H-1B Visa is available to individuals with the equivalent of a U.S. four-year bachelor’s degree (through education, experience or a combination of both), who are coming to the U.S. to be employed in a specialty occupation of a professional nature. The proposed employment must require at least the attainment of such a degree. The employment is specific to the petitioning company. New H-1B’s are issued subject to the USCIS’s fiscal year limits. An attestation regarding the prevailing wage must be filed with the U.S. Department of Labor prior to filing with the USCIS.
H-2A Visa is for temporary or seasonal agricultural workers and an H-2B is for temporary workers performing other temporary services or labor. The H-2 requires: the proposed employment be temporary; be performing temporary services or labor; and, the employer must demonstrate that no U.S. workers capable of performing such work are available in the U.S. There are certain Department of Labor requirements which must be satisfied. Currently, legislation is pending in the U.S. Congress which would amend the H-2 Visa.
H-3 Visa is available to an individual who will be trained by a U.S. employer. However, the training cannot be designed primarily to provide productive employment. The training and instruction does not include graduate medical training or instruction.