As quoted or based on information provided by the US Department of State and/or the USCIS. Updated 2007-05-23

Working in the United States is only possible with a visa - regardless of how long or short you stay.

To receive a work visa, a U.S. employer has to file a petition for a work permit for you in the U.S. After the petition has been approved you can apply for a visa. The U.S. Embassies and Consulates do NOT provide information on job opportunities in the U.S.

U.S. immigration laws prohibit you from taking a summer job, accepting an internship or au pair position if you do not have the proper visa. You may not enter the United States on a tourist visa and then search for a place to work or do an internship. You must apply for the necessary visa in Germany.

Subcategories of Work Visas (P Visas)

The Immigration and Nationality Act provides several categories of nonimmigrant visas for a person who wishes to work temporarily in the United States. There are annual numerical limits on some classifications.

• P-1 classification applies to individual or team athletes, or members of an entertainment group that are internationally recognized;
• P-2 classification applies to artists or entertainers who will perform under a reciprocal exchange program;
• P-3 classification applies to artists or entertainers who perform under a program that is culturally unique (same as P-1); and

Prerequisites for an P Visa

In order to be considered as a nonimmigrant under the above classifications the applicant's prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS). Once approved, the employer or agent is sent a notice of approval, Form I-797. It should be noted that the approval of a petition does not guarantee visa issuance to an applicant found to be ineligible under provisions of the Immigration and Nationality Act.

Waiver of Ineligibility of Work Visas

The nonimmigrant visa application Form DS-156 lists classes of persons who are ineligible under U.S. law to receive visas. In some instances an applicant who is ineligible, but who is otherwise properly classifiable as a temporary worker, may apply for a waiver of ineligibility and be issued a visa if the waiver is approved.

How to Apply for an P Visa

Applicants for temporary work visas should generally apply at the American Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence.

Required Documentation for P Visa Applicatants

Each applicant for a temporary worker visa must submit:

• a passport valid for at least the applicant's intended period of stay in the United States;
  (Note: for certain other nationalities, the passport must be valid 6 months beyond the departure date);
• a DS-156 Electronic Visa Application Form (EVAF) for each applicant, regardless of age, completed online at http://evisaforms.state.gov, and signed by the applicant.
• ale applicants between the ages of 16-45 must fully complete supplemental form DS-157;
• one recent photograph for each applicant, including children;
• evidence of your intention to leave the USA after a temporary stay;
• a notice of approval, Form I-797 (original); and
• visa payment confirmation: evidence of having paid the non-refundable visa processing fee for each application.
• a self-addressed, stamped envelope large enough for your passport and all submitted documents (regular mail, please).

Additional Documentation for P Visa Applicants

Applicants may also need to show proof of binding ties to a residence outside the United States which they have no intention of abandoning. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.

No Guarantee of Entry

Applicants should be aware that a visa does not guarantee entry into the United States. The Bureau of Customs and Border Protection has authority to deny admission. Also, the period for which the bearer of a temporary work visa is authorized to remain in the United States is determined by the Bureau of Customs and Border Protection, not the consular officer. At the port of entry, a Bureau of Customs and Border Protection official must authorize the traveler's admission to the U.S. At that time the Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is validated. Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the United States Citizenship and Immigration Service to request Form I-539, Extension of Stay. The decision to grant or deny a request for extension of stay is made solely by the United States Citizenship and Immigration Service.

Additional Information about P Visas

Family Members of P Visa Holders

The spouse and unmarried, minor children of an applicant under any of the above classifications may also be classified as nonimmigrants in order to accompany or join the principal applicant. A person who has received a P visa as the spouse or child of a temporary worker may not accept employment in the United States. The principal applicant must be able to show that he or she will be able to support his or her family in the United States.

Time Limits for P Visa Holders

All of the above classifications have fixed time limits in which the alien may perform services in the United States. In some cases U.S. Citizenship and Immigration Services (USCIS) may extend those time limits in order to permit the completion of the services. Thereafter, the alien must remain abroad for a fixed period of time before being readmitted as a temporary worker under any classification. The USCIS will notify the petitioner on Form I-797 whenever a visa petition, an extension of a visa petition, or an extension of stay is approved under any of the above classifications. The beneficiary may use form I-797 (original) to apply for a new or revalidated visa during the validity period of the petition. The approval of a permanent labor certification or the filing of a preference petition for an alien may be a basis for denying a P visa.

Further Inquiries

Questions about petitioning procedures, qualifications for various classifications, and conditions and limitations on employment should be made by the prospective employer or agent in the United States to the nearest U.S. Citizenship and Immigration Services (USCIS) office.

Questions on visa application procedures should be directed to our Visa Information Service the United States Embassy or Consulate near you.