H Visas – For Temporary Workers Visa

The H status category is shaped by two dynamic forces; U.S. employers seeking immediate and temporary labor and the U.S. legislature who seeks to protect wages by reducing foreign competition for U.S. jobs. The result is a complex maze of rules and regulations which seek to appease both interests.

This category is divided into 6 classes

H-1B - workers in “specialty occupations”
H-1C - registered nurses
H-2A - temporary agricultural workers
H-2B - temporary workers in other occupations
H-3 - trainees
H-4 - the spouses and children of persons in the above classes

Specialty occupations. A occupation is a specialty occupation if it requires theoretical and practical application of a highly specialized body of knowledge. Additionally, a H-1B seeker must

Obtain a license to practice the occupation if applicable
Have attained a qualifying bachelor’s degree or higher
Have attained experience equivalent to the completion of a bachelor’s degree and excelled to a position of expertise

Cap. The 1990 Immigration Act set numerical limits which were set at 65,000 in 2004 but this limit is reached within days of the fiscal year.

Advance Degree Exemption. This product of the Visa Reform Act of 2004 creates 20,000 additional H-1B visas for foreign workers with a Master’s degree or higher from a U.S. institution.

Special rules for employers. The 1990 Immigration Act required employers petitioning for a H-1B worker to file a Labor Condition Application. This application consists of assertions that the wages to be paid are equal to or exceed the prevailing average of the occupation or that US workers will not be harmed. Contrary to popular legend, there is no requirement that employers must prove they could not find U.S. workers before hiring H-1B workers. H-1B status is valid, initially, for 3 years and may be extended to a maximum of 6 years. After 6 years in the US, the holder must leave the US and spend 1 year outside the country before they can be readmitted.

H-1C for Nurses. In 1999, Congress created the H-1C classification for registered nurses coming to the U.S. to work temporarily at hospitals in communities facing a shortage of nurses. Admission of 500 nurses per year was approved. To qualify, nurses must:

have received their education in the U.S. or possess a full nursing license from the country where they received their nursing education
possess a nursing license from a US state or territory or pass a nursing examination, and
be eligible for licensure in the state where they intend to practice

H-2. The H-2 classification covers people coming to the U.S. temporarily for employment of a temporary nature and includes seasonal workers. The H-2A classification covers agricultural workers. The H-2B category is for those entering temporarily to fill temporary, nonagricultural positions and is valid for the duration of the petition to a maximum of 3 years.

H-3 status covers trainees coming to the U.S. for up to 2 years to obtain training that is not available in the nonimmigrant’s own country (with exceptions). H-3 visas also cover people coming to the US to receive training in the education of children with special disabilities.

H-4 status is for the spouse and children of nonimmigrant with H-1, H-2, or H-3 status. Holders may not accept employment in the US (with exceptions).

At Jones Fletcher, P.A., our trained New York immigration lawyers and staff are devoted to guiding you through US immigration law so contact us today to schedule a consultation.

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H Visas – For Temporary Workers Visa

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