Embassy of the United States La Paz, Bolivia

To work legally in the U.S., non-residents must first locate an employer or sponsor who files a petition (form I-129 ) with the USCIS in the U.S. The petition must be approved before a visa application can be considered. Normally, as evidence of USCIS approval, applicants present the original USCIS notice (usually form I-797). This notice is normally sent to the prospective U.S. employer who then forwards it to the applicant for presentation to the consulate with a visa application. Frequently, employers can arrange for USCIS to cable the consulate a notice that a petition has been approved. The consular officer can use that notice as the basis to process a visa application.

In general, individuals intending to work in the U.S. must obtain a temporary work permit (approved by the United States Citizenship and Immigration Service (USCIS), as indicated on form I-797 or other approved petition) and be in possession of the appropriate visa prior to entering the U.S.

Temporary Workers & Trainees (H-visa)

Skilled workers of most industries can qualify if petitions have been approved on their behalf by USCIS. Part of the USCIS approval process may require the prospective employer to file certifications with the US Department of Labor. Workers in this category can include nurses, foreign physicians (who have passed a federal licensing examination), fashion models, defense workers, specialty occupations, agricultural workers, and their dependents. Certain of these categories have numerical limits.

"Trainees" and their dependents can also qualify under the H-visa category to participate in a structured program with professionally trained staff. The H-3 program provides practical training away from a primarily academic or vocational institution. This training is intended to give applicants opportunities to obtain on-the-job experiences in the US at work which does not primarily employ U.S. citizen and resident workers.

Temporarily work in the United States(H-2A and H-2B Visas)

The H-2A classification applies to aliens who are coming temporarily to the United States to perform agricultural work of a temporary or seasonal nature.

The H-2B classification applies to aliens who are coming temporarily to the United States to perform nonagricultural services or labor of a temporary or seasonal nature.

DHS limits the approval of Form I-129, Petition for a Nonimmigrant Worker, filed on behalf of an H-2A and H-2B worker to individuals who are nationals of a country designated as an H-2A and H-2B program participating country.

Bolivia is not one of the countries that are currently participating in these programs, therefore the consular section cannot process new visa applications for these visa types, however H-2A and H-2B renewals can be processed.

Extraordinary Ability (O-visa)

This category applies to persons of extraordinary ability in science, the arts, education, business, and athletics, or who have extraordinary achievement in motion picture and television production. O-visas also include the applicant's support personnel. The applicant must present an approved petition or notification that has been approved by USCIS.

Athletes/Entertainers/Artists (P-visa)

Certain athletes, entertainers, and artists who are intending to perform in the US are covered in this category. For example, baseball players working in the minor leagues and professional musical groups are included. As with other work categories, applicants must be beneficiaries of petitions approved on their behalf by the USCIS.

Residency Rules

Applicants are reminded that these visa categories do not allow for permanent employment in the U.S. nor do they assure permanent residence in the US. These visas allow individuals to live for a designated period in the U.S. and to work at specific jobs. Dependents will also be able to join the principal worker and to study (but, not to work) during the duration of their stay in the U.S. Although the period of employment can be several years, the understanding in all these visa categories is that the employee and the family will leave the U.S. after the employment is completed.

Any non-immigrant visa category, including this work category, is not intended to be used in lieu of the proper immigration visa if applicants plan to live permanently in the U.S. If applicants are seeking to move permanently to the U.S. and obtain "green cards," they must obtain the information sheet on "Immigrating Visas"