Workers visa
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Any foreign national who wishes to enter the USA can do it in two ways. The first one is either he should apply for a non immigrant visa for temporary stay or he should apply for an immigrant visa with intention to permanently reside in the USA. The process for workers visas in the USA is that the prospective employer will petition for the foreign national and that petition will be reviewed by USCIS and the Department of Labour USA. The workers Visa in USA are of two kinds that is
Temporary NonImmigrant worker : In Temporary Immigration Visa the employer petitions for their employees for specific work and certain period. In this kind of visa the employer has very less chance to change jobs and they have to work for the employer who has petitioned for their Visa. There are 20 types of Visa for temporary immigrant workers.
H Visas : H visas are given to both highly skilled and lesser-skilled workers. The different kind of H visas are:
H-1B visa – These visas are for the people who are professional or have a specified College degree. Persons who have relevant work experience and special expertise are also eligible for this Visa. The H-1B visa is issued primarily for 3 years. The eligibility criteria of H-1B visa are as follows:
- A job offer from an employer in the USA for a vacancy that demands speciality knowledge.
- The person who is offered employment must have proof of his bachelor’s degree.
- The employer must show that there is lack of qualified U.S applicants for the said vacancy.
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H-2A and H-2B visa – These visas are for seasonal workers with the validity of one year. H-2A visa is for agriculture work and H-2B visa is for non agriculture work.
H-3 visa – H-3 visa are for those foreigners who are seeking any training in the USA and will go for employment outside the USA.
L Visas : L visas are issued to those foreigners who are being transferred in the same company in which they work at either executive/ management level or through specialised expertise.
O visas: O visas are granted to those foreigners who have extraordinary and exceptional talent or achievement across their industry.
P visas : P visas are granted to athletes, entertainers and skilled performers for exceptional talent or achievement.
R visas : R visas are issued to foreign workers who do Religious works. Click here to get consulted with Anu Peshawaria
- Permanent Immigrant worker : The Foreign Nationals who secure permanent jobs in the USA are considered as permanent Immigrants to the USA. These foreign nationals along with their spouse and unmarried minor children are considered under the category of permanent employment-based immigrants. The total number of permanent employment based immigration is 140,000 per year. The total number of Visas are divided into five categories which are stated hereunder:
- The first category is EB-1 : It includes people with extraordinary ability in the field of arts, research, science, athletics or business management.
- The second category is EB-2 : It includes persons holding advanced degrees, or persons of exceptional abilities in the arts, science, or business.
- The third category is EB-3 : It includes foreigners both skilled and unskilled who have completed their graduation and have permanent job offers from US employers.
- The fourth category is EB-4 : It includes religious workers, employees of U.S. foreign service posts, former U.S. government employees and other classes of aliens.
- Fifth category is EB-5 : It is also known as the visa investor programme. In the EB-5 Visa category the person has to make an investment of $ 900000 or 1.8 million in a US business entity which in turn creates 10 full time jobs. USCIS designates some regional centres which manage investment based immigration projects, the EB-5 investors have the option to invest in these entities also.
We at Anu Peshawaria law firm help the foreign nationals to decide which category of Employment visa will suit them. Our experienced attorneys also help in drafting and submitting employment based petitions before USCIS.