The U.S. immigration system provides various pathways for foreigners wishing to work there. Among the options, the EB-3 visa for unskilled workers and the H-2B visa for temporary non-agricultural jobs are two vital categories. This article aims to clarify the distinctions and comprehensively compare these two U.S worker visas.
Duration of Stay
EB-3 Unskilled Workers: The EB-3 visa is an employment-based green card category. Hence, once approved, recipients can permanently reside and work in the U.S. While the initial green card is conditional for two years, it can be renewed indefinitely as long as certain conditions are met.
H-2B Temporary Worker: The H-2B visa is precisely as the name suggests temporary. Initially, the visa is valid for up to one year. However, extensions can be granted in increments of one year, with the total duration of the stay not exceeding three years.
Eligibility Requirements
EB-3 Unskilled Workers: A foreign worker must have a full-time, permanent job offer from a U.S. employer for this category. Importantly, the position should require less than two years of training or experience and should not be seasonal or temporary. There must also be a shortage of U.S. workers willing and able to fill the position.
H-2B Temporary Worker: To qualify, applicants must have a job offer from a U.S. employer for temporary or seasonal non-agricultural work. The employer must certify that there are no capable, willing, or available U.S. workers for the job and that employing foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Application Process
EB-3 Unskilled Workers:
- A U.S. employer initiates the process by obtaining a labor certification from the Department of Labor.
- After acquiring the certification, the employer files Form I-140, Petition for Alien Worker.
- Once the I-140 is approved and a visa number becomes available, the applicant can apply for an adjustment of status (if already in the U.S.) or an immigrant visa at a U.S. consulate abroad.
H-2B Temporary Worker:
- The U.S. employer first submits a Temporary Labor Certification to the Department of Labor.
- Upon approval, the employer files Form I-129, Petition for a Nonimmigrant Worker.
- After the I-129 petition is approved, the prospective worker applies for the H-2B visa at a U.S. embassy or consulate abroad.
Benefits
EB-3 Unskilled Workers:
- Opportunity for permanent residency.
- Eligibility for U.S. citizenship after five years of being a permanent resident.
- Can bring immediate family (spouse and children under 21) to the U.S.
H-2B Temporary Worker:
- Can work in the U.S. legally for a specified period.
- Option to extend stay up to three years.
- Ability to bring spouse and children under 21 on H-4 visa (though they cannot work).
Limitations
EB-3 Unskilled Workers:
- Competitive and limited visa numbers are available each year.
- Lengthy waiting times due to visa backlogs.
- Tied to the employer unless a change of employment petition is approved.
H-2B Temporary Worker:
- Limited to a maximum of three years stay.
- Cannot transition to a green card directly from this visa category.
- The annual cap on the number of visas issued.
Conclusion
Choosing the right visa category is vital for a successful U.S. work experience. The EB-3 unskilled worker visa offers a path to permanent residency but comes with challenges like waiting times and limited visa numbers. On the other hand, the H-2B temporary worker visa offers a quicker, albeit temporary, solution for those looking to work in non-agricultural roles. Understanding the differences between these two can guide applicants toward a decision that aligns best with their long-term goals and aspirations.
