How to work in the United States?

Well, if you want to work here, you need to know about these two visas: the H2B and the EB3.  Both can allow you to work in the United States even if you don’t have a college degree.  So, which one is best for you?

The answer: it depends on the type of job you are coming to the United States to do.  We understand that “it depends” is not a helpful answer.  So, to make it clearer, we put together a simple H2B vs EB3 chart.  You can use this chart compare the H2B visa with the EB3 green card.

What is the difference between H2B and EB3?

The key take-away: The H2B is NOT an option unless the US employer can prove that the position in the US is temporary.  So, if you want to remain permanently in the United States the H2B is likely not the right option for you.

If you are a US employer and you need to fill a permanent position, you cannot use the H2B for the job.  The H2B is only for employers who can demonstrate that the position is:

• Seasonal or because of a spike in business during a particular time of year
• Based on a one-time need/project, or
• Sporadic or unpredictable

  • Attorney tip: this category is the hardest one to meet. The US employer must show that no US workers have ever filled the position before.

If the job does not fit into one of these temporary categories, then the EB3 green card is likely the best option.

If you are interested in learning about how our team can help you with your employment-based green card or H2B, or you would like discuss another immigration issue with our team, you can schedule a strategy session with one of our attorneys here. You can also learn more about our immigration services here.

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If you are waiting for your work permit to be approved you might be wondering, what is taking so long?  The processing times for USCIS to approve work authorization are sometimes extremely long, forcing people to wait months and sometimes even years for a work permit.

So, can you expedite your work permit?

Yes, it is possible.  You may be eligible to sue the U.S. government to force USCIS to take action on your work permit case.

This process is called a “writ of mandamus” which is just a fancy phrase for asking a court to order the U.S. government to take action on a case—you don’t need to know what it is called to use it.

We used this process for our clients recently, and guess what?

Our clients’ delayed work permits were approved within 24 hours

Our clients were waiting for their asylum employment authorization documents (EADs) to be approved for over 90 days, even though the law requires USCIS to come to a decision on these cases within 30 days. Our clients tried to contact USCIS through all the normal routes to try to get a resolution, but nothing worked.

So, we prepared our filing (called a “complaint”) to sue the U.S. government and provided it to the U.S. attorney, giving the government a heads up that we intended to sue USCIS.

The U.S. attorney quickly responded that the office would contact USCIS to see if the case could be resolved.

Less than 24 hours later our clients’ EADs were approved!

If you are interested in learning about how our team can help you expedite your delayed work permit, or you would like to discuss another immigration issue, you can schedule a strategy session with one of our attorneys here.  You can also learn more about our immigration services here.

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This website and blog constitute attorney advertising. Do not consider anything on this website or blog as legal advice and nothing on this website constitutes the formation of an attorney-client relationship. Book a consultation with us before you act using any information you read here. Past results are not a guarantee of future results and past results do not imply or predict future results. Each case is different and must be judged on its own merits.

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