What is an H visa?

The H visa is for people that desire to live and work in the United States temporarily. People hired to perform a service that requires a professional or someone with special abilities, to occupy a temporary position for which there is a shortage of workers in the United States, or to receiving training from in the United States, require an H visa. To begin the process, the future employer has to file an I-129 petition (petition for temporary workers) with the United States Citizenship and Immigration Service (USCIS) in the Department of Homeland Security (DHS). If approved, USCIS will send an original form I-797 (“Notice of Action”) to the employer. The beneficiary will then be able to apply for an L visa at the Embassy of the United States in Montevideo.

H-1B Visa (Special Occupation)

People who are traveling to the United States, to perform work that requires special abilities will have to apply for an H1B visa. To qualify for this type of visa, you must have a university degree as a minimum (or the equivalent in work experience) in the area in which you wish to obtain work authorization. A clear example of an H-1B visa holder would be a foreign professor hired by a university in the United States or a foreign architect hired by a firm in the United States to design or to supervise the construction of a new complex of buildings.

H-2A Visa (Temporary Agricultural Worker)

Anyone that is traveling to the United States to work temporarily or seasonally in agriculture, when there is a shortage of workers in that area in United States, will need an H-2A visa.

H-2B Visa (Non- Agricultural Temporary Worker)

Anyone that is traveling to the United States to work temporarily or seasonally in a non-agricultural job, when there is a shortage of workers in that area in the United States, will need an H-2B visa. A clear example of an H-2B visa would be a person hired by an employer that needs to develop a certain product in a certain period of time, who found it impossible to obtain all the necessary workers in the local labor market and for these reason, wishes to hire people from abroad with the abilities to carry out the necessary work in the United States, and comply with the work contract. Once the project is finished, there is no need for the foreign work force.

H-3 Visa (Trainees)

Anyone that is traveling to the United States to receive any type of training in a training program that is not designed primarily to provide productive employment and will receive remuneration for it will need an H-3 visa. The training is not a replacement of your semester of practice and the training cannot be available in the applicant’s country of residence. The United States Citizenship and Immigration Services (USCIS) in the Department of Homeland Security will not approve the request for the H-3 visa coming from an educational institution.

H-4 Visa (Spouse and Children of the H Visa holder)

The spouse and single children under age 21 can receive an H-4 visa to accompany the H visa holder to the United States. Spouses cannot accept employment in the United States. The minor children with H4 visas can attend both public and private schools.

Required Documentation:

  1. The original I-797 form (“Notice of Action”), sent to you by the prospective employer in the US;
  2. A copy of the entire I-129 approved petition;
  3. Evidence of work, academic, or other qualifying credentials, as required by the occupation;
  4. Only for Derivative Applicant(s) H4:
    a. If principal applicant is not applying at the same time: A copy of principal applicant’s documents;
     b. Proof of relationship, such as a birth or marriage certificates;
    c. A copy of the principal applicant’s visa along with proof that the principal applicant is maintaining status, such as a current job letter or pay stub.
  5. General Application Documents.

Important Notes:

• Due to limited resources the Consular Section will not be able to issue petition based visas, from people that are not legal residents in Uruguay;

• As a result to strict security measures, some visa applications take longer to process than others. This process cannot be accelerated. For these reasons we recommend that you do not make final travel plans or buy plane tickets until you have your visa in your hand. Visa applicants should never assume that their visa applications will be approved.