As of March 2006, there is a controversial immigration Guest Worker bill being considered in congress.  If congress passes this bill then immigrants would be allowed to work up to six years in the United States under this visa program.  Through their employers or on their own, immigrants would be eligible for permanent residency.  Foreign labor certification programs permit U.S. employers to hire foreign workers on a temporary or permanent basis to fill jobs essential to the U.S. economy.

The new law proposes a 3 year work visa after a payment of $1000 and then after, an option for another 3 years for a total 6 years of work visas, after this time passes, a built in incentives program for worker to return back to their country or follow a permanent resident path.

Do you need help obtaining a Guest Worker Visa?  Contact our experienced Guest Worker Visa Attorney today for help!

Certification may be obtained in cases where it can be demonstrated that there are insufficient qualified U.S. workers available and willing to perform the work at wages that meet or exceed the prevailing wage paid for that occupation in the area of intended employment.

Two new visa categories, if congress passes this bill.

• H-4A visa
• H-4B visa

Permanent Labor Certifications

• H-1C Nurses in Disadvantaged Areas
• H-2A Temporary Labor Certification (Seasonal Agricultural)
• H-2B Temporary Labor Certification (Non-agricultural)
• D-1 Crewmembers Certification

Do you need help obtaining a Guest Worker Visa?  Contact our experienced Guest Worker Visa lawyer today for help!

Key Points

H-4A visa

Foreigners would be allow to work up to six years in the United States under this visa program.  Also through their employers or on their own they would be eligible for permanent residency.  However, the eligibility for their spouses and children would be a different visa called a visitor's visa.  Once you have applied for the H-4A visa, you will be allowed to remain in the United States until a final decision on their application.

H-4B visa

The United States has an estimated 9 million non-register immigrants.  The immigrants that fall into this category could remain in the U.S. for up to three years.  They will have to pay a onetime fine of $1500 to be able get an H-4B visa, plus other requirements.  To be eligible for an H-4B visa you cannot have a felony or misdemeanor conviction.  Your immediate family will have the same options.

Employment based immigration is a complex process that may involve a number of government agencies within the Federal Department of Labor, the State Department of Labor, the Bureau of Citizenship and Immigration Services (BCIS) and the Department of State.  The Immigration and Nationality Act (INA) regulates the admission of foreign workers into the United States.  The INA designates the Attorney General and the Secretary of State as the principal administrators of its provisions.

About Foreign Labor Certification

Hiring foreign workers for employment in the U.S. normally requires approval from several government agencies.  First, employers must seek labor certification through the U.S. Department of Labor (DOL).  Once the application is certified (approved), the employer must petition the U.S. Citizenship and Immigration Services (CIS) for a visa.  Approval by DOL does not guarantee a visa issuance.  The Department of State (DOS) will issue an immigrant visa number to the foreign worker for U.S. entry.  Applicants must also establish that they are admissible to the U.S. under the provisions of the Immigration and Nationality Act (INA).

Employer Compliance

The employer should be aware that in filing for a foreign labor certification, the employer is obligated to comply with all employment related laws and regulations.  In the case of H-1B Specialty (Professional) Workers and H-2A Temporary Seasonal Agricultural workers, additional obligations also apply.  The details on these obligations may be found in the sections detailing H-1B and H-2A.  Failure to comply with the established laws and regulations may potentially result in penalties and possible legal action.

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