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The Immigration and Nationality Act (INA), as amended, provides several
categories of nonimmigrant visas (NIVs) for people who wish to work temporarily
in the U.S. Please click on the questions below to learn more.
What is a petition?
Skilled workers (H), intra-company transferees (L), persons of extraordinary
ability (O), and professional entertainers, performers, athletes (P) and
international cultural exchange visitors (Q) NIV applicants first require
an approved petition from a U.S. sponsor in the U.S. Petitions are the
responsibility of the DHS, Bureau of Citizenship and Immigration Services
(BCIS) and determine whether or not an applicant meets the basic qualifications
for a particular visa. Please contact your sponsor if you have questions
about your petition. Consular officers have no role in the petition process.
Please visit the BCIS websites for information
on filing petition: www.uscis.gov.
Do I need to apply for my petition-based work visa in person?
All applicants for H, L, O, P, Q visas and their family members are required to schedule an interview through Visa Information Web Services at www.us-visaservices.com and bring all their application materials with them at the time of their interview.
You are required to be finger scanned at the time of your interview. Children 13 years old and younger are not required to be finger scanned and are not required to be present at the time of interview.
An applicant must be physically present in Korea while his/her visa application is pending at the U.S. Embassy Seoul. Please do not send your application and supporting documents to us in advance.
What about my family members?
The spouse and children of the principal applicant may apply for derivative
NIVs to accompany or join the principal applicant. U.S. law defines a "child" as an unmarried dependent under the age of 21 years old for all
visa purposes. Parents and any son or daughter over 21 are ineligible
for derivative NIVs.
Accompanying family members are strongly encouraged to apply with the principal applicant. Please note that U.S. immigration
laws and regulations do not allow family members to enter the U.S. ahead
of the principal visa holder.
If family members apply separately to join a principal applicant at a
later date, they must schedule interview appointment through Visa Information Web Services at www.us-visaservices.com and submit all of the information listed, in addition
to evidence of the principal's NIV status. If the E visa holder did not
obtain his/her visa in Seoul, the I-797 and copy of the visa and passport
cover page will usually not be sufficient to determine eligibility for
family members in most cases.
What about school for my children?
Children who hold derivative E, H, L, O, P NIVs may attend shool in the
U.S. without restriction. A child who attends school in the U.S. while
in derivative status must depart the U.S. at the conclusion of the principal
applicant's legal stay. A child wishing to return to the U.S. to study
legally must qualify for the appropriate visa at the U.S. Embassy. A change
of status in the U.S. is not a new visa and does not assure that an applicant
is eligible for any visa. There is no NIV that permits a parent to stay
indefinitely in the U.S. to care for a minor child who is either a U.S
citizen or holds a student (F1) NIV.
Children wishing to study in the U.S. must hold the proper visa. U.S.
law forbids study at a public elementary school (grades 1-8) using a F1
NIV. Study at a public secondary school (grades 9-12) with a F1 NIV is
limited to one year, and full reimbursement for the total cost of the
education must be confirmed ahead of time. Enrolling a child in public
school while in visitor (B1/B2) NIV status can result in the child's visa
revocation and permanent visa ineligibility for the child's parents.
How long is visa processing?
Processing time will vary with the complexity of the case and our workload.
Please apply early for your visa, as we can never guarantee visa processing
in time to suit your travel plans and we cannot give assurance of visa
issuance.
Our busy seasons are near the end of the calendar year, around Lunar New
Year and in the summer. While we work to process applications as quickly
as possible, no one should submit an application to the Embassy during
these busy periods with the anticipation of expedited processing.
How can I contact the Embassy about my work visa?
Due to our volume of casework, we are unable to accept telephone calls
concerning individual visa cases. Attorneys of Record, applicants and
other interested parties are welcome to contact us by e-mail or fax. We
prefer e-mails. Please include return contact information so that we may
respond to your inquiry.
Our e-mail address for E, H, L, O, P or Q visa inquiries is seoulgoldteam@state.gov.
Our FAX number for E, H, L, O, P or Q visa inquiries is 82-2-736-6839.
Our Address in Korea (international postage needed from outside Korea):
U.S. Embassy
CONS/NIV
ATTN: Gold Team
32 Sejongno, Jongno-gu
Seoul 110-710, Rep. of Korea
Our APO/MPS Address (only U.S. domestic postage needed, even from outside
of Korea):
U.S. Embassy Seoul/CONS/NIV
ATTN: Gold Team
APO AP 96205-5550
Updated October 14, 2004
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