H Visas for Temporary Workers in Specialty and Non-Specialty Occupations

H-1B Temporary Visa for Specialized Occupations Requirements

To qualify for an H-1B visa, you must be part of what immigration law calls a “Specialty Occupation.” There is no single list of Specialty Occupations. Some jobs – like engineering or accounting – clearly meet this requirement. Other jobs require more arguments from a skilled business immigration lawyer.

The H-1B visa requires a relationship between U.S. employer and employee wherein the U.S. employer will offer a job in a Specialty Occupation related to employee’s field of study. The employee must have at least a bachelor’s degree in the field. The employer must also be willing to hire the employee at the prevailing wage for the same type work in the employer’s geographic area.

How do I apply for an H-1B Visa?

To apply for an H1-B visa, first, a U.S. employer must to file a Labor Condition Application (LCA) with the Department of Labor (DOL). The employer will also need to prove the employee will be paid the appropriate wage for the job.

Next, the employer files a Form I-129 Petition with U.S. Citizenship and Immigration Services (USCIS). Once USCIS approves the I-129 Petition, the employee will continue with consular processing by filing a DS-160 at a U.S. Consulate abroad.

How long can I stay in the United States with an H-1B Visa?

The H-1B Visa is valid for 3 years and renewable for 3 more, but there are some exceptions allowing for further extensions. The lawyers in our business immigration firm in Atlanta can help you maximize your H-1B Visa.

Can I get a Green Card based on my H-1B Visa?

You may or may not be able to get a Green Card based on having an H-1B visa. The H-1B Visa does not lead to permanent resident status in the U.S., but our Atlanta business immigration attorneys can evaluate your case to look for other ways you may be allowed to stay in the U.S. on some other basis. While visas with similar requirements to the H-1B visa can lead to permanent residence, immigration officials scrutinize to keep applicants from trying to turn the temporary H-1B Visa into a permanent benefit. Our business immigration firm can advise you on your options.

Can my family come to the U.S. with me on my H-1B Visa?

Yes, your family can come to the United Staes with you based on your H-1B visa. Spouses and unmarried children under 21 can come with an H-1B non-immigrant. The spouse and children of the H-1B non-immigrant receive H-4 Visas, which allow them to come to the U.S., but not to work.

There is an exception to this rule which would allow a spouse of an H-1B non-immigrant to receive employment authorization (an unrestricted work permit) if the H-1B non-immigrant has already started the process of seeking employment-based lawful permanent resident status. This includes a spouse of an H-1B non-immigrant who is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker, or certain H1-B non-immigrants who had been granted H1-B status under the American Competitiveness in the Twenty-first Century Act of 2000.

Am I eligible for an H-1B Visa?

When you schedule an appointment with one of our Atlanta business immigration attorneys, we will evaluate your case thoroughly and advise you step-by-step in your process. We will tell you whether an H-1B Visa or some other benefit is best for you.

H-2B Temporary Visa for Non-Agricultural Workers Requirements

The H-2B Visa allows workers to come to the United States for seasonal or temporary work when an employer cannot find enough qualified U.S. workers. An applicant must have a job offer from a U.S. employer and must belong to a participating country. The employee must also have the correct background for the offered job. Applicants for the H-2B need not have a specialized degree or occupation, though.

While the requirements for the H-2B Visa are different from those for the H-1B, the application process is no easier. Our business immigration attorneys in Atlanta can evaluate your case and guide you through the H-2B application process.

How do I apply for an H-2B Visa?

First, an employer must confirm the offered wage is appropriate for the position. Doing so requires a Prevailing Wage Determination (PWD). Next, the employer must go through a recruitment process in the U.S. The employer must then apply for a temporary Labor Certification with the Department of Labor.

The employer may then apply for the employee with USCIS on the Form I-129 Petition. Once Form I-129 is approved, the employee will complete consular processing by filing a Form DS-160 at a U.S. Consulate abroad.

How long can I stay in the U.S. with an H-2B Visa?

The length of stay allowed with an H-2B visa depends on the job. The Department of Labor approves each labor certification for a specified period of time. The visa is generally issued for the same period as the labor certification, which is usually less than a year, but which may sometimes be extended up to 3 years.

Can my family come to the U.S. based on my H-2B Visa?

Yes, your family can come to the United States based on your H-2B visa but we suggest consulting a business immigration attorney first. Your spouse and unmarried children under 21 can obtain visas in the H-4 category based on your H-2B Visa. Bringing family members to the U.S. is less popular with this nonimmigrant visa because applicants must prove they plan to leave the U.S. at the end of their permitted periods of stay. Bringing family can raise additional questions in an application.

What kind of jobs are performed with a H-2B Visa?

H-2B workers perform various types of work and are most often employed in the following areas: hospitality, hotels, motels, resorts, ticket sales, cruise ships, construction workers, maintenance, janitorial, ski resorts, landscaping, golf courses, water parks, security, ride operators, restaurants and bars, warehouse, retail stores and others.

Can I get a Green Card based on an H-2B Visa?

While you can not obtain a Green Card based solely on acquiring an H-2B visa, there may be some other benefit you qualify for that could allow you to obtain permanent residence in the U.S.