Petitions for Temporary Workers

Employers with a temporary and immediate need for workers may apply for apply to bring workers with an H nonimmigrant visa status. There are several H Visa categories, and following discusses each of the H visa classes.

H-1B Visas for Workers in “Specialty Occupations”

Whether or not an occupation is a “specialty occupation” turns on determining if the job requires a theoretical and practical application of specialized knowledge. In addition, an applicant for an H-1B visa must have a license to practice (if required under law) a profession; hold at least a bachelor’s degree or have the equivalent experience to at least a bachelor’s degree.

H-1B visas are limited to 65,000 visas annually. The visa status remains valid for three years. It may be extended up to six years, however .

There are several requirements imposed on employers under the Immigration and Nationality Act. For instance, employers must file a Labor Condition Application with the Department of Labor, asserting they will pay workers the prevailing wage, assuring work conditions will not adversely affect U.S. workers, and confirming that no disputes exist at workplace over labor issues.

H-1C Visa Status for Registered Nurses

Due to a shortage in the field, registered nurses may obtain an H-1C visa. Such visas require the applicant to complete a nursing program which grants a nursing license on the individual. The program may be completed in the United States or in another country.

H-2A Visa Status for Temporary Agricultural Workers & H-2B Visa Status for Temporary, NON-Agricultural Workers

Many employers require seasonal workers on a temporary basis. H-2A visas are not limited in number. However, an employer must make an effort to recruit workers in the United States.