The US government limits the number of certain classes of permanent and temporary foreign workers allowed to enter the country each year. This limit may adversely affect your employment decisions. To learn more about these limits and how they may impact your business, contact our firm today.
The immigration law attorneys of WHGC, are well-known for high-quality representation on behalf of multinational businesses and individuals. Immigration law is central to many employers' concerns. Given the complexity of this type of law and the impact it can have on businesses both large and small, it is important for employers to be well advised on immigration issues. For more information on employment-related immigration matters, contact a lawyer at our firm today.
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Types of Temporary Worker Visas
Temporary work visas allow foreign nationals with valuable skills and knowledge to come to the U.S. on nonimmigrant visas for temporary employment. Below is a listing of some of the types of temporary work visas available to foreign nationals. For more information on hiring temporary foreign workers, contact an immigration attorney with WHGC in Newport Beach, California, today.
H-1B: Specialty (Professional) Workers
The H-1B program allows U.S. employers to hire foreign workers to fulfill certain specialty occupations for a limited amount of time. The occupation must require some degree of theoretical or practical application of specialized knowledge. It also requires a bachelor's degree or other advanced education degree. Currently, the U.S. government limits the number of H-1B visas issued each fiscal year to 65,000.
H-1C: Nurses in Disadvantaged Areas
The H-1C program allows hospitals in underserved areas to hire foreign nurses to help offset the shortage of qualified nurses. The foreign nurses may remain at the position for up to three years. The program currently has been authorized to continue through December 2009. Should the program be allowed to expire, hospitals may seek additional foreign nurses by sponsoring them for full-time, permanent employment or by using the H-1B program for professional workers.
H-2A: Certification for Temporary or Seasonal Agricultural Work
H-2A visas can be used by agricultural employers who anticipate a shortage of U.S. workers for the upcoming season to hire foreign workers to fulfill the positions. The positions must be of a "temporary or seasonal" nature, which means the employment must be less than one year in length or during certain times of year, such as planting or harvesting season.
H-2B: Temporary Labor Certification (Non-agricultural)
The H-2B nonimmigrant program allows employers to hire foreign workers to perform temporary nonagricultural work. The Department of Labor defines this type of work as being on a "one-time, seasonal, peak load or intermittent basis." Part-time employment is not eligible - the job must be full-time for the temporary period. Currently, the cap for H-2B visas is 66,000 per year.
L-1: Intracompany Transferees
L-1 visas allow for intracompany transfers of foreign executives, managers or employees with specialized knowledge to a branch, parent, subsidiary or affiliate of the same company located in the U.S. Those applying for a L-1 visa must have been employed continuously by the company for at least one year out of the previous three years, and must work in a managerial or executive capacity, or position that requires specialized knowledge.
Speak to an Immigration Lawyer
Once an employer has determined the proper category of temporary work visa for a prospective temporary foreign worker, the process has only just begun. The employer may have to file for a labor certification with the U.S. Department of Labor and petition the U.S. Citizenship and Immigration Services office before a temporary worker can be employed. This process can be time-consuming and difficult to understand without the proper guidance. For experienced assistance in filing for temporary work visas, contact WHGC in Newport Beach, California.
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