H visas are available to foreign nationals who wish to enter and work in the United States on a temporary basis in a specialty occupation. While each type of H visa has its own conditions to be met, employers must generally petition for their employees to receive H visas. H visas are temporary in nature.
At Rifkin and Fox-Isicoff, P.A., we process H visa petitions on behalf of national employers in a timely manner to ensure prospective employees are legally allowed to work in the United States. We have extensive experience with:
H-1B visas are reserved for persons in specialty occupations, fashion models and individuals working on Department of Defense (DOD) research and development projects. For specialty occupations, the foreign national must have at least a bachelor’s degree, or equivalent, related to the field in which they work. While H-1B visas can be issued for up to three years at a time, foreign nationals are limited to a stay of six years in H-1B classifications unless certain conditions are met. Employers are responsible for the return transportation costs of H-1B visa holders whose contracts for employment are ended before their visas expire.
H-1B visas for specialty occupation workers and fashion models require labor condition certifications. No more than 65,000 H-1B visas are granted each year, though an additional 20,000 H-1B visas are given to individuals with a U.S. master’s or higher level degrees.*
H-2A visas are reserved for seasonal agricultural workers. U.S. employers are required to demonstrate a lack of available workers within the U.S. marketplace and to testify that the work is truly temporary in nature. H-2A visas are typically for a one-year period of time, but a one-year extension can be granted up to three times before the worker must return home for at least three months. He or she may then seek readmission.
H-2B visas are for temporary workers who do not perform agricultural jobs. Much as with H-2A visas, U.S. employers petitioning for H-2B visas must show the U.S. marketplace does not have viable candidates to perform this job. H2-B visas are typically for stays of no more than one year at a time and the maximum extension time is three years total. After that point in time, foreign nationals must leave the United States for at least three months before reentering the country with the intent to seek another H-2B visa.
As of 2011, the U.S. Congress has said that only 66,000 H-2B visas are available per year.*
H-3 visas are reserved for trainees and special education exchange visitors who wish to come to the United States for a limited period of time. Trainees must be invited to the country by an organization or individual who wants them to receive training for a specific industry but does not intend to employ the trainee in the United States. Trainees are allowed to stay in the country for two years with their H-3 visas.
The number of H-3 visas granted to special education exchange visitors is very limited — only 50 of these visas are granted per year.* Special education exchange visitors are allowed to stay in the country for 18 months with their H-3 visa.
Contact Rifkin and Fox-Isicoff, P.A. today
With offices in Miami, Orlando and Lima, Peru, the team members of Rifkin and Fox-Isicoff, P.A. are ideally positioned to assist temporary workers applying for nonimmigrant visas. Our law firm has the skill, attentive nature and dedication needed to successfully see your case through from the moment your consultation begins until its ultimate resolution. Reach out to our offices online, or call us at (305) 371-2777 in Miami or at (407) 425-8472 in Orlando or in Lima, Peru at 011-51-987727855.
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