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USA: Business Immigration
Process for Business Immigration
IMMIGRANT AND WORK VISAS
IMPORTANT: THE EMPLOYEE MUST HAVE A VALID PASSPORT
The application process for a Work Visa can be complicated, and it is the U.S. employer’s responsibility (as it’s the employer that is the one offering the job) to file an application in the U.S. and send you all of the documents (including a copy of the I-129 petition and the approved I-797 petition) to present at the Embassy during your interview.
There are different types of Immigrant Work Visas .
Filing procedures:
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When applying, please download the I-129 application directly to make sure you are using the most current form (this form changes from time to time and a previous form will not be accepted)
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For employers to petition for an alien to come to the United States temporarily to perform services or labor, or to receive training, as an H-1B, H-1C, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker. Employers may also use this form to request an extension of stay or change of status for an alien as an E-1, E-2, or TN nonimmigrant.
Mailing address for all E-1 and E-2 Petitions:
USCIS
California Service Center
ATTN: I-129
P.O. Box 10129
Laguna Miguel, CA 92607-1012
For H-1B Employers Filing Petitions Which Are Cap Exempt.
- H-1B employers filing petitions which are cap exempt are encouraged to file their petitions exclusively at the California Service Center at one of the addresses listed below.
In this instance, "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2(h)(8)(A). "Cap exempt" petitioners include:
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Institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
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Nonprofit organizations or entities related to or affiliated with institutions of higher education; and
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Nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2(h)(19).
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Petitioners can indicate their cap exempt status on the I-129 form with a "yes" answer to questions 1, 2, or 3 in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (page 10).
For U.S. Postal Service Delivery:
USCIS
California Service Center
ATTN: CAP EXEMPT H-1B Processing Unit
P.O. Box 30040
Laguna Miguel, CA 92607-3004
For Non-U.S. Postal Service Delivery (e.g., private courier):
USCIS
California Service Center
ATTN: CAP EXEMPT H-1B Processing Unit
24000 Avila Road, Room 2312
Laguna Miguel, CA 92677
For H-2A Petitions:
- H-2A petitioners are required to file their H-2A petitions with the California Service Center, using the designated addresses below. Each H-2A petitioner is encouraged to mark the outside of his or her envelope with "H-2A" and to attach a separate sheet saying "H-2A" to the top of the petition package. This will ensure quick identification of the H-2A case throughout the petition's processing at CSC.
For U.S. Postal Service Delivery:
USCIS
California Service Center
ATTN: H-2A Processing Unit
P.O. Box 10140
Laguna Miguel, CA 92607-1040
For Non-U.S. Postal Service Deliveries (e.g. private couriers):
USCIS
California Service Center
ATTN: H-2A Processing Unit
24000 Avila Road, Room 2312
Laguna Miguel, CA 92677
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The base fee for an I-129 is $320.00 U.S. dolllars. Check or money order must be written to the Department of Homeland Security. There may be additional charges depending on the Visa being requested
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Petition may not be filed more than six months prior to the date of employment is scheduled to begin
Once the I-129 has been approved and I-797 (sample) is received, the employee must present it and the following documents at the Embassy during your scheduled appointment:
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Copy of the I-129 petition and the approved I-797 petition
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A Banamex receipt for the $1,450 pesos (adjusted according to exchange rate) application fee. There can be additional fees for individuals obtaining work Visas.
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Mexican passport with at least six months validity
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Complete Form DS-156
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If you are male between 16 and 45 years of age,complete the supplementary application
Appointments for Visas can be done by phone 01-900-849-4949 from anywhere in Mexico including Mexico City. There is a charge for the appointment of $12.00 Mexican pesos plus tax which will appear in your phone bill as a charge. To avoid your phone bill being charged, you can also pay for it directly with Banamex. Upon payment, you will receive a pin number to use to prove your payment and will be instructed to call 01-800-112-8500 to schedule your appointment. If calling within the U.S. please call 011 52 477 788 7070.
Appointment calls can be made:
Monday through Friday 7 A.M. to 9 P.M. CST
Saturday, Sunday and Holiday 9 A.M. to 3 P.M. CST
IMPORTANT: The caller must have information from the applicant’s passport available, as the appointment service operator will ask for the full name and number in the passport.
Visa Options
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B-1 Visa This visa is a non-immigrant temporary business visitor visa, for the persons who are traveling to the United States on behalf of their foreign employer to attend meetings, trainings, conferences or conventions in the U. S. You are not allowed employment with this visa. |
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E-1 Visa This visa is a non-immigrant visa for Treaty Traders to enter the U. S. to conduct trade in America. You must be from an eligible country that has a treaty agreement with America. Related Forms: DS-156, DS-156E, DS-157, I-129, I-129E, I-907 |
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E-2 Visa This visa is a non-immigrant visa for Treaty Investor. You must be an investor or plan to invest a considerable amount in the U. S. Related Forms: DS-156, DS-156E, DS-157, I-129, I-129E, I-907 |
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H-1B Visa This visa is for non-immigrants visa for persons who are in a specialty occupation with a bachelor’s degree or higher. Related Forms: DS-156, DS-157, ETA-9035, I-129, I-129H, I-129W, I-907 |
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H-1C Visa This visa is for foreign Registered Nurses sponsored by a hospital or medical facility looking for temporary work in the U.S. |
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H-2A Visa This visa is a non-immigration temporary visa for Seasonal agricultural workers. Employer must apply for the employee, you may not petition for yourself. Related Forms: Labor Certification form, I-129, ETA-750A, ETA-790 |
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H-2B Visa This visa is a non-immigrant temporary visa for foreign trainers or seasonal workers who can work when no U.S. workers are available. Related Forms: DS-156, DS-157, ETA-750A, I-129, I-129H, I-907 |
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H-3 Visa This visa is for foreign trainees coming to America for training, only if training is not available in the foreigner country. |
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J-1 Visa This visa is for International exchange visitor program visa, it allows you to participate in the interchange of knowledge, persons and skills in the educational fields, arts and sciences. Related Forms: DS-156, DS-157, DS-158, I-612, DS-2019 (Institution Specific Form) |
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L-1 Visa This visa is a non-immigrant visa for Intra-company transferees who must be a person with special knowledge and skills or in a higher position to enter the U.S. to manage organizations major functions or division. |
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O-1 Visa This visa is a non-immigrant visa allows a foreign who has special ability to engage in activity in the U.S. such as education, athletics, arts, science, television, or motion pictures production. |
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O-2 Visa This visa is a non-immigrant visa for the support personnel of an O-1 visa holder. |
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P-1 Visa This visa is a non-immigrant visa for artists, athletes and entertainers who will be performing or in a specific event in the U.S. |
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P-2 Visa This visa is a non-immigrant visa for foreign bands or troupes to enter the U.S. to perform temporarily as an entertainer or artist as part of a group or reciprocal exchange program. |
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P-3 Visa This visa is a non-immigrant visa for foreign person to teach, perform, or coach as an artist or entertainers in the U.S. under a cultural unique program as an individual or as part of a group. |
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Q-1 Visa This visa is for foreign persons involve in a program of international cultural exchange to provide employment, training and sharing the history, traditions, and culture of the foreigner home country. |
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TN Visa This visa allows non-immigrant Mexican or Canadian professional workers temporarily enter the U.S. for employment. |
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