H-5A Visa...

[bjorn]

Below is a very brief summary of the proposed H-5A visa. I'm wondering if people who are NOT fortunate to get aa labor certification through the DOL, assuming they want to remain in the US, can they accept an unskilled job like in retail and get the H-5A visa, work on that for 4 years and then apply for the green card themselves without a sponsor... Or is the H-5A visa for people already outside the US? Or can one apply for this H-5A while in the US? Can a spouse of an H-1B worker apply for this H-5A visa through accepting an unskilled job? Lots of questions that we may want to figure out so perhaps some of us or our spouses can take advantage of this, should it become law.

The bill creates a new H-5A temporary visa category for people coming to the US to initially perform labor or services not covered by the H-1B, H-2A, L, O, P, or R categories.
An H-5A applicant must maintain a residence in a foreign country which they have no intention of abandoning.
The worker can apply directly at a consulate and must demonstrate the ability to perform the services being requested in the H-5A application.

 

[gc_2006]

bjorn,

you bring up an interesting point with spouses of H-1Bs applying for H-5A. Maybe your spouse could then apply for GC after 4 years and you as H-1B holder do follow-to-join subsequently and avoid H-1B employer sponsor hassle....Problem is - maybe you need to have really low skills to get H-5A? I don't know their definition of 'essential worker'.

 

[bjorn]

I have yet to read anywhere why people with education would NOT qualify. The bill addresses JOBS requiring no education, but does not seem to address the people themselves and their background. I have not read the entire bill, of course, but in all the summaries I have read, below is what is generally interpreted. It only says "fill jobs requiring few or no skills" and "jobs not covered by H-1B, L. J, etc. visas." This means pretty much means jobs where a college degree and professional certifications are NOT required. Again, lots of retail jobs, restaurant waitresses, for example... So, I really believe that if you are on H-1B and your spouse is not, she can pursue this and perhaps get the green card for you that way... Checking with a lawyer would not hurt, of course, to see their interpretation. I will look into this some more by reading the entire section addressing the H-5A in the bill.

"A new temporary (H-5A) visa would allow foreign workers to enter the U.S. and fill available jobs that require few or no skills."