Unfortunately, many employers offering interim jobs cannot find workers to fill open positions. Due to the lack of help, many businesses have been forced to reduce their operating hours. Foreign workers could help fill these gaps . . . if only the employer can obtain a work visa for them
If you own a business that relies on seasonal or temporary workers, a Boston temporary employment visa lawyer could help you keep your enterprise thriving and well-staffed when your business needs it the most. Foreign workers also could help meet non-seasonal, temporary needs for positions requiring extensive training or specialized expertise. For example, area hospitals often have difficulty filling nursing positions. These facilities could turn to foreign nurses to ensure adequate staffing.
If you have a non-agricultural business that relies on seasonal or temporary workers, you could sponsor foreign citizens to work for you. The U.S. issues a limited number of H-2B and H-1B visas to temporary workers every year, so do not delay. Contact our firm to set up a consultation with a knowledgeable business immigration attorney today.
“Boston is practically an H-1B capital city. Pharma, biotech, software, hardware, civil engineers, even hospitality. H-2Bs are ideal for hospitality in Boston, the Cape, and the Berkshires; also great for landscapers and groundcrews in the leafy suburbs. A wide variety of American industries benefit from these programs.” ~ Jamie Gorton, Principal Attorney
Possible recipients of H-2B visas are foreign nationals willing to work in the U.S. in careers that traditionally do not require higher education. Examples of these positions include landscapers, restaurant servers or cooks, hotel housekeepers or maintenance staff, golf course greens keepers, ski instructors, lifeguards, amusement park staff, fishery industry workers, and other similar positions.
H-2B visas are also issued for temporary jobs or careers that traditionally require higher education. For example, consulting positions could qualify for an H-2B visa. Local universities, contractors, and tech industry employers could work with a Boston temporary employment attorney to secure an H-2B visa for a skilled foreign worker.
Before a foreign national applies for an H-1B or H2-B visa, their prospective employer must apply for a Labor Certification (LCA). The LCA grants permission to the employer to hire a foreign worker for their position because they could not fill the job with a U.S. citizen. The employer must demonstrate that the pay and benefits they offer are commensurate with what an American would expect for that type of work, that the qualifications they seek are standard for the job, and that the employer made initial efforts to find a U.S. citizen to fill the position.
Certain employers in the Boston area could seek temporary help through the H-1B visa process. Research institutions, hospitals, defense industry contractors, and others could apply for a skilled worker to enter specialized work under the H-1B visa program
For example, many H-1B visa holders are nurses. Area hospitals and health care facilities suffer from a chronic shortage of degreed professional nurses, and the shortages worsened during the pandemic. Foreign nurses holding the equivalent of a bachelor’s degree or higher are in great demand in Boston and throughout Massachusetts. A local immigration attorney could assist a medical employer in getting H-1B visas for temporary foreign nurses.
For more information about the H-1B temporary work visa for specialized occupations, click this link.
Once an individual has received an H-2B visa, they may legally work and collect benefits from the employer that sponsored their visa. They may change positions under this same employer, but their legal worker status does not transfer to other employers. If the worker wants to accept a job with a different company, the new employer must begin the H-2B visa process to sponsor the worker.
H-2B visa holders do not have a path to permanent residency and must complete their employment within one year. A worker is permitted to extend their visa twice for one-year increments, for a total of three years in the United States. When their H-2B visa expires, the worker must leave the country.
H-1B visa holders receive additional benefits compared to H-2B visa holders. For example, H-1B visas are valid for three years, and the holder may receive an extension for another three years. In addition, an H-1B visa holder is permitted to change jobs (or “port” the H-1B, as it’s called), although the employer will need to apply for a Labor Certification. Most notably, H-1B status is one of the main visas used to keep someone in status while they wait to complete a green card application. This is crucial to have, as green card processing time could require several years depending on the worker’s citizenship. A Boston attorney could help an H-1B temporary employment visa holder navigate the process of obtaining permanent resident status.
If your business or organization needs temporary workers to fill staffing needs, securing interim employment visas to sponsor foreign workers could be your answer. The government issues a limited number of these visas annually, so it is crucial to ensure your application is completed correctly and on time.
A Boston temporary employment visa lawyer could explain the requirements for securing the LCA and walk you through every step of sponsoring a foreign national. Call today to speak with a knowledgeable legal professional.