Essential Worker Visa Program (H5-A visa)
Mobility of H5-A Visa Holders
- Migrants may travel to and from the U.S. without limitation during the life of their visa
- Time spent outside the U.S. will not extend the life of the visa
Validity of H5-A Visas
- an H5-A visa is valid for 3 years, and is renewable once for one 3-year period
- an H5-A visa will terminate if the migrant is unemployed for 45 days, and the migrant will be required to return to their home country
- if the migrant receives another job offer once they have returned home within the life of a 3-year H5-A visa, the visa will still be valid
Worker Protections
- An H5-A worker may not be considered an independent contractor
- An H5-A worker is protected by all federal, state, and local laws that protect U.S. workers
- An H5-A worker will have all the federal, state, and local tax responsibilities as a U.S. worker
- An H5-A worker is entitled to the same wages, benefits, and work conditions as a U.S. worker
- An H5-A worker may not be used to replace striking laborers
- It will be illegal for employers to threaten H5-A workers with the loss of their visas
- An H5-A worker shall be protected from being fired for reporting violations of labor rights, or cooperating with investigations against their employer
Bar to Renewal
- A willful violation of the terms of the visa (crimes, etc.) will result in inadmissibility for renewal
- A migrant may apply for a waiver of the last section for technical violations, inadvertent errors, or violations where the migrant is not at fault
Portability of H5-A Visas
- a H5-A visa holder may change jobs without applying for a new visa during the 3 year period of validity
- a H5-A visa holder will notify DHS of a change of address
EB-5 Immigrant Investor Program
H-2B Temporary Non-Agricultural Workers
H-2A Visa Program
Are you a farmer who needs seasonal or temporary workers for planting, cultivating, and harvesting crops but domestic workers are in short supply?
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