Flag

An official website of the United States government

Nonimmigrant Visas: Temporary Employment & Business
19 MINUTE READ

Overview

Temporary employment visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite. Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition is required to apply for a temporary employment visa.

See our Temporary Employment Visa Categories or Treaty Trader & Investment Visa page to determine which visa category might be appropriate for your purpose of travel to the United States.

How to Apply

Labor Certification – Some temporary worker visa categories require your prospective employer to obtain a labor certification or other approval from the Department of Labor on your behalf before filing the Petition for a Nonimmigrant Worker, Form I-129, with USCIS. Your prospective employer should review the Instructions for Form I-129 on the USCIS website to determine whether labor certification is required for you.

Petition Approval – Some temporary worker categories are limited in total number of petitions which can be approved on a yearly basis. Before you can apply for a temporary worker visa, a Petition for a Nonimmigrant Worker, Form I-129, must be filed on your behalf by a prospective employer and be approved by USCIS. For more information about the petition process, eligibility requirements by visa category, and numerical limits, if applicable, see Working in the U.S. and Temporary (Nonimmigrant) Workers on the USCIS website. Once the petition is approved, USCIS will send your prospective employer a Notice of Action, Form I-797.

Treaty Trader & Investor Visas – Please review our Treaty Trader/Investor visa page.  For this visa category, any supporting documents should be emailed (LjubljanaVisa@state.gov) or mailed to the Embassy (Prešernova cesta 31, 1000 Ljubljana, Slovenia) at least one week prior to the interview.

Step 1. Check the Validity of Your Passport

Your passport must be valid for at least six months beyond your period of stay in the United States, unless exempt by country-specific agreements. If more than one person is included in your passport, each person who needs a visa must submit a separate application.

Step 2. Complete the Online Nonimmigrant Visa Application, Form DS-160

  • Completed Online Nonimmigrant Visa Application, Form DS-160

Please note that you must answer EVERY question on the application forms. If the answer to a question is “none,” please write “none”(Do not leave it blank). Incomplete/incorrect forms will be returned and will require you to schedule a new interview appointment.

Important! Many of our visa applicants are completing the DS-160 incorrectly, causing us to postpone their planned visa interview dates.

Step 3. Prepare Documents for your Interview

  • Proof of Slovenian citizenship or residency in Slovenia
  • Proof of COVID Vaccination or an exception noted on our Visa page
  • A valid passport
  • DS-160 confirmation page
  • passport photo – 2”×2” (5×5 cm) against a white background and without glasses, not older than 6 months.  There are several photo studios close to the Embassy that are familiar with our passport photo requirements.
  • Notice of Action (Form I-797) from USCIS or the Receipt Number for your approved petition as it appears on your Petition for a Nonimmigrant Worker (Form I-129)
  • For “L” Visa Applicants:  If you are included on an L blanket petition, you must bring four copies of the Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, to your interview.
  • stamped, self-addressed A5 padded envelope, with €2.66 in Slovene postage stamps (two “c” class stamps) that we will use to return your passport via registered mail.  If you do not have a residence in Slovenia we can mail it to your nearest Slovenian post office, but we cannot mail it outside of Slovenia.
  • Cash (euro or dollar) for the Application Fee.  In addition, certain visa categories require a separate Issuance Fee that can be paid in either cash or with credit card.  (For issuance fees for nationals of countries other than Slovenia, see Reciprocity Schedule by Country.)

Note for “L” visa (intra-company transfer) blanket petitions: For L visa applicants who are applying based on a blanket petition (i.e. a petition that benefits multiple applicants), there is an additional fee of $500 for the principal applicant in a family.   If the petitioner employs 50 or more individuals in the United States and more than 50 percent of those individuals are in H-1B or L-1 non-immigrant status the fee is instead $4,500.00.  Note that these blanket petition fees are separate from the application fee and any issuance fees and can be paid in either cash or with credit card.

Additional Documents:  Applicants should be prepared to show evidence that they have the requisite education, skills, and experience for the work in the United States.  All visa applicants, except H-1B and L, will generally need to show proof of compelling ties to their home country to demonstrate their intent to return after their temporary stay in the United States. Examples of compelling ties include:

  • A residence abroad which you do not intend to abandon
  • Your family relationships
  • Your economic situation
  • Your long term plans

Step 4. Schedule an Interview Appointment

Again, we are interviewing Slovenian citizens and residents of Slovenia who meet the COVID vaccination rules to travel to the United States.  If you do not meet these requirements your appointment will be cancelled.  You can make an appointment online with us.  Bring the confirmation page to your appointment.  If you have urgent travel (e.g. study or business, but not tourism) and you need to travel to the U.S. before the next available appointment slot, contact us via email at LjubljanaVisa@state.gov.

If a member of your family is under the age of 14 or over age 80, that family member does not need to appear in person at the Embassy.   You can simply drop off that person’s application at the time of your own visa appointment.

Step 5. Interview at the Embassy

Bring the documents and cash stated in Step 3.

On the day of your appointment, come to the Embassy chancery at:

Prešernova 31, Ljubljana

The U.S. Embassy does not provide parking but there is paid street parking in the neighborhood.  Public bus stops are also close by.  Arrive a few minutes prior to your scheduled appointment to allow time for security screening.  Cell phones may be stored at the gatehouse during your interview but other electronics, along with large bags, are prohibited.  Only the applicant is permitted entry; contact the Embassy if you require special assistance or an interpreter if you do not speak English, Slovene or Serbo-Croatian.

When you are inside the Consular waiting room you will pay the required fees, and provide digital (ink-free) fingerprints.  During your visa interview, a consular officer will determine whether you are qualified to receive a visa, and if so, which visa category is appropriate based on your purpose of travel. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying.  The consular officer will let you know at the end of your interview if your visa is approved.  For approved visas, the passport will be returned via mail in the envelope you provided.

Case Status

You can check the status of your visa application on ceac.state.gov.

Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a consular officer. Applicants are advised of this requirement when they apply. Most administrative processing is resolved within 60 days of the visa interview. When administrative processing is required, the timing will vary based on the individual circumstances of each case.

If your visa has been denied, you may find useful information on Ineligibilities and Waivers.

After the Interview

Entering the United States

A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or a paper Form I-94, Arrival/Departure Record. Learn more about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the CBP website.

Extending Your Stay

See Extend Your Stay on the U.S. Citizenship and Immigration Services (USCIS) website to learn about requesting to extend your stay beyond the date indicated on your admission stamp or paper Form I-94.

You must depart the United States on or before the date indicated on your admission stamp or paper Form I-94, unless your request to extend your stay is approved by USCIS.  Failure to depart the United States on time may also result in you being ineligible for visas you may apply for in the future. Review Visa Denials and Ineligibilities and Waivers: Laws to learn more.

Change of Status

While in the United States, you may be able to request that U.S. Citizenship and Immigration Services (USCIS) change your nonimmigrant status to another nonimmigrant category. See Change My Nonimmigrant Status on the USCIS website to learn more.

Requesting a change of status from USCIS while you are in the United States and before your authorized stay expires does not require that you apply for a new visa. However, if you cannot remain in the United States while USCIS processes your change of status request, you must apply for a visa at a U.S. Embassy or Consulate.

Additional Information

  • The approval of a petition does not guarantee that you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa.
  • Spouse and Children –
    • With the exception of Cultural Exchange Visitor Q-1 visa applicants, your spouse and unmarried, minor children may also apply for the same visa category as you to accompany or join you. You must be able to show that you will be able to financially support your family in the United States.
    • For information about employment and study, review Temporary Workers information and Employment Authorization on the USCIS website.
  • Unless canceled or revoked, a visa is valid until its expiration date. Therefore, a valid U.S. visa in an expired passport is still valid. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States.