You may have worked hard to gain special knowledge and skills in your chosen occupational field. While you may be thriving in your career in your home country, you may find yourself eventually hitting the ceiling with little to no room left to grow. Well, you may be glad to know that certain United States-based employers will not let your knowledge and skills go unnoticed. That is, certain employers may be looking to fill gaps in their business operations that have yet to be fulfilled by any employees with citizen or permanent resident status. With this, you may attempt to obtain an H-1B or H-2B visa. Without further ado, please continue reading to learn the difference between an H-1B visa versus an H-2B visa and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C. can help you understand the application requirements for either type.
What is the difference between an H-1B visa versus an H-2B visa?
Both the H-1B visa and H-2B visa are types of nonimmigrant work visas. However, each is designated for a different type of employee that can meet specific job requirements.
Firstly, an H-1B visa is designated for foreign professionals in specialty occupations, typically in the sciences, engineering, or technology programming. But also, it may apply to individuals who wish to perform services of exceptional merit and ability relating to a Department of Defense cooperative research and development project, or even services as a fashion model of distinguished merit or ability. Regardless, this individual must have a theoretical and practical application of a body of highly specialized knowledge, along with a Bachelor’s degree or higher degree in their specific specialty.
Secondly, an H-2B visa is specifically for foreign workers for temporary nonagricultural jobs, mostly in hospitality, construction, landscaping, and other industries in which extra workers for short durations are typically needed. That said, eligible individuals must establish the need for their services or labor is temporary, regardless of whether the underlying job can be described as temporary. Namely, their proposed job opportunity by a United States-based employer must be defined as a one-time occurrence, a seasonal need, a peak load need, or an intermittent need.
What are the application requirements for each visa type?
Regardless of whether a United States-based employer wants to bring you over on an H-1B or H-2B visa, they will need to fill out and file Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS). Though, the evidence needed to supplement this application may vary depending on the visa type pursued.
For an H-1B visa, an employer may have to demonstrate that their proposed employment qualifies as a specialty occupation, and in turn that the foreign professional is qualified to perform it. Then, for an H-2B visa, an employer may have to exhibit that a forgien worker meets the minimum job requirements stated of the temporary labor certification, if applicable.
Speaking with a lawyer is never a bad idea, even if you are still unsure whether you require legal assistance just yet. At the very least, they may serve as a listening ear to your initial questions and concerns. So when in doubt, please schedule a consultation with a skilled work authorization permit lawyer in Milwaukee, WI, from Sesini Law Group, S.C., today.