U.S. IMMIGRATION
WORKERS
[For a list of articles
see below]
Let’s roll up our sleeves and talk about
workers. Hello workers. What do they say,
the harder I work, the more luck I have?
We will cover 3 of the H visas here. The
H3 trainee visa, the famous H1b which is
popular among people with a 4-year degree
or equivalent, and the H2b for unskilled
temporary workers.
The H category also includes the H1A which
was for nurses which has been repealed and
is now called the H1C. We have the H1B for
department of defense employees and in certain
circumstances for fashion models, certain
doctors and specialty occupations. We will
be discussing the Specialty Occupation category
in detail. It also includes the H2A for
temporary agricultural workers.
Let’s start with the H2 category.
There are two parts to it. The H1A is for
persons involved in agricultural services
or labor. It is temporary and the employer
must show that he or she has made serious
recruitment efforts and application. Of
course, this is a temporary visa; the spouse
and children can accompany the primary beneficiary.
The second part of the H2 visa is called
H2B. This is referred to as a work visa
by many people. It is not as well known
as the H1B, for persons with a four-year
degree or equivalent, but has some uses.
It is hard to get and frankly, if you can
avoid it, do so, whether you are the employer
or employee. In order to prove that there
are no American workers available for the
position, you have to advertise it. This
is neither easy to deal with nor quick.
This case can take at least 3-5 months to
win in some cases. If you have a business,
you really need to predict your needs well
in advance if you are counting on the H2B.
The visa covers both skilled and unskilled
workers. The key to this visa is showing
the temporariness. You see, with the H1B,
you can have someone temporarily filling
a permanent position but with the H2B, the
person must temporarily fill a temporary
position; get the difference? With the H1b,
the position can be a regular permanent
one, such as an accountant’s position,
but the foreign person is filling it temporarily.
Here, a position such as accountant is not
possible as it is usually a permanent position,
but someone who is setting up a restaurant
is a person coming here for a temporary
period of time, say 6 months in a temporary
position to set up the restaurant.
In order to demonstrate temporariness,
you must have a need that is either peakload,
intermittent, seasonal or a one-time thing.
Intermittent means comes and goes. Let’s
say you are a hotel owner in a tourist area,
you need staff in July and August as you
are overly busy only during the 2 summer
months. You are starting up a restaurant
and need specific types of employees to
help you set up. You have to show that no
US workers are available, so advertise.
But don’t simply advertise. Speak
to your attorney because there are certain
requirements you must meet. 66,000 of these
are available per year and last year they
ran out.
Continued
Articles:
June 16th 2008 USCIS Announces Premium Processing
for Certain Work-Related Green Card Cases
Effect of Travel While in H1B/L-1 Status and Pending I-485
PIMS Verification Required for Certain Nonimmigrant Visas (06/26/08)
Australian Professionals can enter U.S. easily with E-3 Visa 07/08/08
DHS Issues Notice of Designation of E-Verify as System to Be Used by Federal Contractors (07/22/08)
First Preference Employment Based Immigration – Aliens of Extraordinary Ability
07/29/08
Tomorrow is the result of today's choices-
where will YOU be one year from now?
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