If you want to work in the U.S. temporarily as a nonimmigrant, under U.S. immigration law, you need a specific visa based on the type of work you will be doing. Most temporary worker categories require that your prospective employer or agent file a petition, which must be approved by the U.S. Citizenship and Immigration Services (USCIS) in the United States before you can apply for a work visa.
All applicants for H, L, O, P, Q, and R visas must have a petition approved on their behalf by USCIS. The petition, Form I-129, must be approved before you can apply for a work visa at the Embassy in Abuja or the Consulate in Lagos. When your petition is approved, your employer or agent will receive a Notice of Action, Form I-797, which serves as your petition’s approval notification. The consular officer will verify your petition approval through the Department of State’s Petition Information Management Service (PIMS) during your interview.
You must bring your I-129 petition receipt number to your interview at the Embassy or Consulate in order to verify your petition’s approval. Please note that approval of a petition does not guarantee issuance of a visa if you are found to be ineligible for a visa under U.S. immigration law.
Work Visa Descriptions and Qualifications
H-1B (specialty occupation)
An H-1B visa is required if you are coming to the United States to perform services in a pre-arranged professional job. To qualify, you must hold a bachelor’s or higher degree (or an equivalent degree) in the specific specialty for which you seek employment. USCIS will determine whether your employment constitutes a specialty occupation and whether you are qualified to perform the services. Your employer is required file a labor condition application with the Department of Labor concerning the terms and conditions of its contract of employment with you.
