Non-Immigrant Visas

Temporary Workers

The Immigration and Nationality Act provides several categories of nonimmigrant visas for a person who wishes to work temporarily in the United States. There are annual numerical quotas on some classifications, some of which are set quotas, some vary annually.

Some common major classifications include:

• H-1B   specialty occupation requiring specialized knowledge
• H-2A   temporary or seasonal agricultural workers
• H-3   trainees; practical training in the education of handicapped children

Other classifications include intracompany transferees employed abroad; persons with outstanding ability in their field (sciences, arts, education, business, athletics); athletes, performers and entertainers. To see the complete listing of classifications, visit the State Department web site.

In order to be eligible under the above classifications the applicant's prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, with DHS, US Citizenship and Immigration Services (formerly INS.) Once approved, the employer or agent is sent a notice of approval, Form I-797. A copy of the approved petition is sent to the American Embassy in Minsk. It should be noted that the approval of a petition does not guarantee visa issuance to an applicant found to be ineligible under provisions of the Immigration and Nationality Act. Applicants for temporary work visas should apply at the American Embassy or Consulate with jurisdiction over their place of permanent residence. Before you schedule an appointment, you should have the original approval notice (I-797.)

Once an appointment is scheduled, please bring the following documents to the Consular Section at the appointed date and time:

1. $131 non-refundable visa application fee payable in U.S. dollars
2. your passport (valid at least another 6 months from intended date of departure from the U.S.)
3. the completed visa application(s)
4. 1 unmounted 5 x 5 cm, full face photograph (see example photo)
5. a Notice of Approval, Form I-797
6. a university diploma, labor book and other documents showing that you are qualified to perform work stated in petition. Sportsmen, performers and entertainers may bring newspaper articles, pictures and competition awards to prove their qualification.

The fee for this multiple-entry work visa is $300 (Belarusian citizens only) in addition to the $131 non-refundable application fee.

With the exception of the H-1, L-1, O categories, (under Section 214(b) of the Immigration and Nationality Act) visa applicants must overcome the presumption that they are intending immigrants. To do so, applicants must prove to the consular officer at the time of application that they have sufficient ties to Belarus to compel them to return from the United States. Documents showing business ties, property ownership or family ties to Belarus can therefore assist in supporting a visa application.

Family members of temporary worker visa holders, the spouse and unmarried, minor children, may also accompany or join the principal applicant however, they may not accept employment in the United States. The principal applicant must be able to show that he or she will be able to support his or her family in the United States. In addition to the visa application requirements above, family members must also provide:

1. document stating the relationship of the applicant to the principal work visa holder (marriage certificate; child's birth certificate)
2. copy of the principal applicant's visa from their passport
3. letter of employment for the principal applicant in cases where applicant is already in the U.S.

Additional Information

Questions regarding petitioning procedures, qualifications for various classifications and conditions and limitations on employment should be made by the prospective employer or agent in the United States to the DHS-USCIS office.