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Nonimmigrant Visa: Temporary Employment & Business

Overview

The U.S. Consulate General, Hamilton, Bermuda can only accept visa appointment requests from Bermudians,  Bermuda residents, or individuals physically present in our consular district.  The provisions of 22 CFR 41.101(a) preclude acceptance or processing of a regular non immigrant visa application when the applicant is neither resident of nor physically present in this consular district at the time of application, including completion and submission of the DS-160.   

To be able to work in the United States, you must either be in possession of a specific work-related visa or a work authorization document.

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence.  Temporary worker 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.  Work-related visas require the prospective employer to first file a petition (I-129) with USCIS; if the petition is approved you will receive the Notice of Approval (Form I-797).

See the Department of State’s Temporary Work Visas website for additional information.

Treaty Trader/Treaty Investor Visa (E1 or E2) – Please note: There is no treaty with trader/investor provisions in effect between Bermuda and the United States.  While such a treaty exists between the United States and the United Kingdom, it only applies to UK nationals resident in the United Kingdom (the British Isles [except the Republic of Ireland], the Channel Islands and Gibraltar).  Individuals having the nationality of members of the Commonwealth other than the United Kingdom do not qualify for treaty trader or treaty investor status under this treaty.  For information on how to apply for E 1 or E2 visa in the United Kingdom, please click here.

How to Apply

The U.S. Consulate General, Hamilton, Bermuda can only accept visa appointment requests from Bermudians,  Bermuda residents or individuals physically present in our consular district.  The provisions of 22 CFR 41.101(a) preclude acceptance or processing of a regular non immigrant visa application when the applicant is neither resident of nor physically present in this consular district at the time of application, including completion and submission of the DS-160.   

Please note, we are not accepting out of district visa appointments at this time. 

If your employment-based petition has been approved and you are in possession of the Notice of Approval (Form I-797) and we are able to process your visa application, then you must scan and email to us your I-797 (or I-129) and all supporting documents to HamiltonConsulate@state.gov.  Once the review and processing of the submitted documents has been completed, we will contact you with instructions regarding your appointment.

Please note – Some temporary worker categories are limited in total number of petitions which can be approved on a yearly basis.  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.

  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.
  2. Complete the 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.
  3. Collect any Supporting Documents -You will need a valid passport, the DS-160 confirmation page (with the uploaded 2 x 2 inch color photo not older than 6 months, on a light or white background).

    You will also need:

    • copy of the I-797 (or I-129) – Notice of Approval from U.S. Citizenship & Immigration Service (USCIS).
    • copy of the current work visa in the passport.
    • current employment contract
    • current contact information with a valid e-mail address and telephone number(s)

    L Visa Applicants – If you are included in an L blanket petition, you must bring Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, to your interview.

    All visa applicants, except H-1B and L, will generally need to show proof of compelling ties to your home country to demonstrate your intent to return after your 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
  4. Schedule an Interview Appointment – Click here to book your appointmentPlease make note of your appointment day and time; we are unable to confirm your appointment details.  If you miss your appointment, you will be responsible for rescheduling a new appointment.

    If you have urgent travel and there are no available appointments that coincide with your desired travel date, please book the next available appointment.  After booking the next available appointment, email us at HamiltonConsulate@state.gov outlining the need for an expedited appointment.  Please attach a copy of your DS-160 to the email and include the date you would like to travel.  If the circumstances warrant, we will do our best to accommodate your request.  If we are not able to accommodate your request and you do not see any appointment availabilities, please continue to monitor the appointment schedule as appointments will become available if other applicants cancel as well as when we add additional appointments.

    The following is a list of circumstances that may be considered for expedited appointments:

    • an immediate relative’s death, grave illness, or life threatening accident requiring travel to or via the United States.  Please include the name, relationship place and description of the situation, and contact information for the attending physician or funeral home;
    • urgent medical treatment for the applicant, family member, or their minor child;
    • urgent travel to resume employment or studies in the United States.
  5. Submit Your Passport and Visa Application Forms – Submit the below items via email to the Consulate one week before your scheduled interview date:
    • copy of the I-797 (or I-129) – Notice of Approval from U.S. Citizenship & Immigration Service (USCIS);
    • copy of the current work visa in the passport;
    • current employment contract;
    • DS-160 confirmation sheet (if not already sent).

    L Visa Applicants – If you are included in an L blanket petition, you must bring Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, to your interview.

  6. Pay the MRV Fee – Payment for visa applications is CASH ONLY, with U.S. or Bermudian currency, or a combination of both, acceptable.  Please consult the Department of State’s Fees for Visa Services website and be prepared to pay the appropriate fee, in cash, for the visa you are applying for on the day of your visa interview.  Nonimmigrant visa applicants from certain countries may be required to also pay a reciprocity fee at the time of their visa interview which can be paid by cash or credit card.Other Fees:
    • L visa fraud prevention and detection fee – for visa applicant included in L blanket petition (principal applicant only): $500.00
    • The Consolidated Appropriations Act of 2016 (Public Law 114-113) increases fees for certain H-1B and L-1 petitioners.  Consular sections collect this fee for blanket L-1 visa applications (principal applicant only) filed by petitioners who employ 50 or more individuals in the United States if more than 50 percent of those individuals are in H-1B or L-1 nonimmigrant status: $4,500.00.
  7. Interview for your visa with the Consular Officer – 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.Ink-free, digital fingerprint scans will be taken as part of your application process.
  8. Pay a Reciprocity Fee – If your visa is approved, you may also have to pay a reciprocity fee, depending on which country you are from.
  9. Return to Collect Your Passport and Visa – If you are issued the visa, you will be given a date and time to collect your passport.

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 on Travel.State.gov.

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.