General Information And Procedures For H
And L Visa Applicants
General Information And Procedures For H And L Visa Applicants
Information For H Visa Applicants:
An H visa is issued to a nonimmigrant to allow travel for the purpose
of temporary employment in the United States. In order to receive
an H visa, the applicant must demonstrate that (a) the prospective
employer has filed, and the USCIS (United States Citizenship and
Immigration Services) has approved, a petition (Form I-129) requesting
H status for the applicant and (b) the applicant qualifies for the
specified employment by showing proof of education and relevant
work experience.
Information For L Visa Applicants
The L visa classification was created to permit multinational companies
to transfer qualified employees temporarily to the United States
for the purpose of improving management effectiveness, expanding
U. S. exports, and enhancing competitiveness in overseas markets.
An applicant for an L visa must demonstrate that (a) the prospective
employer has filed, and the USCIS (United States Citizenship and
Immigration Services) has approved, a petition (Form I-129) requesting
L status for the applicant; (b) the prospective employer is the
same firm, corporation, or other legal entity, or parent, branch,
affiliate or subsidiary thereof, for whom the applicant has been
employed abroad; (c) the prospective employer will continue to do
business in the United States and at least one other country; (d)
the applicant has been employed overseas by the transferring organization
for at least one year within the past three years; and (e) the applicant
is a manager, executive, or employee with specialized knowledge
and is destined to a managerial or executive position, or a position
which requires specialized knowledge.
Application Procedure For H And L Visas
In order for an applicant to be accorded consideration as a nonimmigrant
under the above classification, the consular officer must have received
notice of an approved Form I-129, Petition for Nonimmigrant Worker,
from the USCIS (United States Citizenship and Immigration Services).
The applicant's prospective employer must file the petition with
USCIS proving that the position cannot be filled from the domestic
labor market and that the applicant is qualified for the job. It
should be noted that the approval of the petition shall not, in
itself, establish that the applicant is entitled to receive a visa
if found to be otherwise ineligible under provisions of the Immigration
and Nationality Act.
- In order to apply for an H or L visa, the applicant must bring
the required documents listed below to Pony Express when they
submit their application.
- During the interview the applicant should be prepared to explain
to the consular officer how he or she satisfies the visa requirements
described above. If the consular officer determines that additional
information is required, the officer will deny the application
under Section 221(g) of the Immigration and Nationality Act (INA)
and schedule an appointment for a subsequent visa interview.
- During the interview with the consular officer, the applicant
should be prepared to discuss all documents that have been submitted,
and to answer any questions asked by the consular officer, in
order to demonstrate that he or she satisfies the applicable visa
requirements.
- The consular officer will normally inform the applicant whether
the application has been approved or denied at the end of the
interview. If the visa application is approved, the applicant
will be requested to pay all relevant visa fees.
- Applicants applying for H-4 or L-2 visas, as dependents of a
principal applicant for an H-1B, H-2, H-3 or L-1 visa must fill
out an application form, and present the original Form I-797,
Notice of Action, from the USCIS, and a copy of the principal
applicant's visa. The usual application and visa fees apply.
Required Documents For H Visa Applicants
Please note that applicants for H Visas will only be scheduled
for interviews after all the documents listed below have been provided.
Supplied by Applicant
- Original Form I-797, Notice of Action;
- A valid passport;
- One photograph;
- Completed DS-156 application form;
- Diploma or other professional credentials, (Original Preferred);
- Workbook (Trudovaya knizhka), (Original Preferred);
- Proof of experience in proposed field of work: resume, current
spravka, letters of recommendation from previous employers, publications,
work-related correspondence, etc.
Supplied by Employer, Presented by Applicant
- Copy of H1B petition (Form I-129) submitted to USCIS and all
other supporting documents filled with the I-129; (The original
petition approved by USCIS should be sent to the consulate by
mail. If the original is unavailable a copy may be submitted by
the applicant.);
- Original transcript of tax returns from IRS of the company's
last two year's tax returns (not file copies);
- Company payroll records for last year;
- Company prospectus
Any sensitive documents should be sent to the applicant in a sealed
envelope. These documents will not be returned to the applicant.
They will be kept on file.
Applications By Family Members
Family members who will follow primary beneficiary at a later date
should bring the following documentation at the time of interview:
- Original Notice of Action (Form I-797)
- Proof of relationship to primary applicant (marriage certificate,
civil passport, birth certificate, etc.)
- Photocopy of primary applicant's visa
If primary applicant's visa was not issued in Vladivostok, all
documents listed above must be presented.
Required Documents For L Visa Applicants
Please note that applicants for L Visas will only be scheduled for
interviews after all the documents listed below have been provided.
Supplied by Applicant
- Original I-797, Notice of Action
- Passport
- One photograph
- Completed DS-156 application form;
- Diploma or other professional credentials (Original Preferred)
- Workbook (trudovaya knizhka) (Original Preferred)
- Proof of experience in proposed field of work: resume, current
spravka, letters of recommendation from previous employers, publications,
work-related correspondence, etc.
Supplied by Employer, Presented by Applicant
- Copy of L1-A petition (Form I-129) submitted to USCIS and all
other supporting documents filled with the I-129; (The original
petition approved by USCIS should be sent to the consulate by
mail. If the original is unavailable a copy may be submitted by
the applicant.)
- Original transcript of tax returns from IRS of the company's
last two year's tax returns (not file copies)
- Documents about the company in the U.S. not included in the
petition may be faxed to the applicant to bring to the interview.
Any sensitive documents should be sent to the applicant in a sealed
envelope. These documents will not be returned to the applicant.
They will be kept on file.
Supplied by Employer in Russia, Presented by Applicant
- Companypayroll records for last year;
- Company prospectus, Bylaws, and Registration documents
- Company financial information
Applications By Family Members
Family members who will follow primary beneficiary at a later date
should bring the following documentation at the time of interview:
- Original Notice of Action (Form I-797);
- Proof of relationship to primary applicant (marriage certificate,
civil passport, birth certificate, etc.)
- Photocopy of primary applicant's visa
If primary applicant's visa was not issued in Vladivostok, all documents
listed above must be presented.
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