TEMPORARY WORKERS and TRAINEES

H-1 & H-2 : For temporary workers.

H-1B : For persons who engage in specialty occupations, fashion models of distinguished merit and ability, or persons providing service related to the Department of Defense.

  • They do not need to establish that they have a foreign residence.
  • They are not prejudiced if they are pursuing permanent residency.
  • Those sponsored by educational institutions are not subject to any numerical cap and are not requierd to pay the normal processing fee.

REQUIREMENTS : Certification of a Labor Condition Application (LCA) from the Department of Labor. Requires the employer to state in writing that:

  • Employer will pay a wage that is no less than thewage paid to similarly qualified workers or, if greater, the prevailing wage for the position in the geographic area.
  • Employer will provide working conditions that will not adversely affect other similarly employed workers.
  • There is no strike or locout at the place of business.
  • And notice of the DOL filing has been given to the bargaining representative or has been posted at the business.

The labor certification is valid only as long as the aline continues to work (1) for the same ployer; (2) at the same location; and (3) doing the same job. Therefore, any promotions or significant changes in job duties or location before legal permanent residence is obtained can invalidate the labor certification, thus making the applicant ineligible.

The holder of a temporary worker visa may be admitted for a period up to three years, though extensions generally go up to six years, and

    • where the H-1B is the beneficiary of an immigrant labor certification application or employment based immigrant petition that has been pending for more than 365 days prior to the end of the six years;
    • or if the beneficiary is unable to obtain permanent residency due to quota restrictions;
       
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H-1C : For professional nurses working in a health care professional shortage area (though only available through the end of 2007).

H-2A and H-2B: For persons coming to the U.S. to perform temporary labor. the employer must demonstrate that there are no U.S. workers available who are capable of performing the work. These visas are restricted to an annual quota of 66,000 visas for non-agriculatural work of a tmeporary or seasonal nature:

  • Labor Certification is required.
  • The application requires notice of the position for 60 to 120 days in the form of advertising, consultation with labor unions where applicable, and documentation to show that there has been an attempt to recruit U.S. workers.

H-3: For individuals who are receiving instruction or training in any field of endeavor, such as agriculture, comerce, communications, finance, government, transportation, or the professions, as well as training in any field of endeavor...with the exception of medical training or education that falls within the J visa.

I Visas: for representatives of foreign media. Inlcudes those working in the information, documentary, or educational programming fields. I visas may be issued to representatives from independent production companies who hold a credential issued by a professional journalism association; however, does I visas do not apply to those working in the entertainiment programming or commercial film fields.

 

L-1 : For intra-company transferees, and does not preclude the holder from seeking Legal Permanent Residence (LPR).

L-2 : Spouse and children of a L-1 visa holder, L-2 visa holders are permitted to work.

 

O-1A : For someone who has demonstrated extraordinary abilities in the sciences, arts, education, business, or athletics.

O-1B : For those in motion picture or TV production who have a record of extraordinary achievement.

O-2 : For persons who acocmpany and asist O-1 holders.

O-3 : For spouse and children of the O-1 / O-2 holders.

 

P-1 : For internationally recognized athletes or an athlete who is part of an internationally recognized group.

P-1B : For a person who performs with, or is an integral part of, an entertainment group that has been internationally recognized as being outstanding entertainers.

P-2 : For a person performing as part of a group, or individually, or as an integral part of the performance, and is entering temporarily and solely to perform under a reciprocal exchange program.

P-3 : For a person entering as part of a "culturally unique program," and does not need to be sponsored by an educaitonal, cultural, or government agency.

P-4 : For spouse and children of a P-1/P-2/P-3 visa holder - a P-4 visa holder may not work.

 

Q-1: For a person who is participaing in an international cultural exchange program that has been approved for the purpose of providing employment, practical training, and the sharing of history, culture, and traditions of the entrant's country of nationality.

  • The applicant/holder must have a foreign residence.
  • The holder must be employed under the same wages and conditions as U.S. workers.
  • Limited to 15 months. After 15 months the recipient cannot be readmitted to the U.S. until he or she has been physically outside of the U.S. for at least one year.

Q-2 : For persons who are 35 years old or younger from Northern Ireland or other specificed regions in Ireland.

  • Limited to 4,000 per year.
  • The Q-2 visa holder may not stay in the U.S. longer than 3 years.

R-1: Religious workers - must be a member of a religious denomination that has bona fide nonprofit religious status in the U.S. for a minimum of two years before the filing of the application.

TN Visas: For nationals of Canada or Mexico admitted under NAFTA who seek temporary entry as a business person to engage in business activities at a professional level.