Skilled Workers, Temporarily unskilled Workers, and Other Workers
One of the most common ways for people to obtain a visa to come to the United States is by being sponsored by an employer. There are several types of visas that are available to specialized workers who are experienced and / or come to work in a profession that requires at least a bachelor’s degree or its equivalent. However, skilled workers are not the only ones who can enter the United States to do the job. There are also opportunities for unskilled temporary employees and other workers to enter the country.
Different procedures apply for obtaining a visa to do different types of jobs in the United States and it is important for employers and those entering the country to understand the available options and requirements associated with obtaining entry to do the job. An experienced Monty and Ramirez immigration attorney can help employers and workers take the appropriate legal steps to make entering the country possible.
Entering the United States as a skilled, temporarily unskilled, or other worker
Under United States immigration laws, there are strict rules for when employers can sponsor workers, whether skilled or not, to enter the United States. For example, an employer may sponsor foreigners to come to work in the field of production agriculture, or to come and take a job that is offered on a seasonal basis. The number of petitions employers can file is capped each year, and the employer must, under certain circumstances, first make sure that there are no Americans available to do the job before they can sponsor immigrants to enter the country.
While foreign professionals very often enter the United States on H-1B visas, foreigners can enter the country on H-2B visas if they are entering to complete a project at one time, if they come to work intermittently or during moments of exceptionally high workload. H-2B visas are generally used in seasonal gardening, the construction industry, or in the field of seasonal hospitality. H-2B workers can also be brought in to meet the needs in the food packaging and processing, manufacturing, fishing, and commercial industries. Only 66,000 H-2B visas are issued each year in the United States, and visas are issued only after the employer has announced through the local state and federal department of labor. The H-2B visa holder is required to go home at the end of the season.
An H-2A visa allows an alien entry into the US for seasonal or seasonal agricultural work. The H-2A temporary agricultural program provides a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the US to carry out seasonal or seasonal agricultural jobs or services.
Nonimmigrant visas that are specifically designed to bring workers, and therefore those who come on these visas are allowed to work (unlike some individuals who enter on a visa because of a family petition). Since many people who come to this country need to have jobs or choose to come here specifically to provide an income for family members at home, H-1B, H-2B and H-2A visas provide important opportunities.
Employers who come to the United States to work must understand the visa requirements and must take the necessary legal steps to make temporary immigration possible. At Monty and Ramirez, we can guide you through these processes. Call us or contact us online today to find out how we can help you. At Monty and Ramirez, we know what works. ®