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Temporary Worker (H - visa)

Temporary Worker (H - visa)

H-1B visa is generally set aside for foreign workers in specialty occupations and fashion models of distinguished merit and ability. The occupations refer to certain USA jobs that require the theoretical and practical application of a body of highly specialized knowledge along with a minimum of a bachelors degree or its equivalent from an accredited institution. The specialty occupations include engineering, architecture, mathematics, social sciences, physical sciences, medicine and health, business specialties, education, law, theology, accounting and the arts. The time limit for H1-B visa holders is minimum three years and maximum stay is six years.

H-1B workers do not need to maintain a foreign residence during their period of stay in the US, a requirement imposed on many other non-immigrant visa classifications. In addition, H-1B temporary workers may seek permanent residence concurrently with petitioning for or holding H-1B visa status.

H-1C is issued to an applicant coming temporarily to perform services as a registered nurse. The H-1C visa holders are required:

  • To have obtained a full and unrestricted license to practice professional nursing in the country where the alien obtained nursing education OR to have received nursing education in the United States
  • AND to have passed an appropriate examination OR to possess a full and unrestricted license under State law to practice professional nursing in the State of intended employment.

This visa is designated to provide nurses to hospitals located in health professional shortage areas.

H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the US to perform agricultural labor or services of a temporary or seasonal nature. The H-2A work visa is valid only for the temporary duration of the work period which is usually no more than 1 year.

Prior to filing an application, the employer must prepare a job offer and submit it to the State Workforce Agency (SWA) serving the area of intended employment for intrastate clearance. The H-2A visas may be granted only if a certifying officer is satisfied that there is no one to work among the US workers.

H2-B work visa is the visa given to foreign non professional workers to work in the US. These workers fall in the category of unskilled workers and should not work in the field of agriculture. The H-2B work visa is given on a temporary basis for such as jobs which are recurrent in nature based on seasons, intermittent jobs, or when the load of work is heavy or any one time occurrence.

Before the employer recruits an alien worker, he or she must confirm that they do not have any unemployed people who are qualified or willing to work in the US. Initially they advertise the job vacancy in the media and once they are sure that there is no one to work among the US workers, and then they start recruiting foreigners.

The H-2B work visa is valid only for the temporary duration of the work period which is usually no more than 10 months. But an extension is allowed up to 3 years under the supervision of the immigration authorities. Qualifying positions cover lots of areas, including hotel workers, travel agents, restaurant workers, janitors, resort workers, health care workers, construction workers, amusement park workers, landscape workers, etc. The employer has to provide prevailing wage for the alien on the visa.

H-3 visa is designated for individuals who will come to the US to participate in a non-graduate training program.

The following programs qualify for H-3 Temporary Trainee Visas: agriculture, technology, finance, communications, government, and almost any other field, except for medical training programs. There are other H-3 Trainee Visa restrictions, including that the training program must be not available in the applicant's home country and that the training will benefit the applicant in obtaining employment in the applicant's home country. H-3 visa is also given for people who train special children with physical, mental or emotional disabilities.

H-3 Alien Trainees are allowed to stay in the USA for a maximum of two years. Generally, the visa is issued for the length of the training program. If the alien trainee remains in the country for a full two years, he/she must leave the US for six months so as to obtain a new H visa.

Temporary workers can buy house or any other real estate property in USA. They can also invest money in mutual funds, US stocks, bonds etc. But, they are unable to work as self-employed or freelancers. The law also prevents them from doing contract type of work in free time.

H-4 visa is issued to dependents (spouse and minor children) of H-1/H-2/H-3 visa holder.