July 13, 2005:
Work Visa Chat

Q. User asked: What are requirements for applying for a Visa for employment?
A. Consul Answered:The process starts with an approved petition from the Department of Homeland Security (DHS), which has an approved Labor Certification by the Department of Labor (DOL). These are both filed by an employer in the US on behalf of a specific applicant.

Q. How do you apply?
A. The H non-immigrant visa process starts with an approved petition from the Department of Homeland Security (DHS), which has an approved Labor Certification by the Department of Labor (DOL). These are both filed by the employer in the US on behalf of a specific applicant. Once a petition is approved, a notice of approval (I797) is given to the employer and applicant. The applicant will then contact the US Embassy call center to schedule an appointment for interview. The number for the call center is 1-909-101-7878.

Q. I have an h1b visa already. Once I arrive in USA, would it take me around 6-8 weeks before I get my SS#?
A. It depends on the regional office where you will apply for your SS#.

Q. Let’s say, New Jersey regional office for the SS#.
A. To get that information you need to contact New Jersey Social Security office.

Q. Can I apply for a working visa even if I don’t have a U.S. employer?
A. In almost all cases the answer is no. You need to have a petition filed by the prospective employer.

Q. - I already have my I797 and have scheduled for an interview on Sept. 1. I would like to know what are the chances of being refused of visa?
A. It depends upon your case. During the interview your identity, qualifications, likelihood to work as petitioned, and personal eligibility for a US visa will be reviewed. Every interview is unique

Q. - Good afternoon sir. Could you please give me an idea about what is this GUEST WORKERS VISA all about? Thanks and more power.
A. At this time we do not have information on the guest worker program. Please check the US Embassy website http://www.philippines.usembassy.gov/or DHS website http://www.dhs.gov/ in the future for details as they become available.

Q. If ever I work in U.S.A. as a Physical Therapist, how long should I have to wait for me to be able to have a vacation back here in the Philippines? Let’s say I’ll arrive in U.S.A. this September 21st.
A. There are no immigration restrictions as long as you arrive in the U.S. on a work visa. It may also depend on your employer of course.

Q. So that means an approved petition is still not a guarantee to get the visa approved here?
A. That is correct, a petition does NOT guarantee issuance of an US Visa.

Q. Once an approval has been given by DOL, about how long does the process take before a visa is granted? Is this process of same as in the case of an immigrant, interview, and assessment etc?
A. The process varies. Some may take only 2 months while others take as long as a couple of years. This depends on how quickly DHS and DOL process the case. This does not apply to immigrant based visa petitions as they depend on the quotas set by Congress

Q. I am a student from MSU Marawi willing to apply for a VISA for employment. I am expected to graduate this October in BSBA Management; actually I am a Sumerian graduate. I finished all my academic units and requirements last summer and now while waiting for the graduation I am now taking magna carta, in order to attend Licensure Examination for Teachers.... may I apply?
A. While you are in the process of qualifying to work in the U.S., you will need to find an employer who is willing to petition you.

Q. So you mean to say if I arrive in Louisiana to work by October 2005, then my employer would allow me to have a Christmas vacation or Holy Week back here in the Philippines by December 2006 or even April 2006?
A. It would depend on you employer. There are no immigration restrictions for you to travel back to the Philippines unless you have violated the terms of your visa.

Q. Consulate, how long will I work there? If I’m in America, does it depend on my employer?
A. The petition (I797), approved by DHS, includes validity dates that determine the start and end dates for temporary work in the US.

Q. How many months does it take for an H1B applicant to be approved, considering the applicant is already on the U.S.?
A. Approval processing time is the same regardless of whether the applicant is in the U.S. or not. Please remember that you must comply with the terms of the visa that you enter the U.S. with. If you misrepresent your purpose, you may be rendered ineligible for future visas.

Q. If my I797 is valid from 10/1/05 to 6/10/08, do I need to leave the country after 10/1 assuming I have an approved visa from the local consul?
A. An individual only has legal status in the US on an employment visa during the validity period on the petition. After the validity period is over, one must return to the country of origin. An individual is able to work for the same employer, with approved petitions, for a total of 6 years. An individual must have a valid, approved petition to be legal in the US at all times.

Q. Just want to ask what does this all about?
A. This chat is about employment-based visas to the U.S.

Q. Sir, if one applies for an employment visa from a country other than the Philippines, say from Canada, would the process be the same as if from the Philippines and also the time to process the same would also be about the same?? Thanks
A. The process and times are the same. Even if you apply in Canada you will still be considered as a Philippines passport holder.

Q. In the U.S.A, physical therapists need to pass the state board for us to continue working (because the temporary permit expires). If a PT doesn’t pass up to the three times limit in one year, can a PT work in different field like for example a cashier or whatsoever while continue reviewing for the 4th attempt at the exam?
A. An individual on an H non-immigrant worker MUST work as petitioned while in the US. If an individual is petitioned as a Physical Therapist, this is the only work allowed and it is only allowed with the petitioning employer.

Q. What is a petition based employment visa?
A. An employment-based visa is a visa that allows an individual to work in the U.S. There are immigrant visas for permanent employment in the U.S. and there are non-immigrant work visas for temporary work in the U.S.

Q. Assuming my visa is approved on the 1st of September can I join my employer from Sept. 15?
A. Once you visa is approved it will be delivered to your residence within 10 working days. You can make you travel arrangements accordingly.

Q. What is an H non-immigrant?
A. An H non-immigrant visa is the classification for a temporary worker in a specialty occupation. For example: Teachers, Physical Therapists, Occupational Therapists, Engineers, Computer Programmers, etc. The conditions of an H non-immigrant visa are: Temporary work, a US college degree or foreign equivalent is required, also, depending upon the type of job, an individual must have any required state licenses to work as petitioned immediately upon arrival in the U.S. It requires an approved petition from DHS filed by an employer in the U.S. on behalf of an individual.

Q. For immigrant visas for permanent employment, may I come back in the Philippines for vacation?
A. Yes, you may come back to the Philippines for vacation as long as your employer approves it

Q. Sir, Can a person apply for a non-immigrant work visa and once in the U.S. can it then be changed into an immigrant visa for permanent employment?
A. Your question can be best answered by the Department of Homeland Security. Please check their website at http://www.uscis.gov/graphics/index.htm

Q. What are the usual questions being asked during the interview?
A. The interview will focus on the applicant’s identity, qualifications, likelihood to work as petitioned, and personal eligibility for a US visa. Every interview is unique.

Q. If I am holding an H1-b visa, can I visit countries like U.K. for a holiday?
A. Yes, you can visit other countries for a vacation.

Q. Why are Muslim sounding family names/ Muslims have difficulty acquiring visa?
A. The U.S. visa process does not discriminate on any basis. Religion does not play a role in the decision by DHS or the Consular officers. The visas are based on identity, qualifications, likelihood to work as petitioned and eligibility for the U.S. visa.

Q. Do I need to spend a big amount to get a working visa?
A. The fee for the application of a non-immigrant visa is the same regardless of the classification of non-immigrant visa. Currently, the application fee is US $100. There are fees associated with the DHS filing process but the potential employers generally pay these. Other fees associated with employment-based visas are subject to the terms and agreements contracted between an individual and their employer.

Q. Where can I get more info about applications for visa?
A. You can refer to the following websites: http://www.travel.state.gov/ and www.uscis.gov

Q. Please tell us more about petition-based employment visa.
A. For more complete information on the petition based work visas we can refer you to the http://www.travel.state.gov/ and www.uscis.gov

Consul: Thank you for your participation and great questions. Unfortunately we are out of time. Please refer to the websites listed for more additional information. Please check our website for more information on future chats.