If you own a business you will run into labor problems at one point. You can employ foreign nationals to fill in employment holes in either temporary, seasonal or permanent positions.
Employment Based Green Cards
This is the working visa for a foreign national. It employs legal immigrants with the aim of them becoming permanent residents. It works through an employment preference system, known as EB.
EB-1 is for priority employees who hold extraordinary abilities within science, art, education, business or athletics. This can include professors and researchers who have reached a high level within their field.
EB-2 refers to those who hold advanced degrees or have high abilities and skills within their field. This usually means they need to be both educated and proven their ability, but it can be for those who have spent years studying for degrees such as a doctorate.
EB-3 is for skilled workers in general, without degrees. This is a common avenue for workers to move to the U.S.
H-2A Visas
This type of visa is available to workers on a more temporary scale. This means foreign nations will gain a visa for a set amount of time, such as the summer months. Once it expires, they will return to their home country.
The H-2A is chosen by employers and employees as it will minimize risk. This visa has no numerical cap on it, allowing for an untapped source of legal labor for largely agricultural employers.
H-2B Visas
This is focused on industries such as landscaping, food processing and construction. This isn’t a seasonal visa, instead it’s more of a temporary one. There is a limit of 66,000, split equally in each half of the fiscal year.
You should speak to a highly qualified lawyer in your area to find out what visa you will need for an employee. Farmer Law PC, an Austin law firm, specializes in immigration law and will be able to assist you and your business in labor issues.
H-1B Visas
This visa enables employers within the U.S. to fill special job openings with foreign nationals. It works off of a lottery system that aims to save employers money as they won’t pay any costs with an application. You can check the results of the lottery at the end of the application period.
H-3 Non-immigrant Trainees
This visa focuses on training, rather than employment. It allows an employee to temporarily enter the United States in order to perform job-related training for a position they already have. It is usually sponsored by their employer, and can also be issued to those who are training within special education needs.
