L03 Visa Programs

Hospitals, engineering firms and tech businesses often have someone in HR who handles visa matters. The process requires vigilance and follow-ups. Recruiting, staffing and employee expectations depend on the process being done right.

Foreign nationals that do not have permanent resident status; a green card, must obtain a visa that will permit them to work in the U.S. The type of work involved, and qualifications define most of the categories. Look at the categories and their specifications in the graphic below.

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H-1: for persons of distinguished merit and ability.

H-2: for temporary workers, including agriculture.

L-1: for intracompany transfers (allowing the transfer of high-level employees from foreign subsidiaries or branches of the same company).

TN: for highly skilled workers from Canada and Mexico.

F-1: for students from other countries; can be employed for up to 12-months.

J-1: for research scholars, professors, and exchange visitors participating in programs that promote cultural exchange. Business interns and medical residents enter with J-1 visas.

H1-B: for “specialty occupations” requiring a bachelor’s degree of higher. Physicians and engineers typically work in the U.S. with an H1-B visa.

H-2A visas are issued for temporary work in agriculture or logging.

Let's discuss the H1-B and H-2A visas in more detail.

There are restrictions to an H1-B visa: it expires after six years, and reentry on another H1-B visa requires absence from the U.S. for at least one year.

H1-B visas are controversial as some maintain that holders displace U.S. workers and drive wages down. As with many controversies, that contention is part truth and fable. Without medical professionals who enter based on H1-B visas, would U.S. hospitals be adequately staffed? If such entries ceased tomorrow, would market forces compel more graduations from medical school and a domestic supply of doctors sufficient to staff U.S. hospitals? With a derivative of increasing minority representation among physicians? Theoretically, yes, but the interim shortage of physicians would be catastrophic.

Employers who hire foreign nationals with H1-B authorization must file a Labor Condition Application with the DOL and attest to the following:

• That H1-B visa holders will be paid at or above the local prevailing wage.
• That benefits equal to those provided to U.S. workers will be provided.
• That H1-B visa holders will not perform work during a strike or lockout.
• That notice of an intent to use the H1-B process will be provided to existing employees and union representatives, if applicable.
• That the employer has not displaced U.S. workers by using the process.
• That no U.S. workers will be laid off during the ninety days before or after filing a petition.
• That an attempt to recruit U.S. workers was conducted and that the qualifications of H1-B hires exceeded those of American applicants.

H-2A visas are issued for temporary work in agriculture or logging, whereas H-2B visas are issued for seasonal work in other industries. Both categories must be supported by evidence that there are too few U.S. workers available, able, and willing to perform the work and that the employment of foreign nationals will not adversely affect the wages and working conditions of U.S. workers. H2-A visas require evidence of a contract, reimbursement for travel costs, free housing and minimum rates of pay.

There are at times abuses abound about H2-A and H2-B visas. “Free” housing rarely matches what a consumer would opt for. The EEOC and advocacy groups attempt to monitor and correct shortfalls. Many employers meet their obligations. That some do not shouldn’t shock any readers.

Next, let’s look into labor trafficking and what acts are in place to prevent it.