There are temporary work visas for all kinds of workers, from skilled technical workers to seasonal and agricultural workers, to summer work for college students.
One type of temporary work visa is for those individuals who have a college degree and are needed to fill a position that qualifies as a “specialty occupation.” Employers can file a petition for these individuals to receive the H-1b visa. These visas are granted for up to three years and can be renewed after that time period for an additional six years, with the potential for additional extensions if the employee is being sponsored for employment-based permanent residency. Each year, 65,000 H-1B visas are issued and an additional 20,000 are offered to those with advanced degrees from U.S. colleges and universities.
There are additional H visas that are available to temporary and seasonal workers. The H-2A category provides temporary visas for agricultural workers. To qualify for H-2A nonimmigrant classification, the petitioning employer must:
- Offer a job that is of a temporary or seasonal nature.
- Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
- Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The H-2B visa is for all other non-agricultural temporary work. To qualify for H-2B nonimmigrant classification, the petitioning employer must establish that:
- There are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
- Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
- Its need for the prospective worker’s services or labor is temporary.
The H-3 visa category allows for temporary visits to the United States to either receive training or to participate in a special education exchange visitor training program.
The process for obtaining these temporary work visas begins with the employer. Initial steps for each of the employment-based visa categories must be taken with the Department of Labor prior to filing the visa petition.
It can be difficult to know what kind of non-immigrant work visa fits your needs. In addition, it can be difficult to navigate the visa process once you have found the visa that is right for you. At Dworken and Bernstein we are here to assist you with all your visa needs, from start to finish. Contact our offices today to speak to one of our immigration attorneys.