US Work and Training Visas
H-1B Visa (Specialty Occupation):
- Practical experience along with at least a bachelor’s degree or its equivalent is required for this US working visa. The H-1B visa is also used for fashion models of distinguished merit ability.
- Initially get three (3) years a total of six (6) years under the H-1B visa.
- Cap of 65,000 H-1B visas per year (an additional 20,000 if you have a Masters degree). Exceptions apply where Cap is not counted.
- The employee must have at least a bachelor’s degree, or its equivalent in foreign studies or work experience or a combination of both. If the education was obtained abroad, or if the equivalent is obtained through work experience, the applicant must obtain an Equivalency Evaluation Report conducted by an evaluation company that is recognized by Immigration.
- You can self petition under the H-1B.
- H-4: Dependents -Wife and children(under 21 years), cannot work – No EAD; but they may attend school, will be able to get drivers license).
- May apply for Permanent Residence (Green Card) with same or different sponsoring company. No dual intent problem.
- Can work for concurrent employers under the H-1b visa(work two different H-1B jobs).
- Can work either full or part time under the H-1B visa.
H-3 Visa (Nonimmigrant Trainees or Special Education Exchange Visitors):
- The H-3 nonimmigrant visa category allows foreign nationals coming temporarily to the United States as either a:
- Trainee: to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the foreign national’s home country.
- Special Education Exchange Visitor: to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
- Multiple entry visa.
- Permitted up to 24 months inside the States under H-3/H-4 status.
- H-3 applicant can change to a different visa classification inside the States.
- An H-3 “trainee” must be invited by an individual or organization for the purpose of receiving training, in any field including but not limited to:
- Other professions (skilled or unskilled)
In order to obtain H-3 classification, a U.S. employer or organization must demonstrate that:
- The proposed training is not available in the foreign national’s own country;
- The foreign national will not engage in productive employment unless such employment is incidental and necessary to the training (permitted to earn a wage, but must be able to show you are being trained); and
- The training will benefit the beneficiary in pursuing a career outside the United States.
- Provide a detailed training plan.
A Training program may not be approved which:
- Deals in generalities with no fixed schedule, objectives or means of evaluation;
- Is incompatible with the nature of the petitioner’s business or enterprise;
- Is on behalf of a foreign national who already possess substantial training and expertise in the proposed field of training;
- Is in a field in which it is unlikely that the knowledge or skill will be used outside the United States;
- Will result in productive employment beyond that which is incidental and necessary to the training;
- Is designed to recruit and train foreign nationals for the ultimate staffing of domestic operations in the United States;
Special Education Exchange Visitor:
- There is a numerical limit (or “cap”) on the number of H-3 special education exchange visitors. No more than 50 may be approved in a fiscal year. As of March 21, 2013, USCIS has approved H-3 petitions on behalf of 5 foreign nationals for fiscal year 2013. The Law offices of Caro Kinsella had one of their clients approved under this category.
- A petition requesting an H-3 “special education exchange visitor” must be filed by a facility, which has professionally trained staff and a structured program for providing education to children with disabilities, and for providing training and hands-on experience to participants in the special education exchange visitor program.
Family of H-3 Visa Holders:
- Trainees’ spouses and children who are under the age of 21 (unmarried) may accompany them to the United States as H-4 nonimmigrants. However, H-4 nonimmigrants are not permitted to work in the United States.
- H-4 may attend school.
- H-4 spouse can change status to a different visa classification once inside the States permitting them to work.
- H-4 permitted to travel unrestricted in and out of the Sates.
H-2A Visa (Temporary Agricultural Workers):
- Worker must be coming temporarily to the U.S.; performing temporary agricultural services.
- Employer must demonstrate no U.S. worker’s being capable and available – 50% rule applies, requiring employers to hire qualified U.S. farm workers who apply for the job until 50% of the contract period has been completed.
- Employer must conduct recruitment, including through SWA job banks.
- In the event of termination by employer, must pay transportation costs back to home country.
H-2B Visa (Temporary Workers):
This visa is a great way for people who want to enter the U.S. temporarily, and engage in non-agricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence. Spouses and unmarried children under 21 years can enter the U.S. with the H-2B visa holder but they are do not have work rights in the U.S.
- The I-I-2B visa is used to staff temporary,
nonagricultural positions for which qualified
U.S. worker(s) are unavailable.
- Cap Issues: Only 33,000 H-2B workers can be approved for each 6 month period
- Maximum period of stay permitted is three (3) years.
TN STATUS IS FOR CANADIANS AND MEXICAN CITIZENS ENGAGED IN ACTIVITIES AT A PROFESSIONAL LEVEL (very similar to H-1B visa except no statutory limitation on stay and covers broader range of jobs):
- The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.
- TNs are admitted for three (3) years and can renew indefinitely.
- Employee must have at least a baccalaureate degree or appropriate credentials demonstrating status as a professional.
- Canadian citizens are not required to apply for a visa with a U.S. consulate or file a petition with USCIS. When requesting admission as TN workers at a U.S. port-of entry, however, they must provide proof of citizenship, a letter from their prospective employer detailing items such as professional capacity, purpose, length of stay, and educational qualifications. They may also need to provide credential evaluations. Following inspection by a U.S. Customs and Border Protection (CBP) Officer, an eligible Canadian citizen will be admitted as a TN nonimmigrant with a Form I-94 as evidence of such admission. A Mexican citizens seeking TN nonimmigrant classification do not need to file a petition with USCIS. However, a visa is required for Mexican citizens to enter the United States in the TN nonimmigrant classification. Therefore, Mexican citizens should apply for a TN visa directly at a U.S. consulate in Mexico.
- As with H-4 dependents of TN cannot work, but may attend school and eligible to get a driver’s license.