With the new year also come new projects and new horizons.
For some people, opportunities could be found abroad, so it is essential to pay attention to the opportunities that other countries offer to work.
(Read on: The Consul Responds / Do I Need to Have a Family in the US to Immigrate?).
In the case of the United States, there are thousands of people from all over the world trying to get visas for the purpose of working in their territory. In addition, the Latino community is awaiting the arrival of Joe Biden to the White House, who, it is speculated, could pursue a kinder immigration policy.
“In a new government there will be new measures, new regulations and we have every confidence that they can become a bit more flexible”said Paola Díaz, company representative for Immigration Procedures USA Corp, an entity that works closely in this field and operates out of Miami.
“There are many very positive future changes, but the United States Citizenship and Immigration Service is unstable about the decisions,” explains David Herrera, attorney for DH Asesorias, a company that also provides consular advisory services. and visas.
Among other things, he argued that this was due to the unforeseen event of the new coronavirus, which is forcing authorities to restrict travel and request new requirements to enter their territory.
For example, The US government will ask foreign travelers arriving by plane to take a coronavirus test starting Jan. 26.
But aside from these changes, we’ll tell you how to get a visa to work in the United States if you don’t plan to settle there.
What type of Visa does a temporary worker need?
Traditionally, the types of visas handled in that country are quite broad and are divided into two main groups: one is for the immigrant visa and the other is for non-immigrants.
The Nonimmigrant Visa is for people who want to go to the United States temporarily and have no intention of settling. This could be because they want to study, visit attractions, do business, receive medical treatment, or work for a while.
(Also read: When will visa interviews resume?).
For employees, there are several options that depend on their specialty and the type of work they will be performing. For now, We will refer to the H-2A and H-2B categories, which are designed for people who do not have a college degree.
What are the H-2A and H-2B visa categories?
They are made for employees who are not professionals who have found employment with a company in the United States. Each year, the Department of Homeland Security determines in which countries citizens can fall under these categories.
On January 13, it was announced that by 2021, 81 countries will be included in the H-2A program and 80 in the H-2B. Colombia is in both groups, so you can apply for one of these visas.
In case of H-2A is used for agricultural workers who are going to fill positions required by a US company. Beware: One of the requirements is that this organization demonstrates that it could not find a citizen of that country who could perform the duties that the foreign worker will be in charge of.
(You may be interested: Colombians can enter Indonesia without a visa).
On the other hand, H-2B targets ‘seasonal or non-agricultural temporary workers’ and it applies the same conditions as the previous one, only that it applies to companies that do not provide services or products from the agricultural sector and for specific, temporary or seasonal jobs. Some examples are: construction workers, housekeepers, gardeners or cooks.
“For example here in the United States, there is a great need for the temporary workers of heavy vehicle drivers“said Paola Díaz.
The full range of these types of vacancies can be consulted on the website of the Department of Labor: https://seasonaljobs.dol.gov/.
How do I access these visa categories?
The most important step is to find a company in the United States that is willing to hire you on the basis of a reliable and serious job offer. Next, the organization must meet some minimum requirements that are verified and certified by the United States Department of Labor. These include:
–The job offer must be temporary or seasonal.
As previously stated, the company must demonstrate that there are no “suitable, willing, qualified, and available” US employees to perform the required duties.
-The foreign worker must have a nationality included in the nationality chosen annually by the Department of Homeland Security.
That must be demonstrated hiring foreigners does not adversely affect the conditions and wages of American workers.
-The company must provide a temporary labor conditions certification validated by the United States Department of Labor.
Additionally, keep in mind that husbands, wives, or unmarried children under the age of 21 can also accompany the foreign worker “through the 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 should not exceed three years.
Similar requirements apply in the case of the H-2B category, although there are others:
-The company must demonstrate that no US workers are available for the position.
-The foreign worker must also have a nationality specified in the guidelines of the Ministry of Defense.
– Hiring the foreign worker cannot adversely affect the wages and working conditions of US workers.
Be careful with vacancies from abroad. Make sure to confirm that it is reliable information and make sure to verify it before starting the visa process.
-The company must demonstrate that the foreign employee is in fact temporarily needed. This happens when it is an event that happened only once and when “you have not hired employees in the past to perform the service or labor, and you do not need employees to provide services or work in the future, or you have an otherwise permanent employment situation, but due to a temporary temporary event, there is a need for a temporary worker “, according to information shared by the United States Citizenship and Immigration Services.
Or it could be that the employer has a “seasonal need”. This means that the service you seek from a foreign employee is “traditionally tied to a season of the year”. Applies to periods when a pattern can be established (e.g. winter) and not to changing or unpredictable times.
(We recommend: the US Embassy resolves your doubts about visas and procedures).
The company could also argue that it has a “peak load requirement”, which means adding staff to meet a demand for work, but these new features will not be included in “regular operation”. It can also be an “intermittent need” if you need employees to complete tasks for short periods of time. In that case, you must demonstrate that “you have no permanent or full-time employees to perform the services.”
In addition, people with an H-2B visa category can stay in the United States for up to three years.
Beware of false offers
“One of the first requirements to take into account, and it is something I always tell customers, is that the employer is one hundred percent verified,” said Paola Díaz.
Therefore, check carefully that the documents confirming the formation of the company are verifiable. “There have been instances where in certain cases (which can be very sophisticated) the Immigration Department has realized that it is a scam”he explained. “Sometimes ghost businesses and systems seem to create the need to apply for that visa,” he added.
His recommendation is to avoid immigration or employment processes through web pages of dubious origin, as this is one of the tools most commonly used by criminals to mislead people who want to work.
So it’s better to be wary so that you don’t waste your money (sometimes they ask you for prepayments) and your time on bogus processes.
Other recommendations
There are factors that can make it difficult to get a visa that you should consider before you start applying for a visa.
As always, the big 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 registration in Colombia (known as criminal record) you have had a problem with the law that makes you inadmissible. Another criterion is that you have a disease that you are not allowed to enter, such as tuberculosis.” , Paola Díaz explained.
(Read more: Why have the Mexican courts dismissed the charges against Cienfuegos?).
In addition, he stressed the need to review official sources from the U.S. embassy, consulate, and government agencies to ensure the information is reliable.
It’s also worth noting that visa processes can take a bit longer due to the contingency of the new coronavirus. Please refer to the US Embassy website: https://co.usembassy.gov/es/ to review the step-by-step procedures and to be up to date with the latest announcements regarding immigration processes.
Trends AGAIN