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A Visa for Temporary Work in the United States
The Immigration and Nationality Act provides an avenue for employers in the United States to request a temporary worker nonimmigrant visa from the United States Citizenship and Immigration Services (USCIS) on behalf of a foreign beneficiary. It’s crucial to grasp that temporary work visas, which allow for a limited stay in the United States for work purposes, come in various types and cater to a wide range of professions. The temporary worker visa is a short-term visa with a maximum duration of six years. Our dedicated temporary worker visas attorney is ready to guide you through the intricacies of your visa application, ensuring a smooth and efficient process.
Types of Temporary Worker Visa
The most common temporary employment visas are H-1B, H2, H-2B, H3, J-1 and L-1.
In the United States, there are two main visa categories: immigrant visas and nonimmigrant visas. A temporary work visa falls into the nonimmigrant visa category. However, a foreign citizen with temporary work status can acquire immigrant status if they meet other requirements.
For employment purposes, it’s crucial not just to be aware but to truly understand the principles of US immigration law. This knowledge will empower you to navigate the visa application process with confidence.
- The foreign workforce should not displace US citizen workers.
- The employment of foreign workers does not encourage a decrease in salaries or deteriorate the country’s working conditions.
- The duration of temporary work visas depends on the type of work to be performed by the foreign worker, as well as their education and special skills.
With extensive knowledge of business operations from their work in commercial transactions, One People Law’s Temporary Worker Visa Attorneys in Florida know the necessity of helping companies apply for temporary work visas for their international employees.
Temporary Work Visas - H Visas
The H visa is the most requested temporary work visa. It has several classifications:
H-1B
This visa covers professional and specialised occupations. The foreign worker must have particular knowledge about a profession and show a college degree or the equivalent of 4 years of college education in the US. Additionally, the filed job offer must require a college degree, and the employer must prove that no American citizen can fill the position. The H-1B visa is generally the most requested. Our temporary worker visa attorneys in Hialeah can help you find out if you meet the criteria for a specialty occupation.
H-2
The visa is for temporary foreign employees in the agriculture sector. The applicant company must prove that it could not find American workers to fill the vacancies.
H-2B
They cover temporary foreign workers who are skilled but need to be in professional labor. The applicant company must verify that these are one-time job offers. That is, it only requires the worker for a specific situation and will be different from this in the future. You can also check that the job requires a season or a period.
H-3
This work visa is offered to workers who are invited to the US as trainees or to participate in a knowledge exchange program.
As an employer, it’s important to note that all H visas require an offer of employment from you. It must be verified that the salary to be paid to the foreign employee is comparable to that of other positions in that occupation. Understanding these responsibilities will help you navigate the visa application process more effectively.
Call our Temporary Worker Visa lawyers in Hialeah and schedule a consultation. We will guide you through the process, ensuring you understand how to qualify for a temporary work visa classification by completing the correct forms and submitting them to the Department of Labor.
H Visa Limitations
Temporary class H visas have their restrictions and a particular legal framework. Before applying for a visa of this type, we recommend that you know its nuances:
- They are subject to an annual vacancy limit. The United States government determines how many visas will be granted each year, depending on the country’s economic needs. Obtaining a visa does not guarantee immediate entry to the US. That is the reason why you should consult a Temporary Worker Visa Attorneys in Fort Lauderdale. They will know what to do if you can’t enter the United States.
- Processing times are different. For example, the United States Citizenship and Immigration Services (USCIS) will process an H-1B visa for a professional faster than an H-2B visa.
- They have an extension limit. An H-1 visa can allow a total stay of no more than six years, while the H-2 can admit a foreign worker for up to three years.
- The employee must perform specific functions with only one employer. If the foreign worker wishes to change jobs, the new employer must obtain a new H visa, which covers the employee and meets all requirements.
- They need to be more flexible about changes. If the foreign worker’s employer sells her company or merges with another, you may also need to file a new request or modify the current one.
Temporary Worker Visa Application Process
Our temporary worker lawyers in Miami Gardens tell us that the application process for the H2-B program is as follows:
- Petitioner applies for DOL Temporary Employment Certification for Foreign Labor.
- The petitioner must file a Form I-129 with USCIS.
- Candidate workers who are outside the US must apply for the H-2B visa at a US embassy or consulate abroad and then apply for admission at a port of entry. To the appointment, you must bring a valid passport, a valid application number (found in the job offer) and proof of payment for the visa application.
To learn the application process in detail, consult with our team of temporary worker visa lawyers in Opa Locka.
How Long Can I Work in the US with an H2-B Visa?
The maximum period of stay is three years. After three years, H-2B visa beneficiaries must leave the US for three uninterrupted months before requesting readmission under the same type of visa.
The H-2B visa is granted for one year, although two extensions of up to one year each can be requested. The extension request must be submitted before its expiration, and workers can remain in the US during the extension process.
Workers who receive the extension do not have to apply for a new visa as long as they do not leave the United States. However, if they return to their country of origin, they must apply for a new visa before re-entering the North American country.
If you request your extension, you can consult the Temporary Worker Visa Attorneys in Opa Locka at One People Law for help with this procedure.
Requirements for Employers
An employer can take the help of a Temporary Worker Visa Attorney in Miami Gardens to guarantee the entry of its employees into the country.
To do this, the petitioner or employer must demonstrate that there are not enough American workers who are “able, willing, available and qualified to perform the temporary work.”
Employing workers under the H-2B visa must not adversely affect U.S. workers employed in similar tasks, and the work of candidate workers must be temporary. It’s always advisable to consult with our experienced Temporary Worker Visa lawyers in Fort Lauderdale if you have questions or concerns about the documentation required for your H1B visa application.
The USCIS considers a job to be temporary if:
- A petitioner argues that the need is a one-time occurrence and demonstrates that they have not previously hired workers to perform the service and will not need them in the future, that it is a permanent employment situation, or that a temporary event or short duration created the need for a temporary worker.
- The service or job for which you are seeking workers is related to an event or pattern of events of a recurring nature.
The Next Step to Obtain a Visa for Your Workers
Contact One People Law for more information about temporary work visas. Our attorneys also help employers seeking a nonimmigrant visa sponsor foreign nationals to work in the United States in temporary or seasonal non-agricultural jobs.
One People Law immigration attorneys represent employers and help the client. With our assistance, you can submit the forms required for non-immigrant workers and an application for employment status.
Reach out to us at (954) 727-5585 today. Our Orlando business visa attorneys are always available for you.
Our services are available in English, Haitian Creole, Spanish, and Portuguese.
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