Non Immigrant Visas

Work Visas

Foreign nationals are not allowed to work in the United States without prior authorization from the United States Citizenship and Immigration Service (USCIS). In most cases, an American company must file a work petition with the USCIS in the applicant's name. After the petition has been approved, a Form I-797 Notice of Approval will be sent to the applicant that he or she can use to apply for the visa.

We are not able to issue a visa until the petition approval has been confirmed. This process occasionally takes from two to three business days. Therefore, it is possible that your visa will not be ready the day after the interview. Please take this into account when scheduling your visa appointment and making travel plans.

For additional information about the types of work visas and their requirements, visit the State Department’s Temporary Workers web page.

For specific information on different types of work visas, please choose from one of the categories below:

• Specialty Occupations (H-1B Visas)
• Qualified Temporary Workers (H-2A & H-2B Visas)
• Company Training (H-3 Visas)
• Media Representative (I Visa)
• Intra-Company Transfers (L Visas)
• Entertainers (P Visas)
• Religious Workers (R Visas)

Specialty Occupation Visas (H-1B Visas)

Each year the United State provides for a certain number of work visas in specialty occupations such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.

In addition to the regular fees and forms (see Appointments & Fees), applicants for an H1B visa must bring the following to the visa interview.

• A copy of the Form I-797 Notice of Approval
• Evidence of their qualifications to perform the job (bachelor’s diploma or equivalent, work experience, etc.)
• A letter from the employer
• Applicants who are returning to a job in the United States may be asked to demonstrate that they are still employed by presenting a current letter from the employer or recent pay stubs.

Family Members

Spouses and unmarried minor children of H-1B applicants may apply for H-4 visas. Each family member must meet all other visa eligibility requirements, including evidence that they will have sufficient funds for their support, and that they will depart the U.S. when the principal applicant's approved work period ends. Spouses and children of H-1B visa holders may not accept employment at any time. School-age minor children may attend public schools on H-4 status, and are required to attend school if residing in the United States. An approved I-797 form is not a guarantee that family members will receive an H-4 visa.

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Qualified Temporary Worker Visas (H-2A & H-2B)

Each year the United States provides for a certain number of temporary work visas in fields such as agriculture and hospitality. The work performed must not exceed three years.

In addition to the regular fees and forms (see Appointments & Fees), applicants for an H-2A or H-2B visa must bring the following to the visa interview.

• A copy of the Form I-797 Notice of Approval
• Letter from the employer
• Applicants who are returning to a job in the United States may be asked to demonstrate that they are still employed by presenting a current letter from the employer or recent pay stubs.
• Evidence of their strong ties to Romania that would compel them to return after the contract ends

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Company Training Visas (H-3)

The training visa (H-3 visa) is issued to foreign nationals entering the United States principally for training purposes, for which they will be paid a salary. Such trainees can be in any field, as long as that training is not designed primarily to provide productive employment.

In addition to the regular fees and forms (see Appointments & Fees), applicants for an H-3 visa must bring the following to the visa interview.

• An original Form I-797 Notice of Approval
• Evidence of their employment
• Evidence that they have the necessary experience in the field in which they want to be trained
• Evidence of their strong ties to Romania that would compel them to return after the contract ends

Family Members

Spouses and unmarried minor children of H-3 applicants may apply for derivative H-4 visas to accompany or follow the principal H-3 visa holder. Each family member must meet all other visa eligibility requirements, including evidence that they will have sufficient funds for their support, and that they will depart the U.S. when the principal applicant's approved training period ends. Spouses and children of H-3 visa holders may not accept employment at any time. School-age minor children may attend public schools on H-4 status, and are required to attend school if residing in the United States. An approved I-797 form is not a guarantee that family members will receive an H-4 visa.

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Media Representative Visas (I Visa)

The media representative visa (I visa), sometimes referred to as an "information visa," is issued to foreign nationals entering the United States as bona fide representatives of a foreign press, radio, film, or other information medium having its home office in a foreign country.

Applicants for I visas do not need an approved petition filed by their employer with the USCIS. They can apply for the visa directly with the Consular section in the country where they reside.

In addition to the regular fees and forms (see Appointments & Fees), I visa applicants must also present proof of their employment with the foreign press, radio, film, or other information medium (this is usually in the form of a Press Pass).

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Intra-Company Transfer Visas (L Visa)

The intra-company transfer visa (L visa) is issued to employees of multi-national firms that have offices in the United States to allow the employee to work temporarily for the company in the U.S.

In addition to the regular fees and forms (see Appointments & Fees), L visa applicants must also bring the following to the visa interview.

• A copy of the Form I-129 Notice of Approval
• Proof that they have been employed with the petitioning company for one continuous year
• Proof that they are employed in an executive or management capacity, or that they have specialized knowledge in the field
• Beneficiaries of a blanket L-1 petition must pay an additional $500 fee.

Family Members

Spouses and unmarried minor children of L-1 applicants may apply for L-2 visas. Each family member must meet all other visa eligibility requirements, including evidence that they will have sufficient funds for their support, and that they will depart the U.S. when the principal applicant's approved work period ends. Spouses and children of L-1 visa holders may not accept employment at any time. School-age minor children may attend public schools on L-2 status, and are required to attend school if residing in the United States.

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Entertainer Visas (P-3 Visa)

The entertainer visa (P-3 visa) is issued to foreign nationals entering the United States principally to perform, teach, or coach as an artist or entertainer. Foreign nationals who will receive money for their performance or who are professional performers in Romania must have a P-3 visa in order to perform in the United States.

In addition to the regular fees and forms (see Appointments & Fees), P-3 visa applicants must also bring the following to the visa interview.

• A copy of the Form I-797 Notice of Approval
• Evidence of their qualifications as a performer
• Evidence of their strong ties to Romania that would compel them to return after their brief visit to the United States.

Family Members

Spouses and unmarried minor children of P-3 applicants may apply for P-4 visas. Each family member must meet all other visa eligibility requirements, including evidence that they will have sufficient funds for their support, and that they will depart the U.S. when the principal applicant's approved work period ends. Spouses and children of P-3 visa holders may not accept employment at any time. Possession of an approved I-797 petition is not a guarantee that family members will receive a P-4 visa.

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Religious Worker Visas (R Visa)

The religious visa (R visa) is issued to foreign nationals entering the United States solely to work for a non-profit religious organization as a minister or in a religious vocation or occupation. The religious organization must have a presence in both the United States and Romania, have 501(c) tax-exempt status in the United States, and have sufficient funds to support the applicant and any dependents while in the U.S. The applicant must be a bona fide member of the same religious organization in Romania for at least two years immediately prior the time of the application. R visa holders are not allowed to engage in employment other than for the sponsoring religious organization.

Applicants who have already spent 5 years in the U.S. with an R visa must physically reside outside of the U.S. for one year immediately prior to any future R visa application. Applicants for R visas do not need an approved petition from the USCIS. They can apply for the visa directly with the consular section.

In addition to the regular fees and forms (see Appointments & Fees), applicants for an R visa must also bring the following to the visa interview.

• An original letter of invitation from the religious organization in the U.S.
• A contract with the religious organization that includes the name of the applicant, the salary to be paid monthly, and a detailed description of the job duties and daily activities to be performed
• The organization’s 501(c)(3) tax exempt letter from the IRS
• An original letter from the Romanian-based affiliate of the religious organization stating how long the applicant has been an active member of the organization and describing his involvement with the organization
• Evidence that the religious organization in the United States can afford to pay the applicant a sufficient salary while in the United States.

Family Members

Spouses and unmarried minor children of R-1 applicants may apply for R-2. Each family member must meet all other visa eligibility requirements, including evidence that they will have sufficient funds for their support, and that they will depart the U.S. when the principal applicant's approved work period ends. Spouses and children of R-1 visa holders may not accept employment at any time. School-age minor children may attend public schools on R-2 status, and are required to attend school if residing in the United States. An approved R-1 visa is not a guarantee that family members will receive an R-2 visa.

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