Employers who need the assistance of foreign workers most frequently choose to sponsor them pursuant to one or more H category visas.
These work visas permit the employment of a foreign worker who falls into one of the appropriate designations within the category.
The primary designations within the H visa category are as follows:
H-1B “specialty occupation” visas: These visas are for workers who work in occupations that generally require (1) highly specialized bodies of knowledge, and (2) the attainment of a bachelor’s degree or higher for entry into the occupation. Professions – such as the practice of law or medicine – are deemed to be “specialty occupations” by law, and Section 101(a)(32) of the Immigration and Naturalization Act specifies that the term “profession” shall include, but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers. Information technology specialists also frequently fall within a professional classification, but not always. Certain computer programmers who have only trade school preparation would not be covered under the H-1B visa umbrella.
H-1B1 visas: These visas offer special, fast track status for “specialty occupation” workers who come from Chile and Singapore.
H-1C visas: These visas are for nurses who choose to work in certain health professional shortage areas. They are limited in number and often filled quickly.
H-2A visas: These visas are for temporary agricultural workers. The job must be temporary or seasonal in nature, and the term of employment should be for one year or less.
H-2B visas: These visas are for other temporary workers. Again, the need must be temporary, and the types of workers sponsored are often within the hospitality industry. They often work on cruise ships, in restaurants, hotels or seasonal recreational programs.
H-3 visas: These are visas for work trainees who cannot find training for specific jobs within their home country. Other conditions apply and these visas can be hard to obtain.
H-4 visas: These are visas for spouses and children who wish to accompany the sponsored worker into the U.S. under any of the H category visa programs.
If you are an employer or agent of an employer with questions about the employment of foreign workers, do not hesitate to call our offices for an appointment at (847) 564-0712 and/or check out the pertinent section of our Website for more information.