June 24, 2022 | Uncategorized

Temporary Work Visa Breakdown

Many foreign citizens each year immigrate to the United States or come here on a temporary non-immigrant visa otherwise known as a temporary work visa.

Some that arrive in the US with non-immigrant visas get temporary worker visas if they want to enter the United States for employment purposes for a specific period of time. Since they only come here to work for the specific allotted period according to their visa they are not considered permanent immigrants or indefinite ones.

Many employers & immigrants need assistance in securing work visas and help with navigating their way through the process, which is, at times, complicated and requires substantial paperwork.

The experienced immigration attorneys at the Hall Law Office located in Hollywood, FL, can help employers and immigrants with obtaining work visas.

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Main Temporary Immigrant Worker Visa Categories

There are several categories of temporary immigrant work visas and below is a detailed list of the most common ones issued each year.

The process can be daunting to many employers and immigrants alike, which is the reason a temporary work visa attorney can offer invaluable assistance. Below are the most common categories of temporary work visas that immigrants can apply for.

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H-1B VISAS

H-1B: Person in Specialty Occupation: This type of visa is for the immigrant persons who work in a specialty occupation.

Normally, this type of position requires a higher level of education, including a college degree or its equivalent. It also includes positions such as fashion models who are of distinguished merit and ability. Or someone coming into the United States to work on an inter-governmental research and development program. Persons arriving in the US to co-produce projects administered by the United States Department of Defense are also eligible for this visa.

Employers must ensure the job position which they are employing the immigrant requires a bachelor’s or higher degree or its equivalents for the position. Additionally, the nature of the specific duties in which the employee will be working must be specialized enough that the knowledge required is related to the degree.

If granted, this visa may be valid for three years and renewable for a total number of six years. However, this visa is valid for dual intent purposes allowing the non-immigrant to obtain permanent residence status if a permanent immigrant visa becomes available.

H-2A VISAS

H-2A: Temporary Agricultural Worker: This type of visa is for immigrants coming into the United States to do temporary or seasonal agricultural type work.

Workers of a H-2A are much needed and important to the overall economy of the United States. An example of this would be Hispanic migrant workers coming into the US from Latin America to work in the field of agriculture on a temporary H-2A visa.

To qualify, the employer must:

  • Offer a job that is temporary or seasonal
  • Show there are not enough workers in the US who are able, willing, qualified, and available to do the temporary work
  • Show that employing non-immigrant workers will not negatively affect wages & working condition of US workers
  • Obtain appropriate certification from the US Department of Labor.

This visa category is limited to nationals or citizens from designated countries determined to be in the best interest of the United States for workers from that particular country to come into the United States to work, but with limited exceptions.

This visa is valid for the period of time authorized on the employer’s temporary labor certification and may be extended up to 1 year with a maximum stay of 3 years.

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H-2B VISAS

The H-2B Temporary Non-agricultural Worker is a type of visa commonly issued. That is to people coming into the United States. These persons are either in a temporary or seasonal job position that is not related to agriculture.

This is also limited to citizens of certain countries, with limited exceptions. These are citizens determined to be in the best interest of the United States.

To qualify for H-2B classification, the employer must show:

  • The job is:
    • Temporary one-time occurrence
    • Seasonal
    • Peak load need
    • Intermittent need

There are not enough workers in the US who are able, willing, qualified, and available to do the temporary work.

This visa has a 66,000 cap per fiscal year and any unused numbers in the first half. Additionally, the fiscal year will be allotted and issued to employers and nonimmigrants applying in the second fiscal year.

The period of stay is valid for the period authorized by the labor certification. Which is also renewable for a year increments up to three years. If the non-immigrant spends time outside of the US, it may interrupt the worker’s authorized stay. Which will not count toward the 3-year limit.

Employer Involvement for Temporary Work Visas

For some temporary worker visa categories, the prospective employers need to obtain a labor certificate. Even some other type of approval from the United States Department of Labor on the worker’s behalf. That is before filing the Petition for a Nonimmigrant Worker, Form I-129, with USCIS.

The prospective employer will have to review the instructions on how to complete this process. Or, they also can enlist the assistance of an Attorney to navigate their end of the process. That would be in order to obtain the labor certification required for you to legally enter the United States.

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Petition Approval Process

There are some temporary worker categories that only allow a limited number of positions for filing each year.

Before applying for a temporary worker visa at a U.S. embassy or, a consulate in your home country. Your potential employer must file a Petition for a Nonimmigrant Worker (Form I-129) on your behalf. This process is a prerequisite for your visa application.
Learn more about a Petition for a Nonimmigrant Worker (Form I-129) HERE.

Our Hollywood, FL immigration lawyers can assist in this part of the process. They can also help guide your employer to a successful outcome.

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Hall Law Office is a trusted work visa Attorney. One of the most knowledgeable and distinguished visa attorneys in Hollywood, FL.

Call for an appointment and start working in the United States.