How Do I Choose Between an H-1B and H-2B Visa?

You may find it invaluable to have the opportunity and experience of working in the United States, even if it is only temporary. Well, lucky for you, the United States Citizenship and Immigration Services (USCIS) offers a certain visa category, called the H visa category, that may help you accomplish just this. Importantly, though, you must not waste your time and rather apply for the right H visa type from the onset. With that being said, please read on to discover how to choose between pursuing an H-1B and an H-2B visa and how one of the seasoned work visa lawyers at Lupton Law LLC can help you determine which one is the best fit for you.

How do I choose between applying for an H-1B and H-2B visa?

It is not necessarily a matter of choosing between an H-1B and H-2B visa, but instead deciphering which one you most closely qualify for.

On the one hand, an H-1B visa is designated for foreign professionals in occupations requiring highly specialized knowledge and at least a Bachelor’s degree or equivalent in their given specialty. Generally speaking, such specialties are within the science, engineering, and technological industries. But also within this visa category, there is the H-1B1 visa for free trade agreement workers in specialty occupations from Chile and Singapore; the H-1B2 visa for workers in specialty occupations related to the Department of Defense cooperative research and development projects or co-production projects; and the H-1B3 visa for fashion models of distinguished merit and ability.

On the other hand, an H-1B visa is meant for foreign workers seeking non-agriculatural work positions that are temporary or seasonal in nature. Examples of such work positions include those in the fields of hospitality, construction, and landscaping. Nonetheless, United States-based employers may only bring over these foreign workers if they can prove that there is a shortage of United States citizens and permanent residents to fill these positions. Further, they must demonstrate that these positions are a one-time occurrence, seasonal need, peak load need, or intermittent need.

What other nonimmigrant work visas can I consider?

Now that you understand the specifics of H-1B and H-2B visas, you may face the reality that your skills and knowledge do not align with either one. However, you may still rest assured knowing that there may be other nonimmigrant work visa types to choose from.

Still within the H visa category, there is the H-2A visa. This is specifically for temporary or seasonal agricultural workers, who are usually citizens or nationals or designated countries. The, there is the H-3 visa for individuals seeking to train in anything besides medicine or participate in a special education exchange visitor program for children with physical, mental, and emotional disabilities. This is not to mention other nonimmigrant work visa categories, such as E visas, EB visas, TN visas, etc.

Speaking with a lawyer is never a bad idea, even if you are still unsure whether you require legal assistance just yet. At the very least, they may serve as a listening ear to your initial questions and concerns. So when in doubt, please schedule a consultation with one of the competent work visa lawyers from Lupton Law LLC today.