H-2A Visa for Temporary Agricultural Workers

As we discussed in earlier posts, the H visa has many different sub-types for different types of workers. H-visas allow individuals to legally work in the United States under various conditions. The H-2A visa is specifically for temporary agricultural workers. This program allows agricultural employers like farms who anticipate a shortage of domestic workers to bring people from other countries to the United States to do agricultural labor on a temporary or seasonal basis. Employment is seasonal, meaning it is tied to a certain part of the year, such as during certain growing cycles that might require more labor.  Since positions tend to be temporary, the positions usually do not last longer than 1 year. In order to qualify for this type of visa, the agricultural employer must show that there are not “sufficient, able, willing, and qualified U.S. workers available”(USDOL) to do the agricultural work. The employer must also prove that the H-2A workers they are requesting to bring will not adversely affect the pay and working conditions of U.S. workers. In order to apply for this visa, a job offer using ETA Form 790 must be filed with the State Workforce Agency in the region where the employment will be. The employer must file this form 60-75 days before they need the workers to start. There is also a second application that includes ETA Form 9142A as well as the accepted Job Order or ETA Form 790. This packet includes evidence and attachments with supporting documentation from the agricultural employer. If you believe that you need help putting together this packet, don’t hesitate to contact our office...

The L Visa for IntraCompany Transfers

Do you work for a large company with locations worldwide and within the United States? If so, you may be eligible for an L visa. An L visa allows large companies to send their workers to locations within the United States for specific work opportunities. Not everyone qualifies for an L Visa though, so you need to go through the requirements first before talking to your employer about this type of visa. Are you a manager, executive, or a worker with specialized knowledge or specialized skills? This is the first question you must answer before you can start to think seriously about the L visa. The L-1A nonimmigrant visa allows U.S. employers to transfer executives or managers from one of the foreign offices to one of its offices located in the United States. This type of visa also enables foreign companies that do not currently have a U.S. office to send an executive or manger to the U.S.A. to help establish an American office or location. The employer must file the form I-129 “Petition for a Nonimmigrant Worker” to start the process for sponsoring an employee on the L visa. If you have a family and you want them to accompany you to the United States during your stay, luckily there is an L-2 visa that allows for this! The L-2 Visa will allow you to bring your spouse and your  children under the age of 21 to live with you while you are working for your company and doing business in the United States. The L visa process is lengthy and requires a great deal of documentation. You...

Becoming an Au Pair in the United States

Do you love spending time with children? Becoming an Au Pair is a great way to spend time in the United States while helping a family with raising their children. Many people have heard about great experiences being an au pair, but there are a few things you should know about the proper visas and making sure that all of your paperwork is done correctly. Young people from all over the world can have a fulfilling experience being an au pair in the United States. People from almost any country can apply for this type of job, but people from certain countries that do not hold diplomatic relations with the United States are not able to become employed as an Au Pair in America. The first step to becoming an Au Pair is to find an agency that will act as your sponsor and help to place you with a family. It is important to research the agency first because you want to make sure that the agency you are using is legitimate. The minimum stay as an Au Pair on a J-Visa is 12 months, so becoming an au pair requires a lengthy time commitment. The Au Pair agency will conduct background checks and interviews, and also typically requires personal references and medical certifications that you are physically able to hold this job. All of these steps must take place before you even get to the embassy for your visa interview. As an Au Pair you will enter the United States on a J-1 Visa, with the minimum stay of 12 months, and options to extend your stay...

What is an H Visa?

With political season being in full swing, and candidates voicing their opinions on changes to immigration law, many people may find themselves curious about some of the topics coming up. One area of interest is the H-Visa, which is being hotly debated by politicians across the country. This post will explore a some facts about H-Visas, who qualifies for them, and how they work. The H visa everyone is talking about on the news is the H-1B non-immigrant visa that allows U.S. companies to employ foreign workers with special skills in specialty occupations. There are only 65,000 H-1B visas offered per year, as set by Congress. The kinds of job done on H-1B visas require special theoretical or technical expertise in specialized fields, such as: math, science, engineering, architecture, and medicine. Under this type of visa, the U.S. company may employ the worker for 6 years. Individuals cannot apply for an H-1B visa on their own. The U.S. employer must sponsor the potential employee in the visa application. The eligibility for an H-1B visa is somewhat complicated, and will be covered in another blog post. But here are the basics: The H-1B visa is used for specialty occupations, so the job itself must meet one of the criteria below to qualify: Have a minimum entry requirement of a Bachelor’s or higher degree or its equivalent. The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree. The employer normally requires a degree or its equivalent for the position. The...

The F Visa

The F Visa, known also as a Student Visa, is the most common type of visa used for people who want to study in the United States. On an F Visa, you are able to study in the United States at universities or colleges, high Schools, private elementary schools, seminaries, conservatories, language training programs, as well as some vocational programs. When you obtain your F visa, it is important to know that you can no longer travel on the Visa Waiver Program or on a B visa, also known as a visitor visa. You must enter the United States using your F visa. Before you can actually apply for your F Visa, you must be accepted at a school that is approved by the SEVP, which is the Student and Exchange Visitor Program. Once the school in the United States accepts you, then you will enroll in the Student and Exchange Visitor Information System, also known as SEVIS. It is very important to make sure that your information stays current and up to date in SEVIS, especially if you change schools or move to a new address. The next step is getting your I-20 document from the school that you will need to present to the consular officers when you attend your interview. If you have family and children who will be traveling with you, each person must obtain their own individual Form I-20. If you have any questions about the Form DS-160, the SEVIS I-901, or any other part of the process, contact this office. We are happy to...

I-360 Green Card Petition for Special Immigrants

The I-360 Petition is for foreign nationals to begin the Green Card application as a “Special Immigrant,” who falls in to a special category. The Violence Against Women Act (VAWA) is very well known in relation to the I-360, because battered and abused spouses can readjust their status and gain permanent residence through this process. There are many people who can use the I-360 to adjust their status, so this process is not solely used for victims of domestic abuse. Some of the other people who may qualify include: workers for recognized religious organizations foreign medical graduates who have lived in the United States for a long time longtime U.S. government employees certain retired officers of employees of international organizations who lived in the U.S. a long time juveniles dependent on U.S. courts people who served honorably, on active U.S. military duty, for 12 years or more after October 15, 1978 Panama Canal Treaty employees NATO civilian employees, and people coming to work in the U.S. as broadcasters for the International Broadcasting Bureau. Afghani or Iraqi nationals who supported the U.S. Armed Forces as a translator Iraqi nationals who worked for or on behalf of the U.S. government in Iraq Afghan nationals who worked for or on behalf of the U.S. government in Afghanistan. Each category has its own specific requirements regarding what the forms require and what documentation you must present. The I-360 petition is different than many other petitions. Most people are familiar with the Violence Against Women Act option to file under this type of petition, but there are many other people who can use the...