US Work Visa Rules

Every year, the United States welcomes thousands of foreign workers hailing from different work profiles and employment categories. These include scientists, corporates, agricultural workers, researchers, artists, information technology specialist, scientists and much more. It is mandatory to achieve legal working permits to function in United States. The US Immigration Law plays a pivotal role in framing these details of the rules and regulations. Different requirements are present for each employment category, also depending on the duration of stay and the conditions of authorization. Adhering to the terms and conditions of the petition is necessary. Any form of violation can prove to be removal and further denial into entry in United States.

Visa Descriptions and Qualifications

H-1B (specialty occupation)
It is endowed to those professionals who are visiting United States to fulfil a pre-arranged professional job. It is mandatory to hold a higher degree, for example, Master’s Degree in your area of specialization. Later, the United States Citizenship and Immigration Services (USCIS) would then decide whether or not the employment constitutes the specialty occupation. It will also test whether or not the applicant is qualified enough to perform the needed services. The employer also needs to fill the labor condition application with reference to the Department of Labor, so that the terms and conditions of the employment fit the criteria and are transparent.

H-2A (seasonal agricultural workers)
The US Seasonal Agricultural Worker (H2-A) Visas allow the foreign workers to work in United States, given that there is a discernable shortage of domestic workers. But before seeking the H-2A visas for foreign workers, the employers have to actively recruit the American workers, and also agree that they would give more preference to the American workers over the foreign workers. This visa is valid for 364 days. Under this visa, the workers are entitled to the same rights as the American workers, especially those related with transportation, housing, compensation and insurance.

H-2B visa (skilled and unskilled workers)
Seasonal non-agricultural workers can apply foran H-2B visa to the United States, be they skilled or unskilled. It is important for the applicant to have the job offer in hand first before applying; especially notifying that there is a shortage of US workers for it. Also, it must be revealed by the applicant that he/she will definitely return to the home country after the work duration is completed. These visas are applicable for different people like ski instructors, camp counsellors, entertainers, athletes, home attendants of ill patients, etc.

H-3 (trainee)
This special type of visa is issued by the U.S. Citizenship and Immigration Services to trainees or participants of the special cultural exchange programs. The applicants must be invited for attending the training which is not available in their home country.

H-4 (dependents)
The family members of those holding an H-1B visa can apply for H-4 dependent visa. These can include the spouse and unmarried children who are younger than 21 years of age. They are not issued a Social Security Number and are not allowed to work.

References

http://www.uscis.gov/working-united-states/working-us
http://www.alllaw.com/articles/nolo/us-immigration/h-2b-work-visa-requirements-fees-application-process.html
http://www.ustraveldocs.com/in/in-niv-typework.asp
http://www.learn4good.com/travel/usa_visa.htm
http://www.dol.gov/whd/immigration/h2b.htm
http://www.uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses