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Employment Visa USA

The non-immigrant visa classification covers a broad range of visas used to enter the United States for work, pleasure or study. You can apply for employment visa USA through an employment Immigration Attorney. Some visas are considered ‘dual status’; you may attempt to obtain permanent residency (a green card) while under that classification. Most non-immigrant visas, however, require you establish non-immigrant intent. This means you should demonstrate that you have a permanent residence in your home country that you have no intention of abandoning. The duration of time you may spend in the U.S. can range from a few days to several years, depending on the visa. In most situations, your spouse and unmarried children under the age of 21 may accompany you on a derivative visa.

Business Visa

H-2B Visa

H-2B
(Temporary Non-Agricultural Workers)
  • H2B is a non-immigrant work visa petitioned by an employer.
  • H-2B visa is for any types of non-agricultural, skilled, unskilled, professional or non professional jobs.
  • The need for the prospective worker's services must be temporary, regardless whether the underlying job is permanent or temporary.
  • Need is considered temporary if it is a one-time occurrence up to 3 yrs, a recurring seasonal or peak-load need lasting no longer than 10 months, and an intermittent need.
  • Employer must demonstrate there are not sufficient U.S. workers who are capable of performing the temporary services.
  • Employer must show that the employment of H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers; and
  • Part time positions do not qualify for temporary labor certification.
  • It is temporary if the need is for one year or less.
H-2B Cap
  • Total Visa numbers allocated each year is 66,000. 33,000 are allocated for the 1st half of the fiscal year (October 1-March 31) and 33,000 for the 2nd half of the fiscal year (April 1 - September 30).
  • Unused numbers from the first half of the fiscal year available for use by employers seeking to hire H-2B workers during the second half of the fiscal year.
  • No "Carry over" of unused H-2B numbers from one fiscal year to the next.
  • H-2B worker who extends his/her stay in H-2B status not count again against the numerical limit.
  • Individual who changes nonimmigrant status to H-2B classification is counted against the annual H-2B cap.
  • The employer's need cannot be ongoing or continuous.
  • H-2B certification is not transferable from one employer to another.
  • Certification is issued only for a specific job opportunity, for a specific number of workers, and for a specific employment period.
What are the penalties a company can face for non-compliance?
  • A fine of $250 and $5500 for each unauthorized worker.
  • A bar from government contracts.
  • Criminal charges and imprisonment
  • Perjury charges for falsifying documents
  • For any document that is not filed properly, a fine of $100 to $1100
List of H-2B Eligible Countries
  • Argentina, Australia, Belize, Bulgaria, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Indonesia, Israel, Jamaica, Japan, Mexico, Moldova, New Zealand, Peru, Philippines, Poland, Romania, South Africa, South Korea, Turkey, Ukraine, United Kingdom
  • National from a country not on the list may only be the beneficiary of an approved H-2B petition if the Secretary of Homeland Security determines that it is in the U.S. interest.
Period of Stay
  • Generally temporary labor certification are authorized for no longer than one (1) year.
  • May be extended for qualifying employment in increments of up to one (1) year.
  • Maximum period of stay in H-2B classification is three (3) years.
  • After completing three (3) years, employee is required to depart and remain outside the United States for an uninterruped period of three (3) months before seeking readmission as an H-2B non immigrant.
  • Employers are advised to file requests for H-2B certifications no more than 120 days but at least 60 days before certification is needed.
Family of H-2B Workers
  • The spouse and unmarried children under 21 years of age (dependents) are eligible to accompany an H-2B worker.
  • Dependents are classified as H-4.
  • May not engage in employment in the United States.
  • Spouse and children of H-2B workers classified as H-4 non immigrants are not counted against the numerical limit.
Employer Required to Notify USCIS
  • Petitioners of H-2B workers must notify USCIS within 2 workdays if an H-2B worker:
  1. Fails to report to work within 5 work days of the employment start date on the H-2B petition;
  2. During the term he is an absconder and fails to report for work for a period of 5 consecutive workdays without the consent of the employer;
  3. Is terminated prior to the completion of services for which he/she was hired
  4. Completes the H-2B labor or services for which he/she was hired more than 30 days early.
Rules Regarding Payments of Fees
  • The employer, agent, facilitator, recruiter or any one providing employment services is prohibited from collecting a job placement fee or other compensation (either direct or indirect) from the employee.
  • Employer must notify USCIS within 2 workdays of the petitioner gaining knowledge of such payment or agreement.
  • Fees not prohibited are:
  1. The lesser of the fair market value or actual costs of transportation and any government-mandated passport, visa, or inspection fees
  2. The payment of such costs and fees by the H-2B worker which is not prohibited by statute or Department of Labor regulations.
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Student Visa

Hundreds of thousands of people come to the United States from around the world to study and improve their skills. Students interested in studying in the United States must be admitted to a U.S. school or university before starting the visa process. However, students should also remember that acceptance by a U.S. educational institution does not guarantee issuance of a student visa.

There are three types of student visas. For visa application instructions, forms, and more, select below.

– Academic Studies (F visa): For people who have been accepted into a program to study or conduct research at an accredited U.S. college or university.
– Non-Academic or Vocational Studies (M Visa) : For people who have been accepted into a program to study or train at a non-academic institution in the U.S.
– Academic Studies as an Exchange Visitor (J Visas) : For people who have been accepted into a program through a designated sponsoring organization to participate in an exchange visitor program in the U.S. The “J” visa is for educational and cultural exchange programs.

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Some Important Faqs Related To Employment Visa USA

An employment visa in the USA is a type of visa that allows foreign nationals to legally work in the United States. There are several different types of employment visas available depending on the nature of the work and the qualifications of the employee. Examples include H-1B visas for specialty workers, L-1 visas for intra-company transferees, and E visas for investors and traders.

Eligibility for a US work visa depends on the type of visa and the individual's qualifications and circumstances. Generally, individuals who have a job offer from a US employer, possess specialized skills or education, or have exceptional abilities may be eligible for a work visa. It is recommended to consult with a qualified immigration attorney for specific information and guidance on obtaining a US work visa.

To obtain an employment visa in the United States, you must first have a job offer from a U.S. employer who is willing to sponsor you. The employer will then need to file a petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS). If the petition is approved, you can then apply for a visa at the U.S. embassy or consulate in your home country. The type of visa you will apply for depends on the nature of the job and your qualifications. It's important to note that the process can be complex and time-consuming, so it's recommended to consult with an immigration attorney for guidance.

The processing time for a US employment visa varies depending on the type of visa and other factors. It can take anywhere from a few weeks to several months or even longer. It's best to check with the US embassy or consulate in your country for specific information on processing times.

The length of time you can stay in America with a work visa varies depending on the type of visa you have. Some visas allow you to stay for a few months, while others may allow you to stay for several years. It's best to consult with an immigration lawyer or check the specific details of your visa to determine how long you can stay.

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“Once I thought to write a history of the immigrants in America. Then I discovered that the immigrants were America.”

Oscar Handlin,
Professor Emeritus of American History,
Harvard University.

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