How can an application for extension of temporary stay be made?  Mexican citizens must have their employers renew their labor certification and file another      I-129 with their regional INS office in order to extend their stay.

More information on NAFTA for eligible Canadian or Mexican work professionals can be found at http://uscis.gov/graphics/shared/lawenfor/bmgmt/inspect/nafta2.htm

6.      H-2B VISA.  The H-2B visa enables U.S. businesses and agents to fill temporary needs for nonimmigrant workers. Many individuals unable to obtain an O or P Visa may apply for this visa. However, medical graduates are not allowed to apply for this visa. The visa is not self-petitioned, which means you will need an employer to sponsor you. 

The principal requirements of an H-2B visa are:

·         An approved temporary labor certification from the U.S. Department of Labor.

·         Proof of your qualifications for the position.

·         A letter detailing the nature of the position.

·         Proof of the temporary nature of the position.

·         A letter detailing the nature of the temporary need for foreign workers.

To apply for an H-2B visa:

·         Apply for a Temporary Labor Certification from the U.S. Department of Labor (DOL). You must meet all requirements of the DOL, and you must prove that there are no U.S. workers available for the proposed position.

·         The employer must then attempt to recruit eligible U.S. individuals for the proposed positions.

·         Once it is determined no suitable recruits are available in the U.S., the DOL will send the employer labor certification.

·         The employer may then petition INS for your H-2B Visa. After approval of this petition, you may apply at the consulate in your home nations

More information on the H-2B visa can be obtained at the U.S. Department of Labor Website at http://www.dol.gov.

7.      H-3 TRAINEE WORK VISA.  The U.S. issues H-3 Temporary Trainee Visas to foreign nationals desiring to enter the U.S. for on-the-job training provided by an American company.  H-3 Temporary Trainee Visa holders can only work for the company that is providing the training, and employment should only play a minor role in the program.  The main objective should be the training, not actual work.  H-3 Temporary Trainee Visas are usually issued for the duration of the training program (up to 2 years). Extensions may be granted, but within the 2-year limit.

The following programs qualify for H-3 Temporary Trainee Visas:

·         Agriculture

·         Technology

·         Finance

·         Communications

·         Government

·         Most other fields, except for medical training programs.

There are other restrictions, including that the training program is not available in the applicant's home country, and that the training will benefit the applicant in pursuing a career and obtaining employment in applicant's home country.  There is no annual cap on the number of H-3 Temporary

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