How to apply for Temporary Jobs in the Forest Service
How to Apply for a Temporary Specialty Worker Visa
A temporary specialty work visa allows employers to sponsor an employee to work in the United States without becoming a permanent legal resident. Although there are many temporary work visas available, the most common for a specialty occupation is the H-1B visa. To apply, the worker’s employer needs to become certified by the Department of Labor and then needs to submit a petition to the United States Citizenship and Immigration Services (USCIS). Once the petition is approved, the worker then applies for a non-immigrant visa. Because this is a complicated area of law, employers would benefit from legal assistance.
Getting Labor Certification as the Employer
Decide whether the H-1B visa is appropriate.The H-1B visa is a temporary visa, which is available only for certain workers. The person cannot stay in the United States indefinitely. Instead, the visa is good for three years and may be renewed for three additional years.
- In order to get an H-1B visa for an employee, the job must be a specialty occupation as defined by the federal government. Specifically, the job must require a bachelor’s degree or the equivalent in experience and education. Also, the foreign national worker must have the relevant degree or equivalent in experience.
- Examples of jobs eligible for an H-1B visa include computer programmers, scientists, and engineers.Other eligible jobs include economists, statisticians, accountants, and physicians and surgeons.
Create an employer account with the DOL.You need to apply for certification from the Department of Labor (DOL). You can get this certification by submitting a Labor Condition Application (LCA). The purpose of the LCA is for the DOL to check that the H-1B will not adversely affect the working conditions or wages of U.S. workers.
- You must file the LCA electronically. Accordingly, you need to create a Portal Account with the DOL. You can begin by visiting . Look for the drop down box in the center of the page. Select “File an LCA or Prevailing Wage Request” and then click on “Go.”
- Click on “Create an Employer Account” and then enter the requested information.
Complete the Labor Certification.You must answer all questions on the LCA. If you are unsure of anything you are asked about, then you may call 312-353-8100 or send an email to form will ask for the following information:
- the visa classification (H-1B)
- the job title, occupational title, and beginning and end date of employment
- your employer information, including business name, address, phone number, and Federal Employer Identification Number
- your attorney’s or agent’s contact information (name, address, phone number, email, and state bar number, if a lawyer)
- your company’s point of contact information
- the rate of pay
- the physical location of the job and prevailing wage information
Submit the LCA.Make sure that you don’t submit the LCA more than six months before the start of the job.For example, if the job starts on July 15, then do not submit the LCA before January 15.
Wait for the results.The DOL will process your LCA within seven working days. If the application is not complete and accurate, then you will be contacted to supply the missing information or revise it.
Petitioning for the Specialty Visa as the Employer
Gather required information.To complete the petition, you should gather required information first. This will make completing the petition easier. Gather the following information:
- the name and contact information for the employer
- a Federal Employer Identification Number or Individual IRS Tax Number
- the nonimmigrant classification (H-1B) and the basis for it (e.g., new employment)
- the most recent petition/application receipt number
- name and contact information for the beneficiary (the worker)
- the beneficiary’s date of birth and country of birth
- the beneficiary’s Alien Registration Number
- the beneficiary’s foreign address
- the job title and location
- the pay for the job, as well as the date of intended employment
Download the forms.Once the Department of Labor approves your LCA, then you must fill out Form I-129, Petition for a Nonimmigrant Worker. The form is available at .
- To help you with the form, you can download a copy of the instructions at .
Complete the forms.Type the information into the forms or print neatly with black ink. Fill in each requested piece of information. If something doesn’t apply, then write “none” or “N/A.”
Get required proof of the employee’s education.You must submit with the petition proof that the employee has the necessary education or experience to qualify for the visa. You should make sure to get the following, as you will need to submit copies with your application:
- a copy of the beneficiary’s bachelor’s degree (or higher degree)
- a copy of the beneficiary’s foreign degree
- evidence of education, specialized training, or progressively responsible experience which is equivalent to a U.S. degree (e.g., certificates of training/advanced study or a detailed description of the work the employee has performed)
- copy of required licenses
- a copy of the employment contract between you and the beneficiary
Pay the filing fees.The filing fee is 5. Additional fees might apply, depending on various factors, such as the size of the business. For example, you could pay an additional ,000 in fees.You should read the instructions closely as they describe in detail which fees you must pay.
Submit the forms.Once you complete the forms, then make a copy of the entire packet (including attached supporting documentation) for your files. Mail the packet to the appropriate mailing facility, which you can find by calling the Customer Service Center, 1-800-375-5283.
- If you want to make sure that USCIS receives the application, then you should mail your forms certified mail, return receipt requested.
Receive the Notice of Action.If the petition is approved, then USCIS will mail to you a Notice of Action, Form I-797.You should hold onto the Notice of Action in your records, as you may need it at a later date.
Get legal help, if necessary.Petitioning for an H-1B visa is very complex. You would benefit from the assistance of an attorney. To find an experienced immigration attorney, see Find an Immigration Lawyer.
- Be sure to call any prospective lawyer and ask if he or she has experience getting specialty work visas. Some immigration attorneys may not work regularly for employers in this area of immigration law. It is best to check during your initial consultation.
Applying for the Visa as the Worker
Contact the U.S.Embassy or Consulate. After the employer’s petition for the visa is approved, then the employee needs to also apply for a nonimmigrant visa. He or she can contact the United States embassy or consulate in their country. The consulate will tell the worker what precise steps to take.
Gather required documents.To fill out your application for a nonimmigrant visa, you will need certain information. Make sure to gather the following before sitting down to complete the application:
- your passport
- your travel itinerary, if already scheduled
- the dates of your last five visits to the U.S.
- a copy of your resume or CV
- a copy of the I-129 petition
Complete an online application.Workers will need to complete a nonimmigrant visa form, DS-160 online. You can visit to start an application. You need to select the country and city where you are applying from. Then you need to click on “Start an Application.”
- Write down your application ID and the answer to your security question before proceeding.
- Be sure to print a confirmation page once you have completed the application.
Get a photo taken.You must upload a photograph of yourself when you apply for the visa. The photo must either be digital or be scanned so that you can upload it. There are specific requirements for the photograph:
- the photo must be square (e.g., 600 x 600 pixels)
- if the photo is in physical form, it must be 2 x 2 inches (51 x 51 mm)
- if you are scanning a picture, the resolution must be at 300 pixels per inch (12 pixels per millimeter)
- the image must be in color and saved in JPEG file format
- the digital image must not be larger than 240 kB
- if you need to compress the image, then the compression ratio cannot be greater than 20:1
Schedule an interview.If you are between ages 14 and 79, then you will need to schedule an interview. The purpose of the interview is to see if you qualify for the visa you are applying for.
- You will have to give fingerprints at the interview.
- Take the following documents along with you to your interview:
- your passport
- your confirmation page
- the application fee
- your photo
- your receipt number for your approved petition (see Form I-797)
Pay the application fee.The fee is 0. It is non-refundable. There may also be additional “issuance fees” depending on your country.
Wait to hear a decision.It takes roughly 60 days to process the visa application.You will then be notified whether or not the visa has been issued to you.
- You can check the status of your visa application by visiting the United States Department of State website at . Select your location and enter your Application ID. Click “Submit.”
- If the visa is not issued, or if the United States decides that you do not qualify for the H-1B, then you should immediately contact your employer.
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