Coming to Work in the US

If an immigrant is coming to work in the US, the chance of being granted a work visa such as a H1B or H2b, has is much more likely if the type of work to be done requires a highly skilled worker. Because the immigration laws have changed regarding immigrants and the workforce, it takes longer for a visa to be granted someone who wants to do manual labor, for instance, or any kind of an unskilled worker, than someone who has specialized education and can work in a skill-required job.

The laws were changed to keep alien workers from taking jobs away from US workers, and to keep wages and working conditions from going down because employers felt they could get away with that if they used immigrant workers rather than citizens. Because there may be a demand for highly specialized and educated workers that isn’t filled by a citizen workforce, then it’s more acceptable for a skilled worker to come in on a work visa than an unskilled worker.

The Type H Work Visa

• H-1A: This visa helps fill the shortage of registered nurses in the US by allowing immigrants to work as nurses temporarily
• H-1B: The H 1B visa is typically given to professionals. They must have a 4-year bachelor’s college degree and be planning to fill a job that requires a bachelor’s degree.
• H-2: The H2B visa is given to workers to fill agricultural jobs that the US work force cannot fill. The employer seeking to hire the immigrant must show that there are no US workers who are qualified that are willing to do the job.

Work Visa Requirements

To get any of the type H work visas, an immigrant must have already been offered a job by a US employer. He or she cannot get a visa and then come to the US to search for a job offer. There also must be proof submitted by the employer that the immigrant will be paid a rate in line with other workers doing the same job.

Type H Visa Problems

When an immigrant applies for and is granted a type H work visa, that doesn’t mean that he or she will be allowed to immediately enter the country. Only so many immigrants are granted entry in a year, and if that many have already been allowed, he or she will have to wait until the following year to take advantage of the work visa.

Also, the speed with which some jobs disappear and new ones start can pose problems for those who work here on an H-1B visa. It’s not uncommon for professionals to change jobs as a company changes. But for the immigrant, the visa states the employer he is to work for. To change, a new H-1B must be obtained by the new employer and granted before the immigrant may change jobs. When companies restructure for whatever reason and the job or the employer are different, an amended petition for a visa should be submitted to keep up the records and avoid problems later.