During this 20-minute presentation, Chugh, LLP Executive Manager Carmen Lopez, Immigration Lead Deepika Singh, and Legal Consultant Jasmine Kaur provide an overview of three uncommon visa types:
C visas are used primarily for transit purposes for nonimmigrants:
C-1 Visas
Foreign nationals may need C-1 visas for the following reasons:
Citizens of certain countries may transit to the US without a visa under the Visa Waiver Program. These individuals must meet certain eligibility criteria to qualify. Citizens of Canada and Bermuda do not need visas for transit in the United States.
How to Obtain a C-1 Visa
First, individuals must apply for a C-1 visa using Form DS-160 at their US Consulate. During the application process, individuals must provide:
The H-2B visa is designed for temporary, non-agricultural workers. Industries which commonly use the visa include hospitality, landscaping, construction, forestry, seafood and meat processing, restaurants, and more.
Which Roles Qualify for H-2B Visas?
Because the H-2B visa is inherently temporary, employers must prove that the visa would be used for a temporary purpose.
Employers hiring workers on H-2B visas will need to demonstrate that their need is either intermittent or peak load.
With peak load need, the employer must demonstrate all the following:
Under intermittent need, an employer will need show that it:
The H-2B Visa Application Process
To sponsor a worker on an H-2B visa, first the prospective employer must submit a temporary labor certification application to the Department of Labor (DOL).Next, the employer must submit Form I-129 to United States Citizenship and Immigration Services (USCIS).
Finally, prospective workers based outside of the United States will be able to apply for the H-2B visa and/or admission.
Employers may skip the first step of the H-2B process if they are sponsoring Canadian musicians that will be employed within a 50-mile radius from the US-Canadian border for 30 days or fewer.
Which Countries are Eligible for the H-2B Visa?
Nationals of eligible countries may work in the United States on the H-2B visa. These countries include:
Andorra Argentina Australia Austria Barbados Belgium Brazil Brunei Bulgaria Canada Chile Colombia Costa Rica Croatia Czech Republic Denmark Ecuador El Salvador Estonia Fiji Finland |
France Germany Greece Grenada Guatemala Honduras Hungary Iceland Ireland Israel Italy Jamaica Japan Kiribati Latvia Liechtenstein Lithuania Luxembourg North Macedonia Madagascar Malta |
Mexico Monaco Mongolia Montenegro Mozambique Nauru The Netherlands Nicaragua New Zealand Norway Panama Papua New Guinea Peru The Philippines Poland Portugal Romania San Marino Serbia Singapore Slovakia |
Slovenia Solomon Islands South Africa South Korea Spain St. Vincent and the Grenadines Sweden Switzerland Taiwan Thailand Timor-Leste Turkey Tuvalu Ukraine United Kingdom Uruguay Vanuatu |
H-2B Visa: Period of Stay and Status for Family Members
The maximum period of stay in the United States on an H-2B visa is three years. USCIS grants H-2B visas up to the period authorized by the employer on the temporary labor certification document. Extensions are available for increments of up to one year each for certain workers.
Spouses and unmarried children under 21 years old may seek admission into the United States under H-4 nonimmigrant status. H-4 status does not provide eligibility to work in the United States.
Employer Notifications Required for H-2B Visa Workers
Employers must notify USCIS within two working days if the H-2B worker does any of the following:
H-3 visas are designed for foreign nationals to enter the US temporarily for either:
While there is no cap on trainee visas only 50 are approved each fiscal year. Trainee H-3 visas are limited to two years in duration, while special education exchange visitors may be sponsored on an H-3 visa for up to 18 months.
Employers may file for H-3 visas at any time during the year.
Requirements for H-3 Trainees
Individuals can qualify for the H-3 visa for trainee programs if:
Requirements for Special Education Exchange Visitors on H-3 Visas
The H-3 visa must be filed by a facility that has a structured program to deliver education for disabled children, and that employs professionally trained staff.
The program must also provide hands-on training and experience to trainees.
The applicant must provide evidence of education or experience that qualifies them for the program, including one of the following:
If the applicant will offer custodial care of children, it must be part of the training program.
For help obtaining C-1, H-2B, H-3, and other uncommon visas, contact your trusted Chugh, LLP immigration professional.
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