Work Visas

This section discusses some of the most popular temporary work visas which are used by foreign nationals to enter the U.S. and work in various occupations for various periods of time.

Note that these are not the only types of work visas which are available. In addition, foreign nationals sometimes obtain the authorization to work based on other qualifications, such as by qualifying for "Temporary Protected Status", for individuals from certain countries which are experiencing some-type of strife. Likewise, some foreign nationals obtain temporary work status as part of their student visas, or as a precursor to obtaining permanent residency status.

Anyone considering the various options, should take a look at the List of Temporary Visas and Classifications, as well as the List of of primary avenues to U.S. Permanent Residency (“Green Card” status).

It is also important to note that certain nationals have special types of work authorization available to them, e.g., Canadians, Mexicans, Australians, Singaporeans, etc.

The raid of six Swift & Co. meat packing plants last week spotlighted the fine line employers face because of increased government scrutiny: Make sure your employees are in the U.S. legally, but don't push too hard to find out.

This time, federal inspectors detained 1,300 Swift workers suspected of providing stolen Social Security numbers to the company. But four years ago, the company's requirement that Latino job applicants provide proof of their legal status led to a $200,000 fine for discrimination.

On 10/17/06, President Bush signed a law (Section 1074 of H.R. 5122) which exempts individuals from the H-2B QUOTA for the 2007 fiscal year (October 1, 2006 to September 30, 2007) who obtained H-2B's in certain past years. Specifically, to be exempt, individuals must have obtained an H-2B in one of the following fiscal years: 2004, 2005, or 2006. Those individuals who are exempt under this provision may be able to obtain an H-2B extension which takes effect beginning October 1, 2006.