As an immigration attorney of Indian decent it’s a common occurrence to receive queries regarding hiring help from overseas. After MUCH research we have been able to find answers for those who need this kind of help!
Immigration has released a “Temporary Worker” visa, also called an H2B visa, for employers in this exact predicament. There are a few key factors one must take into consideration before applying or inquiring about said visa:
- Must be for TEMPORARY employment. The visa will be granted for between 1- 3 years and in no circumstance will be extended beyond the 3 year period;
- The visa application process will take up to one year prior to approval, therefore the Alien must be either in legal status in the United States or will remain abroad in their home country while the visa is processing;
- Immigration will require that the employer pay the overseas employee fairly- meaning that one must pay the employee the same amount of money (at least minimum wage) that one would pay a US citizen worker;
- Employment can be full time or part time, depending on the employers preference.
The other thing one must consider is that not all countries can qualify for an H2b visa, for example, people of Indian Citizenship are not eligible for such, here is a list of countries that qualify: (effective as of January 14, 2014)
| Argentina | Fiji | Mexico | Slovakia |
| Australia | Grenada | Moldova | Slovenia |
| Austria | Guatemala | Montenegro | Solomon Islands |
| Barbados | Haiti | Nauru | South Africa |
| Belize | Honduras | The Netherlands | South Korea |
| Brazil | Hungary | Nicaragua | Spain |
| Bulgaria | Iceland | New Zealand | Switzerland |
| Canada | Ireland | Norway | Thailand |
| Chile | Israel | Panama | Tonga |
| Costa Rica | Italy | Papua New Guinea | Turkey |
| Croatia | Jamaica | Peru | Tuvalu |
| Dominican Republic | Japan | The Philippines | Ukraine |
| Ecuador | Kiribati | Poland | United Kingdom |
| El Salvador | Latvia | Romania | Uruguay |
| Estonia | Lithuania | Samoa | Vanuatu |
| Ethiopia | Macedonia | Serbia |
Two other points to consider are: A) that the employee you are considering sponsoring need be qualified for the position; therefore, he/she must have experience working in the industry you are hiring them for; and B) you, as the employer, need to prove a “need” for the worker, i.e. expecting a child, need child care, need a cook for the opening of a restaurant or for a specific event, etc.
The entire process is rather complicated, BUT such cases have been approved by Immigration. With the right legal guidance you too can be successful. Should you have any questions or comments, please do not hesitate to contact us:
THE LAW OFFICE OF VACHHANI & ASSOCIATES
Sungina J. Vachhani, Esq.
17918 Pioneer Boulevard, Suite 204
Artesia, California 90701
(562) 402-1677