Legal definition of H-Type Visa
An H-Type Visa is a category of non-immigrant work visa applied in the United States. It is intended for individuals who come to the United States to work temporarily in specific fields. These types of visas are subject to annual quotas. They typically require a petition from the prospective employer in the United States and prior approval from the U.S. Department of Labor. This process aims to ensure that the employment of foreign workers does not harm American workers.
Depending on the requirements of the U.S. labor market, the H-Type Visa is divided into different categories. This allows employers to recruit foreign workers who specifically match their needs and industry sectors. For foreign workers, the U.S. immigration service offers H-Type Visas classified according to specializations and skills.
H-1B Visa: Specialized Workers
This H-Type Visa is intended for skilled professionals in specialized fields such as technology, engineering, and medicine. It offers the possibility to apply for a green card and to change employers under certain conditions. The annual quota is 65,000 visas, with an additional 20,000 for holders of a U.S. Master’s degree.
H-1B1 Visa: Specialized Workers (Chile and Singapore)
The H-1B1 visa, similar to the H-1B, is specific to citizens of Chile and Singapore. It offers the same conditions and benefits, such as the possibility to apply for a green card and to change employers under certain conditions. Recipients must meet the same professional qualification and educational criteria.
H-1B2 Visa: Research or Co-production Projects
The H-1B2 visa is intended for individuals involved in research or co-production projects under the supervision of the Department of Defense. This visa allows for the provision of specific and exceptional services, facilitating collaboration on projects of high national and technological importance.
H-1B3 Visa: Professional Models
The H-1B3 visa is for professional models recognized nationally and internationally. Candidates must demonstrate recognition for their success, merit, and talent. This visa allows models to work temporarily in the United States under specific contracts with American agencies or companies.
H-1C Visa: Registered Nurses
The H-1C visa is for registered nurses coming to work in the United States. Conditions include obtaining a nursing degree and passing the nursing exam or obtaining a U.S. nursing license, enabling them to practice their profession immediately.
H-2A Visa: Temporary or Seasonal Agricultural Workers
The H-2A visa meets the seasonal or temporary needs of the agricultural sector. It is granted for a duration of one year and can be renewed twice, for a maximum duration of three years, thereby supporting agricultural production cycles.
H-2B Visa: Temporary Workers
The H-2B visa is for temporary non-agricultural jobs, such as seasonal, intermittent, or peak load need workers. It is valid for one year, renewable twice, with a maximum duration of three years.
H-3 Visa: Trainees
The H-3 visa allows participation in training programs not available in the home country. It is granted for a maximum duration of two years, after which the beneficiary must leave the United States for one year before being eligible to return.
H-4 Visa: Spouses and Children Under 21
The H-4 visa is for spouses and children of H-1B, H-1B1, H-2A, H-2B, and H-3 visa holders. It allows families to accompany them and offers the possibility to apply for work authorization in the United States, ensuring family support.