In what could be called a rather important development, a US Republican Senator for Arizona has recently introduced legislation. It may result in the setup of a new US Guest Worker Visa Scheme. As per the senator, the plan will fill the chasm that at present exists between the temporary visa programmes for the H-2A for agricultural manpower and H-2B non-agricultural seasonal manpower, and the highly-skilled H-1B specialty worker visa Plan for graduates.

Allegedly, the Willing Workers and Willing Employers Act would change the Immigration and Nationality Act, in the process, generating a new H-2C categorization. It's unspoken that the bill would result in the development of a 10-year-long pilot scheme that would enable employees--with an education level lower than a bachelor's degree--admission to the country, to get professionally involved with year-round, non-agricultural labor.

It may not be very easy to usher-in labor force from abroad into the US. Other well-liked temporary non-immigrant visa classes--like the L-1A visa for managers and executives and the L-1B visa for specialized knowledge employees--only apply in incredibly restricted situations. In this case just specialist level staff and managers--who have done a job in the overseas business, outside the shores of the US, for 12 months through the previous three years--can fall under these specific visa streams.

The E-1 treaty trader visa scheme & E-2 treaty investor visa scheme may also be utilized. But, these are related to international trade agreements applicable only for the people of some specific nations even while only firms duly registered under the plan can submit an application.

For some specific visa classes there is an allocation. For instance, for the H-2B non-immigrant visa stream, for skilled or unskilled non-agricultural manpower, there is a yearly allocation of 66,000 visas while for the H-1B visas for specialty graduate level employees the yearly allocation stands at 85,000 visas.

Keeping out the badly required overseas personnel is allegedly not good for the economy of the US even as there requires being changes to the structure. Still, previous developments allegedly suggest it is enormously doubtful that the senator bill will be given a green signal and passed.

Hurdles in Receiving US Visas for Temporary, Seasonal Manpower

Under the present H-2B seasonal and temporary worker plan, manpower in some business--like manufacturing, construction, landscaping, nursing, and meatpacking--are restricted to 66,000 visas per annum. Numerous recruiters would allegedly hail the starting of a new visa categorization so swelling the availability of the overseas personnel in the country.

Report On Guest Worker Visa

As per a report, it's unspoken that the senator’s proposals, in case brought into law, would:

  1. Generate a flexible limit for the registered positions ranging from 65,000 to 85,000 per annum to duly match the economic requirement.
  2. Necessitate recruiters to first test the resident labor market to spot potential US workers before making use of the 'H-2C' scheme. If a firm fails in its hunt for a US employee, they are qualified to submit an application for an overseas employee for a time-frame of three years.
  3. Enable manpower more freedom to switch recruiters via permitting them to change jobs and do a new job for any firm/organization that has suitably tested the resident labor market only to be offered a permit.
  4. Necessitate any probable H-2C workers to be duly screened through the federal administration’s E-Verify structure.

Sharing his thoughts on the subject, a concerned person reportedly stated that this more flexible, market-like structure has some advantages for both the recruiters and workers. The key advantage for recruiters is that there can be no claim whatsoever (as there is under the present law) that they are accountable for employee’s travel or accommodation or for giving a fixed figure of work hours.

And if a visa holder leaves a firm for any particular factor, the recruiter has full liberty to take into service a replacement speedily, with no trouble at all, and with authorization, minus going back to the administration.


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