Temporary work visas in the United States allow foreign nationals to enter the country for a limited time for employment. There are various types of visas, each designed to cover different types of jobs and professions. Among the most common are the “H” category visas, which cover many temporary occupations.
In general, temporary work visas fall under the non-immigrant classification, as they are designed for limited stays. However, although H visas are temporary, some workers may have the possibility of adjusting their immigration status in the future. For example, those with an H-1B visa could eventually apply for permanent residency if they meet the necessary requirements and their employer supports the process.
It is important to note that U.S. labor policies aim to protect the interests of American workers. Therefore, temporary work visas are based on the following principles:
• No displacement of U.S. workers: It must be demonstrated that no U.S. citizens are available to fill the position.
• No negative impact on wages or working conditions: The hiring of foreign workers should not reduce wages or harm working conditions in the U.S.
• The duration of temporary work visas varies depending on the type of work, the level of education, and the foreign worker’s skills.
H category visas are the most requested in the temporary labor field. Below are the main subcategories of these visas:
1. H-1B:Intended for specialized occupations. The worker must possess specific knowledge and a university degree or its equivalent. The job must require a university education, and the employer must demonstrate that no qualified U.S. worker was found.
2. H-2A: Intended for temporary workers in the agricultural sector. The company must prove it cannot find enough U.S. workers to fill the vacancies.
3. H-2B: This visa is for temporary non-agricultural work, which may be skilled but not professional labor. Companies must demonstrate that the need for the worker is unique, seasonal, or short-term.
4. H-3: For trainees coming to the U.S. to receive training in knowledge exchange programs. They cannot access full academic training or work in permanent positions.
Regardless of the H Visa type, a U.S. employer’s job offer is required. Specific requirements may vary depending on the H Visa subcategory, but some general requirements include:
• Job offer: A valid job offer from a U.S. employer must be available.
• Qualifications: The foreign worker must meet the educational and work experience requirements established for the position.
• Salary: The offered salary must be equal to or greater than the prevailing wage for the position in the geographic location where the work will be performed.
• Intent to leave: The foreign worker must demonstrate their intent to return to their home country at the end of the authorized employment period.
The process for applying for an H Visa generally involves the following steps:
1. Employer’s petition: The U.S. employer must file a petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. This petition must demonstrate that the job meets specific requirements, such as the need for a foreign worker, the offer of the prevailing wage, and the availability of a job position.
2. Consular interview: If the petition is approved, the foreign worker must schedule an interview at a U.S. embassy or consulate in their home country. The information provided in the petition will be verified during the interview, and a biometric interview will occur.
3. Admission to the United States: If the visa is approved, the foreign worker can travel to the United States and apply for admission as an H worker.
H visas have certain important limitations, including:
• Limited quotas: The number of visas issued is subject to an annual limit set by the U.S. government, depending on economic needs.
• Variable processing: Some visas, such as the H-1B for professionals, tend to be processed more quickly than others, such as the H-2B.
• Extension limits: The H-1B Visa allows a stay of up to six years, while the H-2A and H-2B generally limit the stay to three years.
• Changes in legislation: Immigration laws are subject to change, so it is vital to consult the latest regulations before starting the application process.
• Employment changes: An H Visa worker cannot change jobs without the new employer submitting a new H Visa application.
• Lack of flexibility in corporate changes: If the employer’s company is sold or merged, a new visa petition or modification to the existing one may be required.
In summary, H visas are a valuable option for those seeking temporary work in the United States in various labor fields, from specialized sectors to agricultural and skilled labor. However, it is crucial to understand their limitations and comply with legal requirements to avoid future problems. At Oasis Legal Group, we can assist you in this process, providing the right guidance to ensure you meet all requirements and maximize this great opportunity.
What is an H-1B visa?
The H-1B Visa allows U.S. companies to hire foreign workers in specialized occupations like engineering, medicine, or technology. The applicant must have a bachelor’s degree or equivalent in the relevant field.
What are the requirements for an H-2A Visa?
The H-2A Visa is for temporary agricultural workers. Applicants must be citizens of countries designated by the U.S., have a job offer from a U.S. farm, and demonstrate that the work is seasonal or temporary.
What is the difference between the H-2A and H-2B Visas?
The H-2A visa is for temporary agricultural workers, while the H-2B visa is for temporary non-agricultural workers, such as those in the service or tourism industries.
Can I bring my family with an H-1B Visa?
Yes, H-1B Visa holders can apply for H-4 visas for their spouses and children under 21. Dependents with H-4 visas can study in the U.S., but work authorization is not automatic.