Temporary worker visa: Do you qualify?

On Behalf of | Mar 24, 2020 | Employment Immigration

If you’re interested in coming to the United States for employment purposes, it’s important to have a clear idea of your work arrangement. For example, if you’re interested in a temporary worker visa, it’s different than if you have plans of securing permanent employment.

As the name suggests, a temporary worker visa is for someone who plans on staying in the United States for a limited period of time. You can pursue some types of temporary worker visas yourself, while others require a petition filed by your potential employer.

The H type temporary worker visa

The most common temporary worker visa is the H type, which includes three categories:

  • H-1A: Designated for registered nurses and comes into play when there is a shortage of professionals in this industry.
  • H-1B: Designated for professional occupations and has several specific requirements, such as the ability to demonstrate specialized knowledge. This typically entails a minimum of a bachelor’s or 4-year college degree. Also, the position that you’re applying for must require a bachelor’s degree.
  • H-2: Primarily for agriculture workers, however, it’s also used for other areas in which there is an insufficient number of workers in the United States.

Regardless of the type, you must have an offer of employment.

What could go wrong?

Even if you meet the eligibility requirements of a particular H type visa, there are some limitations that could stand in your way.

The biggest concern is the numerical limitation imposed by the United States government. For example, if the annual limit of visas has already been met, you may have to wait until a later date to enter the country.

Also, your potential employer is required to file a petition with the Department of Labor before you can apply for any type of temporary visa. Should they drag their feet in doing so, it slows down the application and approval process.

If you have interest in a temporary worker visa, pinpoint the type that best suits your situation and then work with the employer to put the wheels in motion. When you understand your legal rights and how the process works, there’s a better chance of securing a visa.



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