How to apply for the H-2B visa to work in the US 2:19
(CNN Spanish) --
Maria Fernanda Vogel is a Nicaraguan plastic artist who decided to emigrate to the United States in search of better opportunities for her profession.
It was precisely her professional career that allowed her to come to this country as a permanent resident through a work visa, a way to emigrate that is little known and explored by those who wish to make their way in this country.
The visa Vogel opted for was for extraordinary talents.
Although she claims to have done her best throughout her career, she says that at the beginning she doubted that this could be a viable option for her.
In fact, she believed that the easiest way to emigrate would be by other means.
These would be the new visa, citizenship and green card rates of the United States immigration service
“I had no idea that such a visa existed,” he says.
He adds that it was his lawyer who, when analyzing his case, suggested this path.
“At first I said: I don't know if I'm really going to be considered an extraordinary talent,” says Vogel.
But as she collected information and letters of reference supporting her immigration background and case, she knew she had an opportunity with these types of visas.
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According to the United States Citizenship and Immigration Services (USCIS) page, there are more than 20 types of work visas, including visas for investors, agricultural workers, athletes, religious or those in which you need a sponsor.
In turn, they are divided into temporary work visas and permanent work visas.
The first are those that have a period of stay, the second is a permanent residence with the option of citizenship after a certain time.
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Temporary work visas
E-1 Treaty Traders (Treaty Traders and Qualified Employees)
E-2 CNMI Investor (Foreign long-term investors in CNMI)
E-2 Treaty Investors (Treaty Investors and Qualified Employees)
E-3 Certain Specialty Occupation Professionals from Australia (Certain professionals from Australia with special occupations)
H-1B Specialty Occupations and Fashion Models
H-2A Agricultural Workers (Temporary or Seasonal Agricultural Worker)
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H-2B Non-Agricultural Workers (Temporary or Eventual Non-Agricultural Worker)
H-3 Nonimmigrant Trainee
I Representatives of Foreign Media (Representatives of the foreign press, radio, cinema or other foreign information media)
L-1A Intracompany Transferee Executive or Manager
L-1B Intracompany Transferee Specialized Knowledge (Intracompany transferees in positions requiring specialized knowledge)
O-1 Individuals with Extraordinary Ability or Achievement
P-1A Internationally Recognized Athlete
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P-1B Member of Internationally Recognized Entertainment Group (Internationally recognized artists or members of an internationally recognized artistic group)
P-2 Performer or Group Performing under Reciprocal Exchange Program
P-3 Artist or Entertainer Part of a Culturally Unique Program
Q Cultural Exchange (Persons participating in an international cultural exchange program for the purpose of providing practical training, employment, and sharing the history, culture, and traditions of the foreign person's country of origin)
R-1 Temporary Religious Workers
Permanent work visas
According to information from the United States Citizenship and Immigration Service page:
Employment-Based Immigration: First Preference EB-1 (EB-1 First Preference)
"This category is reserved for individuals with extraordinary ability in the sciences, arts, education, business, or sports; outstanding teachers or researchers; and executives or people with managerial positions of multinationals," says USCIS
Employment-Based Immigration: Second Preference EB-2
According to USCIS: "This preference is reserved for individuals who are professionals and have graduate degrees or for individuals with exceptional ability in the arts, sciences, or business."
Employment-Based Immigration: Third Preference EB-3 (EB-2 Third Preference)
"This preference is reserved for professionals, specialized workers and others."
Employment-Based Immigration: Fourth Preference EB-4
"This preference is reserved for "special immigrants," which include certain religious workers, employees of US foreign service posts, retired personnel of international organizations, alien minors who are under the protection of courts of the United States and other cases of foreigners".
Employment-Based Immigration: Fifth Preference EB-5
"This preference is reserved for business investors who invest $1 million or $500,000 (if the investment is in an identified employment area) in a new business that employs at least 10 full-time US employees."
The USCIS website offers detailed information in Spanish about each option.
Who is eligible for these work visas?
Immigration attorney Noelia Ramos states that many people who could be eligible for these visas disqualify themselves due to lack of information.
For this reason, she recommends consulting a specialist.
“Each visa has its own requirements, there is from extreme and specialized preparation to no preparation at all.
Also known as 'skill' and “non-skill”, he explains.
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In addition, most of these provide options for the beneficiary to emigrate with their relatives.
“Normally, immediate family members (spouses and children under 21) are derivative beneficiaries and obtain a status as well,” adds Ramos.
Ramos indicates that the most important thing is to analyze each case to assess the possibilities and challenges and thus face them in the best way.
“The lawyer must always evaluate factors such as academic preparation, work experience, extraordinary ability, etc.
to be able to recommend options to the applicant.
The other factor is whether a sponsor is required or not, not all applicants are able to obtain sponsorship, and this can make the process more difficult”, says the expert.
Time is another variable to take into account.
Processing times in some work visa cases can take years.
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The United States needs these kinds of labor immigrants.
For example, experts from the country's Academies of Science, Engineering and Medicine warned in September 2022 about the urgency of attracting and retaining foreign talent, due to Chinese competition in technological matters.
The experts who advise the US government on technological issues made it clear that in order to preserve the advantages that it has in that area over the Asian giant, it was necessary to improve the capacity to "attract, retain and support the most talented workers in the world of science, engineering and innovation.
According to data from the United States Department of State, more than 55,000 employment-based immigration visas were granted during fiscal year 2022, more than double the number granted in the previous two years, as, due to the covid pandemic, -19, immigration visa approvals and related services declined considerably.
There are those who consider that further efforts are still needed.
The academies report adds that compared to the United States, other countries where English is also spoken, such as Canada, Australia and the United Kingdom, have more flexible systems that reward skills.
Visa costs
On many occasions, the most frequent challenge is the cost of a work visa process.
According to Ramos, these can range from $2,000 to $11,000, not including the fees charged by USCIS, which depend on the type of visa being applied for.
The USCIS website also posts the costs of each form that is required for each visa.
A price that for many is worth paying if one takes into account the range of opportunities that open up when emigrating.
personal factors
Vogel adds other factors that were important to her when she decided to come to the United States.
“The process was very difficult, not because of the process itself, but because of everything that a change of country entails.
From the emotional and psychological part to the logistics of change.
However, it is a process that I would do again a thousand and once.
I am a faithful believer that what does not challenge you does not transform you ”, he comments.
Recently, Vogel informed through his social networks that his work will now be represented by the prestigious gallery Miami Americas Collection.
One of her biggest dreams is to become an exponent of Latin American art on the best international platforms, and this new stage promises to speed up the path.
He says he loves and misses his country, but for now his life is here, in what many consider the country of opportunities, where he wants to take advantage of the doors that open for his professional and personal life, afterward —he says— “only God knows what what he has prepared for us."
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