Working in the United States is only possible with a visa - regardless of how long or short you stay.
To receive a work visa, a U.S. employer has to file a petition for a work permit for you in the U.S. After the petition has been approved you can apply for a visa. The U.S. Consulates in Germany do NOT provide information on job opportunities in the U.S.
U.S. immigration laws prohibit you from taking a summer job, acccepting an internship or au pair position if you do not have the proper visa. You may not enter the States on a tourist visa and then search for a place to work or do an internship. You must apply for the necessary visa in Germany.
Note:
- Medical students intending to do a Famular at an American university hospital have to apply for a B1/B-Visa.
Please call the Visa Information Service at 0900 1-850055, 7am to 8pm, Monday - Friday (EUR 1.86/Min from a German landline - additional charges may apply from mobile phones) for details.
CLASSIFICATIONSThe 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 limits on some classifications.
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. Government-to-Government research and development, or co-production projects administered by the Department of Defense also apply to this classification;
H-2A classification applies to temporary or seasonal agricultural workers;
H-2B classification applies to temporary or seasonal nonagricultural workers. This classification requires a temporary labor certification issued by the Secretary of Labor;
H-3 classification applies to trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children;
L-1 classification applies to intra-company transferees who, within the three preceding years, have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity;
There is a $500 "fraud prevention and detection fee" for persons applying for L-1 visas under "blanket" provisions abroad. more
O-1 classification applies to persons who have extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field;
O-2 classification applies to persons accompanying an O-1 alien to assist in an artistic or athletic performance for a specific event or performance;
P-1 classification applies to individual or team athletes, or members of an entertainment group that are internationally recognized;
P-2 classification applies to artists or entertainers who will perform under a reciprocal exchange program;
P-3 classification applies to artists or entertainers who perform under a program that is culturally unique (same as P-1); and
Q-1 classification applies to participants in an international cultural exchange program for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the alien's home country.
PETITIONS
In order to be considered as a nonimmigrant under the above classifications the applicant's prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS). Once approved, the employer or agent is sent a notice of approval, Form I-797. 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.
VISA INELIGIBILITY/WAIVER
The nonimmigrant visa application Form DS-156 lists classes of persons who are ineligible under U.S. law to receive visas. In some instances an applicant who is ineligible, but who is otherwise properly classifiable as a temporary worker, may apply for a waiver of ineligibility and be issued a visa if the waiver is approved.
APPLYING FOR THE VISA
Applicants 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.
REQUIRED DOCUMENTATION
Each applicant for a temporary worker visa must submit:
• a passport valid for at least the applicant's intended period of stay in the United States for German citizens; (for certain other nationalities, the passport must be valid 6 months beyond the departure date);
• a DS-156 Electronic Visa Application Form (EVAF) for each applicant, regardless of age, completed online at http://evisaforms.state.gov, and signed by the applicant.
• male applicants between the ages of 16-45 must fully complete supplemental form DS-157;
• one recent photograph for each applicant, including children;
• evidence of your intention to leave the USA after a temporary stay;
• a notice of approval, Form I-797 (original); and
• visa payment confirmation: evidence of having paid the non-refundable visa processing fee for each application.
• a self-addressed, stamped (EURO stamps only!) envelope large enough for your passport and all submitted documents (regular mail, please).
OTHER DOCUMENTATION
With the exception of the H-1 and L-1, applicants may also need to show proof of binding ties to a residence outside the United States which they have no intention of abandoning. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.
U.S. PORT OF ENTRY
Applicants should be aware that a visa does not guarantee entry into the United States. The Bureau of Customs and Border Protection has authority to deny admission. Also, the period for which the bearer of a temporary work visa is authorized to remain in the United States is determined by the Bureau of Customs and Border Protection, not the consular officer. At the port of entry, a Bureau of Customs and Border Protection official must authorize the traveler's admission to the U.S. At that time the Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is validated. Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the United States Citizenship and Immigration Service to request Form I-539, Extension of Stay. The decision to grant or deny a request for extension of stay is made solely by the United States Citizenship and Immigration Service.
ADDITIONAL INFORMATION
FAMILY MEMBERS
With the exception of "Q-1 Cultural Exchange Visitors," the spouse and unmarried, minor children of an applicant under any of the above classifications may also be classified as nonimmigrants in order to accompany or join the principal applicant. With the exception of spouses of L visa "inter-company transferees", a person who has received a visa as the spouse or child of a temporary worker 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.
TIME LIMITS
All of the above classifications have fixed time limits in which the alien may perform services in the United States. In some cases U.S. Citizenship and Immigration Services (USCIS) may extend those time limits in order to permit the completion of the services. Thereafter, the alien must remain abroad for a fixed period of time before being readmitted as a temporary worker under any classification. The USCIS will notify the petitioner on Form I-797 whenever a visa petition, an extension of a visa petition, or an extension of stay is approved under any of the above classifications. The beneficiary may use form I-797 (original) to apply for a new or revalidated visa during the validity period of the petition. The approval of a permanent labor certification or the filing of a preference petition for an alien shall not be a basis for denying a visa under the H-1 or L classifications.
FURTHER INQUIRIES
Questions about 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 nearest U.S. Citizenship and Immigration Services (USCIS) office.
Questions on visa application procedures should be directed to our Visa Information Service:
• Live Service: 0900 1-850055 (EUR 1.86/Min from a German landline - additional charges may apply from mobile phones). 7am to 8pm, Monday - Friday.
• Credit Card Service for applicants from outside of Germany and callers who cannot access 0900 numbers: +49 (0)9131-772-2270. EUR 15 per call, MasterCard and Visa accepted. 7am to 8pm, Monday - Friday.
Last updated: September 2007
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