Foreign workers may petition for a work visa in order to find employment in the United States. The H1 and H2 visas are the most common. The H2 visa is a visa for unskilled workers and is the visa most often used for workers in farming or the construction trades. Our attorneys have had great success placing workers and aiding them in their H2 visa application. Below is a summary of H2 temporary work visas.
What is a Visa?
A Visa is simply a stamp in a passport that gives the passport holder authorization to enter the United States. The INS (Immigration and Naturalization Service) handles most matters involving visas.
What is the H2 Visa?
The H1-B and H2 visas are also commonly called "work visas" or "work permits". The H1-B is the most common work visa and relates primarily to skilled labor, primarily those with advanced degrees. U.S. employers may also petition for skilled or unskilled alien workers to meet temporary or seasonal needs in positions for which qualified U.S. workers are not available. It is important to note that both the services for which the employer requests H-2 labor approval and the employer?s need for such services must be temporary. There is currently an annual cap of 66,000 visas for H-2B workers. There is no annual cap on visas for H-2A workers. Employment opportunities in the state of Minnesota, which reflect the national trend, are abundant, so abundant that employers are seeking out the assistance of foreign workers to fill the gaps in the workplace particularly in the construction, fair and carnival workers, and machinist trades.
Our lawyers work with a number of national construction companies, fairs and carnival corporations to place H2 Visa Workers.
The Department of Labor has compiled a list of H-2B Program Certifications By Occupation for the period June 1, 1999 to May 31, 2000.
What is the Process for Applying for a H2 Visa?
The first step to hiring an H-2 worker from outside the U.S. is for the employer to apply for a temporary labor certification with the Department of Labor. These certificates are designed to assure that the admission of aliens to work in this country on a temporary basis will not adversely affect the job opportunities, wages, or working conditions of U.S. workers. The employer is required to file the labor certification with the I-129 petition. For specific procedures on filing, please visit the Department of Labor?s Employment and Training Administration.
Dependents (spouses and unmarried children under 21 years of age) of H-2 workers are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification
A single petition may cover multiple workers if:
they will perform the same services they will work in the same location they are included on the same labor certification and, they come from places that are served by the same U.S. consulate, or, if visa exempt, they will enter at the same port of entry. It is not necessary to identify requested H-2A beneficiaries by name (unless only a single worker is needed) if they are unnamed on the underlying labor certification. H-2B beneficiaries must be named unless circumstances (e.g. emergencies) make identification by name impossible. The number of unnamed beneficiaries must always be stated on the petition.
How Long is the Visa Valid?
The length of the stay on an H-2B visa is limited by the duration of the employer?s temporary need for additional workers. The maximum authorized period of stay is one year, and the visa may be extended for a total of three years.
When Should I File?
The employer is advised to file the temporary labor application at least 60-90 days but no more than 120 days before the foreign worker is needed on the job.
Maury D. Beaulier is a U.S. immigration lawyer with a national practice focusing on family based and work based immigration. Mr. Beaulier can be reached at (952) 746-2153 or on his web site at http://www.workvisalawyers.com
B VISAS: Visitor Visas for Business or Pleasure
The "visitor" visa is a nonimmigrant visa for persons desiring to enter the United States temporarily for business (B-1) and for pleasure or medical treatment (B-2).
J VISAS: Exchange Visitors
The Exchange Visitor Program is carried out under the provisions of the Mutual Educational and Cultural Exchange Act of 1961, as amended. The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. International educational and cultural exchanges are one of the most effective means of developing lasting and meaningful relationships. They provide an extremely valuable opportunity to experience the United States and our way of life. Foreign nationals come to the United States to participate in a wide variety of educational and cultural exchange programs.
I VISAS: Foreign Media, Press and Radio
A citizen of a foreign country, who wishes to enter the United States, generally must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. The type of visa you must have is defined by immigration law, and relates to the purpose of your travel. The "media (I)" visa is a nonimmigrant visa for persons desiring to enter the United States temporarily who are representatives of the foreign media traveling to the United States, engaging in their profession, having the home office in a foreign country. Some procedures and fees under immigration law, relate to policies of the travelers home country, and in turn, the U.S. follows a similar practice, which we call “reciprocity”. Procedures ...
C VISAS: Transit Visas
The "C" visa is intended for those individuals whose travel takes them through the U.S., without intending to actually enter the U.S.
E VISAS: Treaty Traders and Treaty Investors
The Immigration and Nationality Act provides nonimmigrant visa status for a national of a country with which the United States maintains a treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital.
G VISAS: Employees of International Organizations and NATO
A citizen of a foreign country, who wishes to enter the United States, generally must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. The type of visa you must have is defined by immigration law, and relates to the purpose of your travel.
A visa allows a foreign citizen to travel to a United States port-of-entry, and request permission of the U.S. immigration inspector to enter the U.S. A visa does not guarantee entry into the U.S.
H VISAS: Temporary Workers
The Immigration and Nationality Act provides several categories of nonimmigrant visas for a person who wishes to work temporarily in the United States. There are annual numerical limits on some classifications which are shown in parentheses.
A VISAS: Foreign Government or Diplomatic Visas
Diplomatic visas are used by diplomats and other government officials for travel to the United States.
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