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You are not a U.S. citizen, permanent resident nor have a United States Visa, but would like to come to America. What are your options? Usually a person wishing to come to the U.S. who has no ties to the country must first obtain a visa. There are many different types, or classifications of visas, but specifically being discussed are H Visas, H1B, H1C, H2A, H2B, H3 and H4, to work temporarily in the United States (U.S.).
What Is a H Visa?
First, it is helpful to know what is a H Visa. H Visas are a type of employer sponsored work visas and are issued or granted by the U.S. Citizenship and Immigration Services (USCIS). They are classified as nonimmigrant or temporary. What does this mean? It means that the person to whom the petition applies is not looking to permanently work in the United States. The person’s intention is to temporarily work the U.S. and then return to his or her home country.
How Do I Get A H-1B, H-1C, H-2A, H-2B, H-3 or H-4 Visa?
H Visas apply to a situation where an employer has offered a temporary job to a foreign national; and the employer will petition, or ask the government to allow the foreign worker to come to U.S. solely to work temporarily or for a fixed period of time.
Different Types of H Visas
There are six different types of H Visas: H1B, H1C, H2A, H2B, H3 and H4. Although they are all temporary employment visas, what makes them different from another is the type of person to whom they apply.
H-1B applies to people who are considered to have a specialty occupation. Such as a lawyer, banker or accountant. This visa requires education and work experience or a combination of both.
The H-1B has three sub types or classifications: H-1B1, H-1B2, and H-1B3 (H1B1, H1B2, and H1B3). All three share the specialty occupation requirement, but are distinguished by to whom they apply.
H-1C is applicable only to registered nurses (RN). They are allowed to work in areas of the U.S. that the Department of Labor has recognized as having a professional shortage of registered nurses.
H-2A is for person coming to the United States to work as a temporary or seasonal agricultural worker in areas that the Department of Labor has recognized as having a shortage of such workers.
H-2B is reserved for non-immigrant persons who will be employed as temporary or seasonal non-agricultural worker.
H-3 visas are for individuals in need of on-the-job training that is not offered in his or her home country. This visa includes education of handicapped children but excludes medical and academic training.
H-4, if granted, allow immediate family, limited to a spouse and children under age 21, of H-1B, H-1C, H–2A, H-2B, or H-3 to enter the United States. Although spouses and children may enter the U.S. through a H-4 visa, it does not permit them to work in America.
We, at The Claro Law Firm, understand how important obtaining a visa is for the future of you and your family. Westchester County White Plains and Yonkers immigration lawyer Elisa Claro is here to provide you with personalized legal counsel. Contact us at 917-300-3334 or online to set up an appointment to discuss your situation.
Stay tuned for a full-length detailed discussion of the H-2B (H2B) visa.
