Skilled, Unskilled Seasonal and Other Workers

One of the most common ways for people to obtain a visa to come to the United States is to be sponsored by an employer. There are various types of visas which are available to skilled workers who have experience and/or who come to work in a profession that requires at leasta bachelors’ degree or its equivalent. However, skilled workers aren’t the only ones who can come into the United States to perform work. There are also opportunities for unskilled seasonal employees and other workers to enter the country as well.

Different procedures apply for obtaining a visa to do different kinds of jobs in the United States and it is important for employers and those entering the country to understand the options available and the requirements associated with gaining entry to perform work. An experienced immigration lawyer at Monty & Ramirez can help employers and workers to take the right legal steps to make entry into the country possible.

Entering the U.S. As a Skilled, Unskilled Seasonal or Other Worker

Under U.S. immigration law, there are strict rules for when employers can sponsor either skilled or unskilled workers to come into the United States. For example, an employer can sponsor foreign nationals to come and work in the field of production agriculture, or to come and take a job that is offered on a seasonal basis. The number of petitions that employers can file is capped each year, and the employer may be required under certain circumstances to first make sure that no Americans are available to do the job before being able to sponsor immigrants to come into the country.

While foreign national professionals often come into the United States on H-1B visas, foreign nationals can come into the country on H-2B visas if they are entering to complete a one-time project, if they are coming to work intermittently or during times of exceptionally high workload. H-2B visas are usually used in the seasonal landscaping or construction industry; or in the field of seasonal hospitality. H-2B workers can also be brought in to meet needs in food packaging and processing; manufacturing; fishing and retail industries. Only 66,000 H-2B visas are issued each year in the United States, and the visas are issued only after the employer advertises through the state and federal local labor department. The visa holder of an H-2B visa is required to go home at the end of the season.

An H-2A visa allows a foreign national entry into the U.S. for temporary or seasonal agricultural work. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature.

Nonimmigrant visas which are specifically designed to bring in workers and thus those who come in on these visas are permitted to work (unlike some individuals who come in on a visa because of a family petition). Since many people coming to this country need to have jobs or choose to come here specifically to provide an income to family members back home, the H-1B, H-2B and H-2A visas provide important opportunities.

Getting Legal Help

Employers and those coming to the United States to work must understand the visa requirements and must take the appropriate legal steps to make temporary immigration possible. At Monty & Ramirez, we can guide you through. Call or contact us online today to learn how we can help. At Monty and Ramirez, we know what works. ®