H-Class Visas

 
8 CFR § 214.2 Petitions for Temporary Nonimmigrants Employees
 

Under section 101(a)(15)(H) of the Act, an alien may be authorized to come to the United States temporarily to perform services or labor for, or to receive training from, an employer, if petitioned for by that employer under the H–1C, H–1B, H–2A, H–2B, and H–3, respectively.

 


CLASSIFICATIONS

 
(A) An H–1C: an alien who is coming temporarily to the United States to perform services as a registered nurse
 
(B) An H–1B: an alien who is coming temporarily to the United States:
 

  • ( 1 ) To perform services in a specialty occupation (except agricultural workers, and aliens described in section 101(a)(15) (O) and (P) of the Act)
  •  

  • ( 2 ) To perform services of an exceptional nature requiring exceptional merit and ability relating to a cooperative research and development project or a coproduction project provided for under a Government-to-Government agreement administered by the Secretary of Defense;
  •  

  • ( 3 ) To perform services as a fashion model of distinguished merit and ability

 

(C) An H–2A: classification applies to an alien who is coming temporarily to the United States to perform agricultural work of a temporary or seasonal nature.
 
(D) An H–2B: an alien who is coming temporarily to the United States to perform nonagricultural work of a temporary or seasonal nature, if there are not sufficient workers who are able, willing, qualified, and available at the time of application for a visa and admission to the United States
 
(E) An H–3: an alien who is coming temporarily to the United States:
 
( 1 ) As a trainee, other than to receive graduate medical education or training, or training provided primarily at or by an academic or vocational institution, or
 
( 2 ) As a participant in a special education exchange visitor program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
 

Request more Information

Reform Tracker

FACEBOOK