If the goal is to embark on new directions and have established a destination in the United States of America, it is necessary to know what steps to follow for a successful process. Immigration authorities declare that it is possible to travel and work in North American law.
The United States continues to be one of the countries with the largest number of people aspiring to enter, either for better jobs, study, business or simply to do tourism. The truth is, although the approach is not always simple, it is not impossible, as long as there are no contradictions in each phase.
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In this sense, the Immigration Service divides visas into two categories: permits for non-immigrants (or temporary) and permanent. Moreover, all the requirements must be met in order not to be at risk of the procedure being blocked, which will result in the application being denied.
Temporary workers are required
With regard to this type of permission, the applicant must first of all have the certainty of a permanent job and an employer: provide a form to the immigration authorities, attesting to a potential employment relationship. They are usually asked why you need foreign labor; for example, if he considers the absence of suitable people in that field.
Visas have been found H2-A y* H2-B. The initial classification is for rural workers and the second is for those who do not apply in that field. In the first case, the sponsor must complete Form I-129, Petition for Nonimmigrant Worker, before the Department of Labor issues the certification.
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On the other hand, the potential employee must complete the travel process in the country of origin and, upon receipt of the I-129 form, submit a request for entry to the Customs and Border Protection Office. Of the 86 countries that can apply for this visa, 16 (including Colombia) are from Latin America and the maximum period of stay is three years.
What if the job is nonfarm?
Those who qualify for visas H2-B they need the signature of forms 1-29. This employer must support the fact that, in the United States, he does not have suitable work, the need to support his team temporarily, and also to demonstrate that the work and salaries of nationals will not be affected.
Congress maintains a limit of 66,000 visas in this category per fiscal year, the first half for those who begin their duties from October 1 to March 31 and the remaining amount from April 1 to September 30.
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As in the previous process, ad H2-B Temporary labor certification is also required and the maximum length of stay cannot exceed three years; if to aspire to reconciliation, it is necessary to leave the United States and wait three months continuously.
Roncus lists in his classification of activities (with travel permits) gardeners, cleaning staff, servants and cooks, animal handlers, workers, assistants in entertainment functions, forest personnel and butchers.
Process for permanent employees
For those who want to be able to practice permanently in the North American nation, there are five classifications that vary EB-1 a EB-V. These prioritize applicants with higher education and whose goal is to exploit their skills there.
For example, the EB-1 area is reserved for scientists, educators, researchers, executives, and athletes. The EB-4 category is intended for religious grounds (in some cases), US Foreign Service offices and minors under the protection of the courts.
The EB-5 option prioritizes employers and under certain weights. In some cases, an approved certification from the Department of Labor is also required.
