H-2 & H-3 Visa

H2 Visa

H-2A Visa

The H-2A Visa is the most functional of visa categories. It fills a specific need for the US and for foreign nationals. The visa allows foreign workers entry to the US to work in agriculture. Truthfully, the visa hasn’t garnered much support in the community. Growers don’t like the limits of the visa and advocates don’t believe the laws give enough support to workers. The H-2A visa is not self-petitioned. Employers must apply on behalf of their employees. The employer can be self-employed, a partnership, corporation or agricultural association. An agent may also apply on behalf of the employer. Workers’ spouses and unmarried children under the age of 21 are allowed to join them in the US under the H-4 status. Dependents are not permitted to work, unless they personally qualify for a work visa.

Steps

The first step is to apply for a Temporary Labor Certification from the US Department of Labor (DOL). You must meet all requirements of the DOL, and you must prove that there are no US workers available for the proposed position(s). After approval of the application, you must attempt to recruit eligible US individuals for the proposed positions. After the recruitment process is complete, the DOL will subtract the number of accepted US workers from the requested amount of H-2A workers. If no US workers were able to be recruited, you will be eligible to apply for your requested amount of visas. You will then petition for the agreed amount of H-2A Visas with USCIS . After approval of this petition, foreign workers may apply to the consulate in their home nations.

Documents

The documents required for the petition process are:

  1. Form I-129/I-129H (Petition for non-immigrant worker).
  2. A copy of the approved Temporary Labor Certificate.
  3. A statement detailing the number of workers required.
  4. An application including the workers’ names and qualifications.

The documents required for the H-2A Visa are:

  1. An approved temporary labor certification.
  2. Application for Alien Employment Certification (Form ETA 750, Part A, the Offer of Employment).
  3. Agricultural and Food Processing Clearance Order (Form ETA 790).
  4. Documents that support the required forms.

H-2b visa

While only a few H-2B Visas are issued each year, the visa is nonetheless useful. The H-2B visa enables US businesses and agents to fill temporary needs for nonimmigrant workers. Many individuals unable to obtain an O or P Visa may apply for this visa. However, medical graduates are not allowed to apply for this visa. The visa is not self-petitioned, which means you will need an employer to sponsor you. Your spouse and unmarried children under the age of 21 are allowed to join you in the US under the H-4 status. Dependents are not permitted to work, unless they personally qualify for a work visa.

Steps

The first step is to apply for a Temporary Labor Certification from the US Department of Labor (DOL). You must meet all requirements of the DOL, and you must prove that there are no US workers available for the proposed position. The employer must then attempt to recruit eligible US individuals for the proposed positions. Once this recruitment process is over, the DOL will send the employer labor certification. The employer can then petition USCIS for your H-2B Visa. After approval of this petition, you may apply at the consulate in your home nations.

Documents

  1. An approved temporary labor certification.
  2. Proof of your qualifications for the position.
  3. A letter detailing the nature of the position.
  4. Proof of the temporary nature of the position.
  5. A letter detailing the nature of the temporary need for foreign workers.

H-3 Visa

The H-3 Visa is specifically designed to enable you to train in the US in almost any discipline. USCIS calls this loose classification, ‘any field of endeavor’. This includes agriculture, technology, communications and governmental leadership. This loose classification does not include people seeking graduate medical training. Nurses and medical students on vacation, however, may be eligible for the H-3 Visa. Your spouse and unmarried children under the age of 21 are allowed to join you in the US under the H-4 status. Family members are not permitted to work while in the US

Steps

The H-3 Visa is not self-petitioned An employer must petition on behalf of you, the trainee. The employer must provide certain evidence about the training, including a description of the training program, your compensation (if any) and reasons why you need the training. The employer must then submit a petition on Form I-129 with the regional USCIS center that has jurisdiction over the place where the training will be offered.

Documents

Along with the requisite nonimmigrant application documents, the H-3 Visa requires your employer provide the following:

  • Proof that this training is not available in your home country, and that this training will aid you in your career.
  • Proof that you will not engage in willful employment while in the US
  • Proof that the training is formal in nature.

 

Practice Area
 
Overview
Temporary Visas
Overview
TN Visa
H-1B Visa
H-2 & H-3 Visa
L-1 Visa
K-1/K-3 Visa
O Visa
F-1 Visa
R-1 Visa
Permanent Residence
Overview
Family-based
Employment-based (Labor Certification and Nurse/Physical Therapist sub-categories)
Steps for Employment-based Greencard Sponsorship
Priority Dates
Diversity Visa
Naturalization
Overview
J-Waivers and Advisory Opinions
Overview
Visa Waiver Program
Overview
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