Wilner & O'Reilly, APLC
One Practice. One Focus. One Passion: Immigration Law.

Employment immigration in California

Immigration law provides a type of visa specifically geared to people who intend to come to the United States in order to work for a specific employer. Temporary work visas allow them to work in the United States for a limited period of time. There are different categories, some which may be sought by the prospective employee and some that may be sought by the prospective employer.

Many of the temporary work visas apply to specific occupations, primarily those that experience shortages. For example, the H1-A visa is a type of visa allowing registered nurses to work in the U.S. in response to a shortage of available nurses in the country. H1-B visas are allowed for specialty professions requiring a high degree of skill and knowledge. The baseline education must be a bachelor's degree at a minimum, and the position being sought must also require it as well. H-2 visas are reserved for fields in which there is a shortage of U.S. workers, including agriculture and other industries.

H class visas are subject to time limitations set by Congress. The limit differs depending on the type of visa. Although they may be extended, there is a maximum total allowed stay in the country, and Congress additionally sets annual limits capping the total number that can be issued. Prior to a visa being issued, the employer must demonstrate to the U.S. Department of Labor that comparable U.S. workers are not available and that the offered wages meet regional pay standards for the position.

Both workers who wish to seek employment in the country as well as employers who wish to hire foreign employees to fill open positions may benefit by seeking the help of employment immigration attorneys. An attorney can help a client with the required documentation as well as with the completion of the applications in order to secure the visas.

Source: FindLaw, "Temporary Worker Visas", accessed on Feb. 24, 2015

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