The EB-3 Visa Lawyers Guide: Navigating Your Path to U.S. Employment
The EB-3 Visa Lawyers Guide: Navigating Your Path to U.S. Employment In the intricate world of U.S. immigration, securing…
The United States is a melting pot of skills and ingenuity. And the H-1B visa program is one way that the United States provides opportunities for foreign workers in “specialty occupations” to apply their knowledge and skills on American soil.
The H-1B visa program fulfills a critical need for American labor, particularly in STEM (Science, Technology, Engineering, and Math) occupations. While many people may think of the H-1B visa program as being primarily for computer science positions, it is also a visa program for civil engineers.
To qualify for an employment-based visa under the H-1B program, foreign civil engineers must first be offered an approved position. Employers submit their petition to hire H-1B workers to the Department of Labor (DOL). The DOL then reviews the available job and ensures that it meets the prevailing wage standard for its occupational category with regard to the following:
This means that a civil engineer would be engaged in activities that includes:
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Being a professional civil engineer virtually always requires at least a bachelor’s degree, and many positions even require a graduate degree. In accordance with the required educational level, skills, and knowledge needed to perform the duties of a civil engineer, employers who seek to employ foreign workers must be able to provide a comparable wage. This ensures that employers are not using foreign labor to avoid paying fair wages to American workers or take advantage of foreign worker visa beneficiaries.
Once an employer is approved to begin hiring workers and the employer’s requested position is certified by the Department of Labor, the employer must then make sure the prospective employee qualifies for the visa under the H-1B program.
To qualify for the H-1B visa, foreign workers must:
Reality shows that the United States has not made major infrastructure shifts in generations. According to the United States Bureau of Labor, more civil engineers are needed in coming years to manage projects to rebuild, repair, and upgrade bridges, roads, levees, dams, airports, buildings, and other important structures. Despite the need for those who can lead this work, the American civil engineering labor market is projected to grow only at half the expected rate of the average of all occupations, let alone high-need jobs coming down the pipeline.
When applying for the H-1B program, it’s important that employers and employees alike understand that H-1B is a temporary nonimmigrant visa category. The initial duration of an H-1B visa is three years, and it may be extended for a maximum of six years. Each year, the United States’ H-1B program has a numerical cap of 65,000 new visas, with an additional 20,000 petitions filed on behalf of beneficiaries with master’s degrees — or higher — from a U.S. institution of higher education. This means that many who enter the United States with a bachelor’s degree, but earn a master’s while they are here on a temporary work visa, may find themselves exempt from the cap, making them more attractive to potential employers.
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The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.
