evidence, so that the employee may present it to a consular officer in connection with an application for an L-1 visa.

Canadians with an approved blanket petition seeking L-1 classification

Canadian citizens, who are exempt from the L-1 visa requirement, may present the completed Form I-129S and supporting documentation to a U.S. Customs and Border Protection (CBP) Officer at certain ports-of-entry on the United States-Canada land border or at a United States pre-clearance/pre-flight inspection station in Canada, in connection with an application for admission to the United States in L-1 status.

Please refer to CBP’s website [http://www.CBP.gov] for additional information and/or requirements for applying for admission into the United States.

Optional filing of Form I-129S with USCIS

If the prospective L-1 employee is visa-exempt, the employer may file the Form I-129S and supporting documentation with the USCIS Service Center that approved the blanket petition, instead of submitting the form and supporting documentation directly with CBP.

See 8 CFR 214.2(l)(4) and 8 CFR 214.2(l)(5) for more details regarding blanket petitions.

O-1 Visa: Individuals with Extraordinary Ability or Achievement

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.The O nonimmigrant classification is commonly referred to as:

O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)

O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry

O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance. For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1

O-3: individuals who are the spouse or children of O-1’s and O-2’s

General Eligibility Criteria

To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.

Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.

To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.

Application Process O-1 Visa

The petitioner should file Form I-129, Petition for Nonimmigrant Worker, (see Form I-129, Petition for Nonimmigrant Worker, link to the right) with the USCIS office listed on the form instructions. The petition may not be filed more than one year before the actual need for the alien's services. To avoid delays, the Form I-129 should be filed at least 45 days before the date of employment.

The petitioner must submit Form I-129, Petition for Nonimmigrant Worker, and the following documentary evidence:

Consultation

A written advisory opinion from a peer group (including labor organizations) or a person designated by the group with expertise in the beneficiary’s area of ability.If the O-1 petition is for an individual with extraordinary achievement in motion picture or

television, the consultation must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability.

Exceptions to the Consultation Requirement:

If the petitioner can demonstrate that an appropriate peer group, including a labor organization, does not exist the decision will be based on the evidence of record.A consultation may be waived for an alien with extraordinary ability in the field of arts if the alien seeks readmission to perform similar services within 2 years of the date of a previous consultation. Petitioners should submit a waiver request and a copy of the previous consultation with the petition.

Contract between petitioner and beneficiary

A copy of any written contract between the petitioner and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed.

NOTE: USCIS will accept an oral contract, as evidenced by the summation of the elements of the oral agreement. Such evidence may include but is not limited to: emails between the contractual parties, a written summation of the terms of the agreement, or any other evidence which demonstrates that an oral agreement was created.

The summary of the terms of the oral agreement must contain:

what was offered by the employer

what was accepted by the employee

The summary does not have to be signed by both parties to establish the oral agreement. However, it must document the terms of the employment offered and that the beneficiary has agreed to the offer.

Itineraries

An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities, if applicable (see the memorandum “Clarifying Guidance on “O” petition Validity Period” link to the right). The petitioner must establish that there are events or activities in the beneficiary’s field of extraordinary ability for the validity period requested, e.g. an itinerary for a tour or a series of events.

Agents

A U.S. Agent may be the actual employer of the beneficiary, the representative of both the employer and the beneficiary, or a person or entity authorized by the employer to act for, or in place of, the employer as its agent.

Agent for Multiple Employers

Please note that a petitioner who will be filing as an agent for multiple employers must establish that it is duly authorized to act as an agent for the other employers. The required conditions can be found at the link to the right (see the memorandum “Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications”). Additionally, agents filing I-129 petitions for multiple employers must include with the petition:

Supporting documentation including a complete itinerary of the event or events which specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishments, venues, or locations where the services will be performed

Contracts between the actual employers and the beneficiary; and

An explanation of the terms and conditions of the employment with required documentation. Once the visa petition is approved by USCIS, the beneficiary can apply at a U.S. embassy or consulate for the visa. Department of State (DOS) establishes visa application processing and issuance fees. For more information on visa application processing and issuance fees, see the “Department of State, travel.state.gov” link to the right.

Agent Performing the Function of an Employer

An I-129 filed by an agent performing the function of an employer must include:

The contractual agreement between the agent and the beneficiary which specifies the wage offered and other terms and conditions of employment. This can be a summary of the terms of the oral agreement or a written contract. A contract is not required between the beneficiary and the entities that will ultimately use the beneficiary’s services.

A petition which requires the alien to work in more than one location must include an itinerary with the dates and locations of work. There are no exceptions to the itinerary requirement when the petition is filed by an agent performing the function of an employer. However, USCIS does give some flexibility to how detailed the itinerary must be and does take into account industry standards when determining whether the itinerary requirement has been met. As such, the itinerary should at a minimum indicate what type of work the beneficiary will be engaged, where, and when this work will take place.

Please note that USCIS relies on the contractual agreement that must be provided with the petition to determine whether the agent is functioning as the employer of the beneficiary. The contractual agreement should establish the type of working relationship between the agent and beneficiary and should clearly lay out how the beneficiary will be paid. In totality, if the terms and conditions of employment show a

level of control over the beneficiary’s work being relinquished to the agent, then the agent may establish that it is performing the function of an employer. This determination will be on a case by case basis and will be based on the contractual agreement, whether written or oral.

The petition must be submitted with evidence regarding the wage offered. However, the regulations do not contain a prevailing wage requirement. Furthermore, no particular wage structure is required. A detailed description of the wage offered or fee structure and that the wage offered/ fee structure was agreed upon may satisfy this requirement.

Agent for Foreign Employers

Agents filing I-129 petitions for foreign employers must submit the minimum general documentary evidence as required for all O-1 petitions which include:

Copies of any written contracts between the foreign employer and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed

An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities

A written advisory opinion from the appropriate consulting entity or entities.

The regulations do not require any additional documentary requirements for an agent filing on behalf of a foreign employer, however, it is the foreign employer who is responsible for complying with all applicable employer sanctions provisions.

Evidentiary Criteria for O-1A

Evidence that the beneficiary has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least (3) three of the following:

Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor

Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field

Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought

Original scientific, scholarly, or business-related contributions of major significance in the field

Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought

A high salary or other remuneration for services as evidenced by contracts or other reliable evidence

Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought

Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation

If the above standards do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish eligibility.

Evidentiary Criteria for O-1B

Evidence that the beneficiary has received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director's Guild Award, or evidence of at least (3) three of the following:

Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements

Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications

Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.

A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications

Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author's authority, expertise and knowledge of the beneficiary's achievements

A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence

If the above standards do not readily apply to the beneficiary’s occupation in the arts, the petitioner may submit comparable evidence in order to establish eligibility (this exception does not apply to the motion picture or television industry).

Application Process O-2

The petitioner must file a petition with USCIS for the O-2 visa. The petitioner should file Form I-129, Petition for Nonimmigrant Worker, (see the “Form I-129, Petition for Nonimmigrant Worker” link to the right) with the USCIS office listed on the form instructions. An O-2 alien must be petitioned for in conjunction with the services of the O-1 artistic or athletic alien. The petitioner may not file the Form I-129 more than one year before the O nonimmigrant will begin employment. To avoid delays, Form I-129 should be filed at least 45 days before the date of employment.

The petitioner must submit Form I-129, Petition for Nonimmigrant Worker, and the following documentary evidence:

Consultation

If the O-2 petition is for support of an individual with extraordinary ability in athletics or the arts, the consultation must be from the appropriate labor organization; orIf the O-2 petition is for support of an individual with extraordinary achievement in motion pictures or television, the consultation must come from an appropriate labor organization and a management organization with expertise in the skill area involved.

Exceptions to the Consultation Requirement:If the petitioner can demonstrate that an appropriate peer group, including a labor organization, does not exist the decision will be based on the evidence of record.

Agents

See above for details on Agents.

Evidentiary Criteria for O-2

The evidence should establish the current essentiality, critical skills, and experience of the O-2 beneficiary with the O-1 beneficiary and that the beneficiary has substantial experience performing the critical skills and essential support services for the O-1.In the case of a specific motion picture or television production, the evidence should establish that significant production has taken place outside the United States and will take place inside the United States, and that the continuing participation of the O-2 beneficiary is essential to the successful completion of the production.

Post Petition Approval

Once the visa petition is approved for O-1/O-2 by USCIS, the beneficiary can apply at a U.S. embassy or consulate for the visa. Department of State (DOS) establishes visa application processing and issuance fees. For more information on visa application processing and issuance fees, see the “Temporary Workers Visas Department of State” link to the right.


Initial Period of Stay

Extension of Stay

Up to 3 years USCIS will determine time necessary to accomplish the initial event or activity in increments of up to 1 year.

As an O nonimmigrant, the beneficiary may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may only engage in authorized employment during the validity period of the petition.

Extension of Stay

The petitioner must request an extension of stay to continue or complete the same event or activity by filing the following documentation with USCIS:

Form I-129, Petition for Nonimmigrant Worker

A copy of the beneficiary’s Form I-94, Arrival/ Departure Record

A statement from the petitioner explaining the reasons for the extension

In order to assist USCIS in adjudication of your request for extension, the statement should describe the event or activity that was the basis for the original approval and confirm that the extension is needed in order for the beneficiary to continue or complete the same event or activity as described.

The beneficiary’s spouse and children must file Form I-539, Application to Extend/Change Nonimmigrant Status, and submit any supporting documents to extend their stay.For more information see the “Form I-539 Application to Extend/Change Nonimmigrant Status” link to the right.

Family of O-1 and O-2 Visa Holders

Any accompanying or following to join spouse and children under the age of 21 may be eligible to apply for an O-3 nonimmigrant visa, subject to the same period of admission and limitations as the O-1/O-2 nonimmigrant. They may not work in the United States under this classification, but they may engage in full or part time study on an O-3 visa.

Changing Employers

If you are an O-1 nonimmigrant in the United States and you want to change employers, then your new employer must file a Form I-129 with the USCIS office listed on the form

instructions.If the petition was filed by an agent, an amended petition must be filed with evidence relating to the new employer and a request for an extension of stay.

Material Change in Terms and Conditions of Employment

If there has been any material change in the terms and conditions of the beneficiary’s employment or the beneficiary’s eligibility, the petitioner must file an amended petition on Form I-129 with the Service Center where the original petition was filed.

Note: There are special rule for athletes. When professional athletes with O-1 nonimmigrant status are traded from one team to another, employment authorization will continue with the new team for 30 days during which time the new employer must file a new Form I-129. The simple act of filing the Form I-129, within this 30-day period, extends the employment authorization at least until the petition is adjudicated. If the new employer does not file a new Form I-129 within 30 days of the trade, the athlete loses his or her employment authorization. The athlete also loses his or her employment authorization if the new Form I-129 is denied.

Return Transportation

If the employment of an O nonimmigrant beneficiary is terminated for reasons other than voluntary resignation, the employer must pay for the reasonable cost of your return transportation to the O nonimmigrant’s last place of residence before entering into the United States. If an agent filed the petition for the employer, the agent and the employer are equally responsible for paying these costs.

P-1A Internationally Recognized Athlete

The P-1 classification applies to you if you are coming to the U.S. temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance.

Individual Athletes Eligibility Criteria

You must be coming to the United States to participate in individual event, competition or performance in which you are internationally recognized with a high level of achievement; evidenced by a degree of skill and recognition substantially above that ordinarily encountered so that the achievement is renowned, leading or well known in more than one country.

Athletic Teams Eligibility Criteria

You must be coming to the United States to participate in team events and must have achieved significant international recognition in the sport. The event in which your team

is participating must be distinguished and require the participation of athletic teams of international recognition.

Application Process

To come to the United States your U.S. employer must file a Form I-129, Petition for Non-Immigrant Worker, accompanied by the appropriate fee and supporting documentation.Please note a petitioner who will be filing as an agent for multiple employers must establish that it is duly authorized to act as an agent. The required conditions can be found at the link to the right (see the memorandum “Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications”.The U.S. employer must submit a consultation from an appropriate labor organization. The consultation must describe the work or services to be performed in the United States and your qualifications for such work. If no appropriate labor organization exists, this requirement is excused.For more information about filing a Form I-129, see the “Form I-129, Petition for Nonimmigrant Worker” link to the right.



A written consultation from an appropriate labor organization

A copy of the contract with a major U.S. sports league or team or a contract in an individual sport commensurate with international recognition in the sport, if such contracts are normally utilized in the sport

An explanation of the event and itinerary

Documentation of at least two of the following:

o Evidence of having participated to a significant extent in a prior season with a major United States sports league

o Evidence of having participated to a significant extent in international competition with a national team

o Evidence of having participated to a significant extent in a prior season for a U.S. college or university in intercollegiate competition

o A written statement from an official of a major U.S. sports league or an official of the governing body of the sport which details how you or your team is internationally recognized

o A written statement from a member of the sports media or a recognized expert in the sport which details how you or your team is internationally recognized

o Evidence that you or your team is ranked, if the sport has international rankings

o Evidence that you or your team has received a significant honor or award in the sport


Once the visa petition is approved, you can apply at a U.S. embassy or consulate. For more information on visa application processing and issuance fees, see the “Department of State, travel.state.gov” link to the right.



Individual Athlete - Time needed to complete the event, competition or performance, not to exceed 5 years

Individual Athlete –Increments of up to 5 years in order to continue or complete the event, competition or performance.

Total stay is limited to 10 years.

Athletic Group - Time needed to complete the event, competition or performance, not to exceed 1 year

Athletic Group – Increments of up to 1 year in order to continue or complete the event, competition or performance.

Essential Support Personnel - Time to complete the event, activity, or performance, may not exceed 1 year

Increments of up to 5 years in order to continue or complete the event, competition or performance.Total stay is limited to 10 years

For additional information on extension of status for P-1 nonimmigrant individual athletes and P-1 essential support personnel see the memos: “Procedures for Applying the Period of Authorized Stay for P-1 Nonimmigrant Individual Athletes” and “Procedures for Applying the Period of Authorized Stay for P-1S Nonimmigrant Individual Athletes’ Essential Support Personnel” at the link on the right.The Form I-129 is used to apply for a change of status, extension of stay, or change of employment.For more information see “Extend my Stay” and “Change my Nonimmigrant Status” link on the right.

Change of employer

You may change employers, but only after your new employer has filed a new Form I-129 with USCIS requesting permission to employ you and extend your stay. You may

not commence employment with the new employer until the Form I-129 has been approved.

Family of P-1A Visa Holders

Your spouse and unmarried children under the age of 21 may obtain P-4 status. Your dependents may not engage in employment, but may attend school or college.

Essential Support Personnel

Essential Support Personnel who are an integral part of the performance of a P-1 athlete (team) and who perform support services which cannot be readily performed by a U.S. worker, are eligible for P-1 classification. Support personnel may include coaches, scouts, trainers and other team officials and referees.The U.S. employer must file a separate Form I-129 for support personnel. The petition must include the following documents:

A consultation from an from an appropriate labor organization with expertise in the area of the support person’s skill

A statement describing the support person’s prior and current essentiality, critical skills and experience with the P-1 athlete (team)

A copy of a written contract between the employer and the support person or a summary of the terms of the oral agreement under which the support person will be employed

P-1B A Member of an Internationally Recognized Entertainment Group

P-1B A Member of an Internationally Recognized Entertainment Group

The P-1B classification applies to you if you are coming to the United States temporarily to perform as a member of an entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.


At least 75 percent of the members of your group must have had a substantial and sustained relationship with the group for at least one year.

Your entertainment group must be internationally recognized, having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered. The reputation of the group, not the individual achievements of its members or the acclaim of a particular production, is essential.

Note: Individual entertainers not performing as part of a group are not eligible for this visa classification.

Special Provisions for Certain Entertainment Groups

Alien circus performers and essential circus personnel are exempt the one year requirement and the internationally recognized requirement. The alien or aliens must be coming to join a nationally recognized circus.Certain nationally known entertainment groups may have the internationally recognized requirement waived if they can establish they have been recognized nationally as outstanding in its discipline for a sustained amount of time in consideration of special circumstances.

Application Process

Your U.S. employer must submit:

Form I-129, Petition for a Non-Immigrant Worker accompanied by the appropriate fee and supporting documentation.Please note that if you are a petitioner who will be filing as an agent for multiple employers you must establish that you are duly authorized to act as an agent. The required conditions can be found at the link to the right (see the memorandum “Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications”.

A consultation from an appropriate labor organization regarding the nature of the work to be done or a statement proving that the group has been established and performing regularly for a period of at least one year (If no appropriate labor organization exists, this requirement is excused)


Form I-129 must include the following documents:

Written consultation from an appropriate labor organization

Itinerary with the dates and locations of the performances

A copy of the contract between the petitioner and the beneficiary or summary of terms of the oral agreement under which the beneficiary will be employed

Evidence that your group has been established and performing regularly for at least one year

Statement from the petitioner listing each member of the group and the exact dates for which each member has been employed on a regular basis by the group

Evidence that your group is internationally recognized as outstanding in the discipline for a sustained and substantial period of time as demonstrated by evidence of your group's receipt of, or nomination for, significant international

awards or prizes for outstanding achievement in the field, or evidence of at least three of the following:

o Your group has performed and will perform as a starring or leading entertainment group in production or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements

o Your group has achieved international recognition and acclaim for outstanding achievement in its field as evidenced by reviews in major newspapers, trade journals, magazines or other published material

o Your group has performed and will perform services as a leading or starring group for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials

o Your group has a record of major commercial or critically acclaimed successes, as evidenced by indicators such as ratings, box office receipts, record, cassette or video sales, and other achievements as reported in trade journals, major newspapers or other publications

o Your group has received significant recognition for achievements from critics, organizations, government agencies or other recognized experts in the field

o Your group has commanded and will command a high salary or other substantial remuneration for services comparable to others similarly situated in the field, as evidenced by contracts or other reliable evidence





Time needed to complete the event, competition or performance, not to exceed 1 year

Increments of up to 1 year in order to continue or complete the event, competition or performance.

The Form I-129 is used to apply for a change of status, extension of stay, or change of employment.

For more information see “Extend my Stay” and “Change my Status” link at the right.

Change of employer

You may change employers, but only after your new employer has filed a new Form I-129 with USCIS requesting permission to employ you and extend your stay. You may not commence employment with the new employer until the Form I-129 has been approved.

Family of P-1B Visa Holders



Essential Support Personnel who are an integral part of the performance of a P-1 entertainer(s) and who perform support services which cannot be readily performed by a U.S. worker, are eligible for P-1 classification. Support personnel include front office personnel, camera operators, lighting technicians and stage personnel.

The U.S. employer must file a separate Form I-129 for support personnel. The petition must include the following documents:

A consultation from an appropriate labor organization

A statement describing the support person’s prior and current essentially, critical skills and experience with the P-1 entertainer(s)


P-2 Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program

The P-2 classification applies to you if you are coming temporarily to perform as an artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the United States and an organization in another country.


You must be an artist entering the United States through a government recognized reciprocal exchange program. In addition, you must possess skills comparable to those of the United States artists and entertainers taking part in the program outside the United States.

Application Process

In order for you to qualify for a P-2 Visa, a sponsoring labor organization in the United States, or your U.S. employer must file Form I-129, Petition for a Non-Immigrant Worker. For more information about the Form, 129, see the “Form 1-129, Petition for a Nonimmigrant Worker” link to the right.

Please note that a petitioner who will be filing as an agent for multiple employers must establish that it is duly authorized to act as an agent. The required conditions can be found at the link to the right (see the memorandum “Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications”.



Written consultation by an appropriate labor organization

Copy of the formal reciprocal exchange agreement between the sponsoring U.S. organization(s) and the organization(s) in a foreign country which will receive the United States artist or entertainer

Statement from the sponsoring organization describing the reciprocal exchange of United States artists or entertainers as it relates to the specific petition for which classification is sought

Evidence that you and the U.S. artist or entertainer subject to the reciprocal exchange agreement are artists with comparable skills and that the terms and conditions of employment are similar

Evidence that an appropriate labor organization in the United States was involved in negotiating, or has concurred with, the reciprocal exchange of U.S. and foreign artists or entertainers.

Note: If the events or performances will take place in multiple areas, an itinerary must be submitted. The itinerary must list the dates and locations of the events.





Time needed to complete the event, competition or performance, not to exceed 1 year

Increments of up to 1 year in order to continue or complete the event, competition or performance.

Form I-129 is used to apply for a change of status, extension of stay or change of employment.

For more information see the “Extend my Stay” and “Change my Nonimmigrant Status” links to the right.

Change of Employer

You may change employers, but only after your new employer has filed a new Form I-129 with USCIS requesting permission to employ you and extend your stay. You may not commence employment with the new employer until the Form I-129 has been approved.

Family of P-2 Visa Holders



Essential support personnel who are an integral part of the performance of a P- 2 artist or entertainer and who perform support services that cannot be readily performed by a U.S. worker, are eligible for P-2 classification. Support personnel may include stagehands, trainers, or those persons having critical knowledge of the specific services to be performed.


Consultation from an appropriate labor organization

Statement describing the support person’s prior and current essentially, critical skills and experience with the P-2 artist or entertainer

Copy of a written contract between the employer and the support person or a summary of the terms of the oral agreement under which the support person will be employed.

P-3 Artist or Entertainer Coming to Be Part of a

Culturally Unique Program

P-3 Artist or Entertainer Coming to Be Part of a Culturally Unique Program

The P-3 classification applies to you if you are coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.


For a P-3 visa, you must be coming to the United States either individually or as a group for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. In addition, you must be coming to the United States to participate in a cultural event or events which will further the understanding or development of your art form. The program may be of a commercial or noncommercial nature.

Application Process

Your U.S. employer or sponsoring organization must submit Form I-129, Petition for a Non-Immigrant Worker. For more information about the Form I-129, see the “Form 1-129, Petition for Nonimmigrant Worker” link to the right.

Please note that a petitioner who will be filing as an agent for multiple employers must establish that it is duly authorized to act as an agent. The required conditions can be found at the link to the right (see the memorandum “Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications”.


Your Form I-129 must include the following documents:

Written consultation from an appropriate labor organization

A copy of the contract between the petitioner and the beneficiary or the summary of the terms of an oral agreement between the petitioner and the beneficiary

An explanation of the event and itinerary

Affidavits, testimonials or letters from recognized experts attesting to the authenticity of your or your group's skills in performing, presenting, coaching or teaching the unique and traditional art forms and giving the credentials of the expert including the basis of his or her knowledge of your or your group’s skills; OR documentation that your or your group’s performance is culturally unique as evidenced by reviews in newspapers, journals or other published materials.

Documentation that all of the performances or presentations will be culturally unique events

Note: If the events or performances will take place in multiple areas, an itinerary must be submitted. The itinerary must list the dates and locations of the events.



Time needed to complete the event, activity or performance, not to exceed 1 year

Increments of up to 1 year in order to continue or complete the event, activity or performance.

The Form I-129 is used to apply for a change of status, extension of stay or change of employment.

For more information see the “Extend my Stay” and “Change my Nonimmigrant Status” links to the right.

Change of EmployerYou may change employers, but only after your new employer has filed a new Form I-129 with USCIS requesting permission to employ you and extend your stay. You may not commence employment with the new employer until the Form I-129 has been approved.

Family of P-3 Visa HoldersYour spouse and unmarried children under the age of 21 may obtain P-4 status. Your dependents may not engage in employment, but may attend school or college.

Essential Support PersonnelEssential support personnel who are an integral part of the performance of a P- 3 artist or entertainer and who perform support services that cannot be readily performed by a U.S. worker, are eligible for P-3 classification. Support personnel may include coaches, scouts, trainers and other team officials and referees.


A consultation from an appropriate labor organization

A statement describing the support person’s prior and current essentially, critical skills and experience with the P-3 artist or entertainer


Q Cultural Exchange

Q Cultural Exchange

There are two nonimmigrant visa categories for persons who want to participate in Exchange Visitor programs in the United States. The J nonimmigrant visa is for educational and cultural exchange programs designated by the Department of State, Bureau of Consular Affairs. The Q nonimmigrant visa is for international cultural exchange programs designated by USCIS. For more information on Exchange Visitors, see the “Department of State: Exchange Visitor (J) Visas” link to the right.

You may be eligible for a Q-1 nonimmigrant visa if you are seeking to participate in an international cultural exchange program. The Q nonimmigrant exchange program is for the purpose of providing practical training and employment, and to share the history, culture, and traditions of your home country with the United States.


Only employers who administer cultural exchange programs are allowed to petition for Q nonimmigrants. The purpose of the Q nonimmigrant visa is to facilitate the sharing of international cultures. It is an employment oriented program, but an integral part of your duties must have a cultural element. You must be at least 18 years old and be able to communicate effectively about the cultural attributes of your country.

Application Process

Your sponsoring organization must file Form I-129, Petition for Nonimmigrant Worker, with the USCIS office specified in the form instructions (see the “Form I-129, Petition for Nonimmigrant Worker” link to the right). In addition, the employer must submit evidence that the employer maintains an established international cultural exchange program. This may be demonstrated by submitting copies of catalogs, brochures or other types of material which illustrate that the cultural component of the program is designed to give an overview of the attitude, customs, history, heritage, philosophy, tradition and/or other cultural attributes of the participant's home country. The employer may also submit evidence which illustrates that the program activities take place in a public setting where the sharing of culture can be achieved through direct interaction with the American public or a segment thereof.

In addition, the employer must establish that:

It has designated a qualified employee to administer the program and serve as liaison with USCIS

It will offer the alien wages and working conditions comparable to those accorded local workers similarly employed

It has the financial ability to compensate the participant(s), as shown by a copy of the employer's most recent annual report, business income tax return or other form of certified accountant's report



Up to 15 months

After you complete your Q cultural exchange program, you are afforded 30 days to depart the United States. You are required to spend 1 year outside the United States before you can apply for participation in the Q cultural exchange program again.

Family of Q Visa Holders

The Q nonimmigrant visa does not have a provision for any spouse or children to accompany or follow to join a Q-1 nonimmigrant. Therefore, any spouse or children must qualify for a visa classification for which they may be eligible.

R-1 Temporary Nonimmigrant Religious Workers

An R-1 is a foreign national who is coming to the United States temporarily to be employed at least part time (average of at least 20 hours per week) by a non-profit religious organization in the United States (or an organization which is affiliated with the religious denomination in the United States) to work as a minister or in a religious vocation or occupation.


To qualify, the foreign national must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least 2 years immediately before the filing of the petition.

A prospective or existing U.S. employer must file Form I-129, Petition for Nonimmigrant Worker, on behalf of an R-1 worker. An R-1 visa cannot be issued at a U.S. Embassy or Consulate abroad without prior USCIS approval of Form I-129. Visa exempt workers must present the original Form I-797, Notice of Action, at a port of entry as evidence of an approved I-129 R petition.

Both the petitioning organization and the religious worker must satisfy certain requirements, which are listed in the chart below.

Supporting Documents Required for the Religious Organization

Supporting Documents Required for the Religious Worker

Proof of tax-exempt status

If the religious organization has its own individual IRS 501(c)(3) letter, provide a currently valid determination letter from the IRS showing that the organization is tax-exempt

If the organization is recognized as tax-exempt under a group tax exemption, provide a group ruling

If the organization is affiliated with the religious denomination, provide:

o A currently valid determination letter from the IRS showing that the organization is tax exempt;

o Documentation that establishes the religious nature and purpose of the organization;

o Organizational literature; and

o A religious denomination certification, which is part of the R-1 Classification Supplement to Form I-129 (see the links to the right)

Proof of salaried or non-salaried compensation

Verifiable evidence showing how the organization will compensate the religious worker, including specific monetary or in-kind compensation. Evidence of compensation may include:

o Past evidence of compensation for similar positions;

o Budgets showing monies set aside

Proof of membership

Evidence that the religious worker is a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least 2 years immediately before the filing of Form I-129

If the religious worker will be working as a minister, provide:

A copy of the religious worker’s certificate of ordination or similar documents

Documents showing acceptance of the religious worker’s qualification as a minister in the religious denomination, as well as evidence that he or she completed any course of prescribed theological education at an accredited theological institution normally required or recognized by that religious denomination. Include transcripts, curriculum, and documentation that establishes that the theological institution is accredited by the denomination

If the denomination does not require a prescribed theological education, provide:

o The religious denomination’s requirements for ordination to minister;

o A list of duties performed by virtue of ordination;

o The denomination’s levels of

for salaries, leases, etc.;

o Evidence that room and board will be provided to the religious worker;

o If IRS documents such as Form W-2 or certified tax returns are available, they must be provided; and

o If IRS documents are not available, you must explain why and provide comparable, verifiable documentation

If the religious worker will be self-supporting

Documents that show the religious worker will hold a position that is part of an established program for temporary, uncompensated missionary work, which is part of a broader international program of missionary work sponsored by the denomination

Evidence showing that the organization has an established program for temporary, uncompensated missionary work in which:

o Compensated or uncompensated foreign workers previously held R-1 status;

o Missionary workers are traditionally uncompensated;

o The organization provides formal training for missionaries; and

o Participation in such missionary work is an established element of religious development in that denomination.

Evidence showing that the organization’s religious denomination maintains missionary programs both in the United States and abroad

Evidence of the religious worker’s

ordination, if any; and

o Evidence of the religious worker’s completion of the denomination’s requirements for ordination

Proof of previous R-1 employment (for extension of stay as an R-1)

If the religious worker received salaried compensation, provide IRS documents that show he or she received a salary. This may include, but is not limited to, Form W-2 or certified copies of filed income tax returns reflecting such work and compensation for the previous R-1 employment

If the religious worker received non-salaried compensation:

o If IRS documents are available, provide IRS documentation of the non-salaried compensation; or

o If IRS documents are not available, explain why and provide comparable, verifiable evidence of all financial support (including stipends, room and board, or other support) with a description of the location where the religious worker lived, a lease to establish where he or she lived, or other evidence

If the religious worker received no salary but supported him or herself and any dependents, provide verifiable documents to show how support was maintained. This may include, but is not limited to, audited financial statements, financial institution records, brokerage account statements, trust

acceptance into the missionary program

Evidence of the duties and responsibilities associated with this traditionally uncompensated missionary work

Copies of the religious worker’s bank records or budgets documenting the sources of self-support. This may include, but is not limited to, personal or family savings, room and board with host families in the United States, donations from the denomination’s churches, or other verifiable evidence

documents signed by an attorney, or other evidence

Period of Stay

USCIS may grant R-1 status for an initial period of admission for up to 30 months. Subsequent extensions may be granted for up to an additional 30 months. The religious worker’s total period of stay in the United States in R-1 classification cannot exceed 5 years (60 months).

USCIS counts only time spent physically in the United States in valid R-1 status toward the maximum period of stay. See the related policy memo for details.

Family of R-1 Visa Holders

An R-1 religious worker’s spouse and unmarried children under the age of 21 may be eligible for R-2 classification. An R-2 dependent is not authorized to accept employment based on this visa classification.

Green Cards

For information about petitioning for a permanent immigrant religious worker, see the “Permanent Workers” link to the left and select “Employment-Based Immigration: Fourth Preference EB-4.”

TN NAFTA Professionals

TN NAFTA Professionals

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant

classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may be eligible for TN nonimmigrant status, if:

You are a citizen of Canada or Mexico;

Your profession qualifies under the regulations;

The position in the United States requires a NAFTA professional;

You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment - see documentation required below); and

You have the qualifications to practice in the profession in question.


Unlike Mexican citizens, Canadian citizens are generally eligible for admission as nonimmigrants without a visa. The TN category, a nonimmigrant classification, simply reflects this general exemption from the visa requirement. NAFTA governs which evidence is required to prove whether a Canadian or Mexican citizen is a professional in a qualifying profession.

Canadian Citizens

If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate.

You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer:

Proof of Canadian citizenship;

Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications; and

Credentials evaluation (if applicable), together with any applicable fees.

Please refer to CBP’s website for additional information and requirements for applying for admission to the United States. If a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant.

Alternatively, a prospective TN employer may choose to file on behalf of a Canadian citizen who is outside the United States by submitting Form I-129, Petition for Nonimmigrant Worker to USCIS. Premium Processing Service is available.

If USCIS approves Form I-129, you, the prospective worker, may then apply to CBP for admission to the United States as a TN nonimmigrant by providing the following documentation to a CBP Officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station:

Proof of Canadian citizenship; and

Approval Notice from USCIS for Form I-129.

In addition, when applying for admission, you should have in your possession a copy of the Form I-129, and all supporting documentation that was submitted to USCIS, to respond to questions about your eligibility. You should also be prepared to pay any applicable inspection fees at the time you seek admission. If a CBP officer finds you eligible for admission, youwill be admitted as a TN nonimmigrant.

Mexican Citizens

If you are a Mexican citizen, then you are required to obtain a visa to enter the United States as a TN nonimmigrant. You should apply for a TN visa directly at a U.S. embassy or consulate in Mexico. See the U.S. Department of State webpage, "Mexican and Canadian NAFTA Professional Worker."

Once you are approved for a TN visa, you may apply for admission at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. Please refer to CBP’s website for additional information and requirements for applying for admission to the United States. If a CBP officer finds you eligible for admission, then you will be admitted as a TN nonimmigrant.



Up to 3 years

If you wish to remain in the United States beyond your initial period of stay without first departing from the United States, you must seek an extension of stay. If you are in the United States, your employer may file Form I-129 on your behalf.

Alternatively, you may depart from the United States before the date your status expires, and then, once abroad, you may apply at a CBP-designated U.S. port of entry or at a designated pre-clearance/pre-flight inspection station using the same application

and documentation procedures required at the time of your initial application for admission as a TN nonimmigrant.

Dependents of TN Nonimmigrants

Any accompanying or “following to join” spouse and children under the age of 21 may be eligible for TD nonimmigrant status. Spouses and children are:

Not permitted towork while in the United States, but they are permitted to study.

Granted TD status for no longer than the period of time granted to the principal TN nonimmigrant.

See the table below for specific information on how to apply for TD nonimmigrant status.

Application Information for Dependents or Spouses of TN nonimmigrants

Spouse or Dependents

Need a Visa? Must ShowWhere to apply for admission to the U.S.

Not citizens of Canada or Mexico

Depends.

Check with the U.S. Department of State to determine whether a visa is required and if so, to learn how to apply for a visa.

Proof of a bona fide spousal or parent-child relationship with the TN nonimmigrant; and

Proof the TN nonimmigrant is maintaining his or her TN nonimmigrant status.

At a CBP- designated U.S. port of entry or at a designated pre-clearance/pre-flight inspection station.

Canadian citizens No visa required Proof of Canadian citizenship;

Proof of relationship to the TN nonimmigrant, such as a marriage certificate or birth

At a CBP-designated U.S. port of entry or at a designated pre-clearance/pre-flight inspection station.

Spouse or Dependents

Need a Visa? Must ShowWhere to apply for admission to the U.S.

certificate;

Photocopies of the TN nonimmigrant’s admission documents; and


Mexican citizens Yes, must apply for a TD nonimmigrant visa at an American embassy or consulate


At a CBP-designated U.S. port of entry or at a designated pre-clearance/pre-flight inspection station.

Extending Your TD Nonimmigrant Stay

If a Canadian or Mexican TN nonimmigrant applies for an extension of stay in the United States at the end of his or her period of admission or authorization as a TN, any eligible TD family member may also apply to extend their status without the need to travel abroad.

If a Mexican TD dependent wishes to travel abroad following approval of any such extension of stay and expiration of the TD visa, the family member will be required to apply for a new TD visa at a U.S. embassy or consulate before being permitted to return to the United States in TD status.

temporary workers

Documents

cnmi requirements

cnmi permit

cnmi law

cnmi file

cw classification

cw nonimmigrant classification

transitional workers

northern mariana islands