Legally Work in the United States

By: Anthony Cooper

One concern echoed by a few businesses we know is that they cannot find workers who are willing to work. One solution for businesses that have similar concerns might be to hire foreign nationals.

The United States immigration law provides foreign nationals with a variety of ways to work temporarily in the United States. The temporary worker visa grants permission to a foreign national to stay in the United States for a designated time and work for a specific employer. The law also requires that the foreign national depart the U.S. by the date that their visa expires unless they choose to reapply for an extension. Business owners must apply for and receive a temporary labor certification for workers with the U.S. Department of Labor before applying to United States Citizenship and Immigration Services. The Department of Labor’s role is to verify that the foreign national is not taking away jobs from U.S. workers. Another important step in this process is for the foreign national to successfully obtain an offer of employment from a designated U.S. based employer. The United States business owner must then file a petition on behalf of the foreign national. There are over eighty (80) countries that are approved from which foreign nationals may participate.

Two of the most common work visas issued are the Temporary Agricultural Workers and Temporary Non-Agricultural Workers visas.

The Temporary Agricultural Workers category allows U.S. employers who meet certain requirements to bring foreign nationals to the U.S. to fill temporary agricultural jobs. Work visas are available for foreign workers who want to come to the U.S. to work on a temporary or seasonal basis when there is a shortage of domestic employees. These temporary work visas can last up to one year each, with a three-year maximum. Spouses and unmarried children under 21 years may seek admission to the U.S. but are not eligible for employment.

The Temporary Non-Agricultural Workers category allows U.S. employers who meet certain requirements to bring foreign nationals to the U.S. to fill temporary non-agricultural jobs. Similar to the Temporary Agricultural category, the Temporary Non-Agricultural work visas are available for foreign workers who want to come to the U.S. to work on a temporary/seasonal basis. Also, these temporary work visas can last up to one year each, with a three-year maximum. Spouses and unmarried children under 21 years may also seek admission to the U.S. but are not eligible for employment.

The Process

The process for obtaining these working visas can be lengthy, complex, and may vary based on the category under which you’re applying. There are specific steps and procedures to follow. In general, U.S. businesses and foreign nationals must determine their eligibility before beginning the process. At Boppre Law Firm, we have knowledgeable, experienced counsel who will guide you every step of the way. Check us out online or call us today.