Articles Posted in Construction Workers

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we discuss a little-known law called LIFE Act 245(i) which allows certain undocumented immigrants to apply for permanent residence.

Want to learn more? Keep on watching.

Overview:

What is 245(i)?

Section 245(i) is a provision of the Legal Immigration Family Equity Act (LIFE) which allows certain persons, who entered the United States without inspection (unlawfully), or otherwise violated their status, to apply for adjustment of status in the United States, if they pay a $1,000 penalty.

To be eligible, the applicant must have an immigrant visa immediately available. Immigrant visas are immediately available for spouses of U.S. Citizens, unmarried children under 21 years of age of a U.S. Citizen, and parents of U.S. Citizens (if the U.S. Citizen is 21 years of age or older).

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Overview:

The H-2B visa is a popular visa for individuals who want to come to the United States to work in a job that is temporary or seasonal in nature. This visa type is suitable for construction workers, landscapers, and housekeepers. These visas are issued for a period of up to one year. Extensions may be granted for a total of two additional years.

Workers may apply for a season that starts in April or a season that starts in October. This means that the immigration filing must be made in advance of the season the worker is requesting.

Cons:

  • There is a 66,000 cap on the number of H-2B visas issued per fiscal year. This cap is divided into two seasons which means that 33,000 visas are available each season.
  • A valid job offer from a US employer is required
  • US employer must demonstrate seasonal need
  • Only nationals of certain countries can participate
  • Not a dual intent visa

Pros:

  • The visa is granted for a period of one year, but may be extended for 2 additional years
  • Good visa for individuals interested in working in the US on a temporary basis
  • Good visa for jobs of a seasonal or temporary nature that experience a shortage in the U.S.
  • The Trump administration is proposing increasing the 66,000 cap

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