With the New Year also come new projects and new horizons.
For some people the opportunities could be found abroad, so it is crucial to pay attention to the possibilities offered by other countries to work.
(Continue reading: Consul answers / Do I have to have family in the US to immigrate?).
In the case of the United States there are thousands of people around the world who are trying to get a visa with the goal of employing in their territory. In addition, the Latino community is waiting for the arrival of Joe Biden in the White House, who, it is speculated, could bring more friendly migration policies.
“In a new government will come new measures, new regulations and we have all the faith that they can be a little more flexible”, Said Paola Diaz, representative of the company Immigration Procedures USA Corp, an entity that works closely on this issue and operates from Miami.
“There are many very positive future changes, but the U.S. Citizenship and Immigration Service is unstable about decisions,” said David Herrera, a lawyer for DH Assessories, which also offers consulting services in consular and visa matters.
Among other reasons, he argued that this was due to the contingency of the new coronavirus, which forces authorities to restrict travel and demand new requirements to enter its territory.
For example, the US government will ask foreign travelers arriving by plane to have a preliminary coronavirus test from 26 January.
But aside from those changes, we tell you how you can get a visa to work in the United States if your intention is not to settle there.
What type of Visa does a temporary worker require?
Traditionally, the types of visas handled in this country are quite broad and are divided into two large groups: one is the immigrant visa and the other is the non-immigrant visa.
The nonimmigrant visa is for people who are looking to go to the United States on a temporary basis and do not intend to settle. This may be, among other reasons, because they want to study, do tourism, do business, undergo health treatment, or work for a while.
(Also read: When will visa resumes resume?).
For workers there are several options that depend on their specialty and the type of task they are going to perform. First of all, we will refer to categories H-2A and H-2B, which are designed for people who do not have a university degree.
What are the H-2A and H-2B visa categories?
They are made for non-professional workers who found a job opportunity at a company located in the United States. Each year, the Department of Homeland Security establishes which countries citizens can be welcomed with these categories.
On January 13, it was announced that, by 2021, 81 nations are included in the H-2A program and 80 in the H-2B. Colombia is in both groups, so you can look to get one of these visas.
In the case of the h-2A, is used for agricultural sector workers who are going to perform functions required by an American company. Eye: One of the requirements is that this organization proves that it could not find a citizen of this country who could perform the tasks that will be in charge of the foreign worker.
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In the other hand, h-2B is aimed at “seasonal or temporary non-agricultural workers” and handles the same conditions as above, only it applies to companies that do not provide services or products of the agricultural industry and for one-off, temporary or seasonal work. Some examples are: construction workers, homeowners, gardeners or cooks.
“For example, here in the United States there is a great need for temporary workers of heavy-duty vehicle drivers“, Paola Díaz pointed out.
You can consult the entire offer of this type of vacancy on the website of the Department of Labor: https://seasonaljobs.dol.gov/.
How to access these visa categories?
The most important step is to find a company in American territory that is willing to hire you from a reliable and serious job offer. The organization must then meet minimum requirements that will be verified and certified by the U.S. Department of Labor. Among others, they are:
–The job offer must be temporary or seasonal.
-As mentioned earlier, the company must demonstrate that there are no American workers “fit, willing, skilled, and available” to perform the tasks they require.
-The foreign worker must have a nationality included in those chosen annually by the Department of Homeland Security.
-It must be proved that hiring foreigners will not negatively affect the conditions and wages of American employees.
-The company must present a certificate of temporary employment status validated by the United States Department of Labor.
-Please note, moreover, that spouses or unmarried children under the age of 21 may also accompany the foreign worker “by H-4 visa classification.” However, it is important to note that this status does not allow them to work in the United States.
-Remember that your stay cannot be longer than three years.
For the case of category H-2B similar requirements are handled, although there are other additional ones:
-The company must prove that there are no American workers available for the position.
-The foreign worker must also have a nationality that is included in the guidelines of the Department of Defense.
Employing the foreign worker cannot have a negative effect on the wages and working conditions of American employees.
Be careful with job offers from abroad. Try to confirm that this is reliable information and be sure to verify it before starting the visa process.
-The company must show that, in effect, the foreign worker is needed temporarily. This occurs when it is a fact that only happened once and when “you have not hired workers to perform the service or labor in the past, and you will not need workers to perform the services or work in the future, or you have an employment situation that is otherwise permanent, but a short-term temporary event has created the need for a temporary worker. “ according to information shared by the U.S. Citizenship and Immigration Service.
Or it may happen that the employer has a “seasonal need”. This implies that the service you are looking for in a foreign worker is “traditionally tied one season of the year”. It applies to periods that allow you to set a pattern (e.g., winter) and not to changing or unpredictable times.
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The company may also argue that it has a “maximum load requirement,” which involves adding staff to meet a job demand, but these new positions will not be included in its “regular operation”. It can also be an “intermittent need,” when you need workers to perform tasks for short periods. In this case he must show that “he has not employed permanent or full-time workers to perform the services.”
-Also, people who have an H-2B visa category can only remain in the United States for a maximum period of three years.
Beware of false offers
“One of the first requirements to consider, and it’s something I always tell clients, is that the employer be one hundred percent verified,” Paola Diaz noted.
Therefore, carefully check that the documents certifying the incorporation of the company are verifiable. “There have been cases where the Immigration Department has realized in certain instances (which can be very advanced) that this is a scam”, Explained. “Sometimes ghost companies and systems appear to create the need to apply for this visa,” he added.
Its recommendation is to avoid initiating migration or work processes through websites of dubious origin, for this is one of the means most used by criminals to deceive people who want to work.
So you better be suspicious so that you avoid losing your money (sometimes you are asked for advance payments) and your time in fake processes.
other recommendations
There are factors that can make it difficult to obtain a visa and that you should consider before you start applying for it.
As always, the great recommendation is to maintain sincerity and transparency throughout the process. Omitting information and even lying can lead to problems and prevent you from receiving the document.
“It may also be that in your police record in Colombia (known as a criminal record) you have had a problem with the law that makes you inadmissible. Another criterion is that you have a disease that does not allow you to enter, such as, for example, the tuberculosis, ”Paola Diaz explained.
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He also stressed the need to review official sources at the US Embassy, Consulate and state entities that ensure the information is reliable.
It is also worth noting that visa processes may take a little longer due to the contingency of the new coronavirus. To consult the step-by-step procedures and keep abreast of the latest announcements on migration processes, see the US Embassy website: https://co.usembassy.gov/es/.
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