About Work Visas
The United States government has several agencies that issue visas for visitors, applications for permanent residence and requests for citizenship. Legal immigration to the United States with the right to work requires approval of a permanent residency application or an application for a temporary worker visa. The eligibility requirements and conditions of employment for these two permits are quite different.
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History
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Before 2002, several agencies enforced our immigration laws. After the terrorist attacks of September 11, 2001, the federal government created the U. S. Department Homeland Security and designated it as the lead agency for all immigration services. It oversees the activities of all other government agencies that process applications for entry into the United States. This includes applications for work permits. In 2002, a new agency, the bureau of United States Citizenship and Immigration Services (USCIS) replaced the agency that previously handled work visas, Immigration and Naturalization Services (INS).
Types
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Currently, the United States has two types of work visas. Each allows a person to enter the United States for the purpose of employment. The most commonly requested visa is the H1B, generally referred to as the temporary employer-sponsored work visa. The H visa also has other temporary worker category designations. The USCIS also processes applications for other special category work visas, including those titled E, EB, I, J, L, O, P, Q, R and TN alien workers. USCIS grants work authorization for these applicants based on their extraordinary abilities or status in the arts, sports, media and other fields. Most EB authorizations are permanent work and residency visas. H work visa holders do not receive USCIS authorization for permanent residency.
Function
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The purpose of the temporary work visa is to allow employers to select qualified foreign workers to perform jobs in the United States when there are no qualified American workers available. Therefore, the employer must document that there is a shortage of available American workers in the labor category that matches the visa request. In addition, the employer must file an application for the authorization to work with USCIS on behalf of the prospective employee. The employer also pays all fees associated with the application.
Features
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By law, the United States sets a limit on the total number of available H1B work visas annually. Periodically, these quotas increase due to need or national interest. However, the limit during the past 10 years has been under 200,000. With a few exceptions, during that period, the quotas have been set well below 100,000. The U.S. Department of Labor is responsible for providing the labor force data that determines worker shortages and supports any quota revisions. USCIS only approves H work visas for labor categories that have a shortage of American workers.
Significance
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The H1B worker visa is a subject of constant controversy. Some Americans feel that the companies that request applications for alien workers post job qualifications that are impossible for Americans to meet. Many also believe that alien workers cost less than American workers, so employers are tempted to distort their labor needs simply to avoid paying higher salaries or that alien workers are actually doing jobs that Americans are qualified to perform. In addition, some people criticize elected officials and the Department of Homeland Security for not taking steps to improve education and training programs that would decrease our need for alien workers who could be employed in sensitive industries that affect national security.
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