International Services
H1B Status
Definition:
H-1B classification applies to persons in a specialty occupation
which requires the theoretical and practical application of a body of highly
specialized knowledge requiring completion of a specific course of higher
education. This classification requires a labor attestation issued by the
Secretary of Labor. This classification also applies to
Government-to-Government research and development, or production projects
administered by the Department of Defense.
The Petition
In order to be considered as a nonimmigrant under the above H1B
classification Brookhaven National Laboratory must file Form I-129,
Petition for Nonimmigrant Worker, with the United States Citizenship and
Immigration Services (USCIS) in the Department of Homeland Security. Once
approved, Brookhaven sends a notice of approval, Form I-797. It should be
noted that the approval of a petition shall not guarantee visa issuance to
an applicant found to be ineligible under provisions of the Immigration and
Nationality Act. The petition and the visa are two separate items and
controlled by two separate agencies. The visa process while in consultation
with USCIS, is controlled by the United States Department of State.
The Visa
Employees for temporary work visas should generally apply at the American
Embassy or Consulate with jurisdiction over their place of permanent
residence. Although visa applicants may apply at any U.S. consular office
abroad, it may be more difficult to qualify for the visa outside the country
of permanent residence. Please check with the Embassy or Consulate office
you are traveling to for times and availability. You may reach the Embassy
sites of the U.S. Department of State’s website at
www.state.gov.
Each applicant for a temporary worker visa must pay a nonrefundable
US$100 application fee and submit:
- An application Form DS-156, completed and signed. The DS-156 must be
the February 2003 date, either the electronic "e-form application" or
the non-electronic version. You may also check with the Embassy Consular
Section where you will apply to determine if the hard-copy blank DS-156
form is available, should you need it.
- A Supplemental Nonimmigrant Visa Application, Form DS-157 provides
additional information about your travel plans. Submission of this
completed form is required for all male applicants between 16-45 years
of age.
- A passport valid for travel to the United States and with a validity
date at least six months beyond the applicant's intended period of stay
in the United States. If more than one person is included in the
passport, each person desiring a visa must make an application;
- One (1) 2x2 photograph.
- A notice of approval, Form I-797.
Family Members
The spouse and unmarried, minor children of an applicant under the H1B
classification may also be classified as non-immigrants in order to
accompany or join the principal applicant. A person who has received a visa
as the spouse or child of a temporary worker (H-4) 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.
Last Modified: November 10, 2008
Please forward all questions about this site to:
Christine Sanfilippo
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