Trump’s presidency was the harshest towards immigration of foreign workers to the US. The ex-president believed that foreign workers ‘cannibalize’ the jobs of American nationals and are the primary cause of rising unemployment. Moreover, the current Covid-19 pandemic left many people unemployed, and millions of people are currently using the government’s unemployment benefits, putting immense stress on the US economy. Therefore, the administration enforced a ban on issuing work visas to curb the spread of covid-19 and control the US’s unemployment rate.
However, Trump’s policies towards work immigration were strict even before the pandemic. Far fewer people were allotted work-based visas in the last five years. As a result, several US companies expressed their reservations as they could not acquire foreign technical talent. Joe Biden, however, understands the need for talented foreign individuals in the US industry. He aims to increase the number of work visas allotted to exceptional workers and provide foreign doctorate students with a green card to work in the US after completing their education and eliminating the ban on selected Muslim countries to apply for US work-based visa and immigration. However, before increasing the limits on work-based visas, Biden aims to introduce reforms that will ensure a just wage allocation process and prevent the undermining of wages in the US market. He also plans to eliminate the cap on work-based visas by country, to ensure that the most talented individuals are given a chance to apply for US work-based immigration.
Applying and securing temporary and seasonal work visas and immigration in the US is a hectic, cumbersome and complicated process. If you are an exceptional employee and wish to work in the US, you must contact Attorney Eric Price today! He is an established immigration attorney with the experience, commitment and knowledge to provide valuable legal representation and support for your immigration circumstances. Contact Attorney Eric Price today at info@abogadoericprice.comor 855-662-2772 to learn more about US temporary and seasonal work immigration and seek help in your work visa application.
What Are Temporary and Seasonal Workers?
Seasonal and temporary workers, both work for a limited time in a company. They are hired by a company on a need basis and are either dismissed or replaced by the permanent employees of the company after the set contract duration. A temporary worker is someone who is hired to cover the absence of a permanent employee temporarily or to carry out a temporary job at the company. A seasonal worker, on the other hand, is someone who is hired by companies during the peak working seasons to cater to high demand. Seasonal workers can be categorized as temporary workers, but all temporary workers are not seasonal workers.
All temporary workers are a crucial part of the US workforce. These workers are usually skilled and in demand by companies in the US. A worker is not eligible for a temporary visa until a company offers him/her a job for a position for which there is a shortage of US workers able or willing to take the job. Temporary visas are provided to several kinds of workers such as medical attendants, ski instructors, camp counsellors, athletes, entertainers, and business trainers. However, the agriculture and technology industry has displayed the highest demand for temporary workers.
Such workers are treated differently than permanent workers. They are offered jobs for a limited time, usually between 2 months to a year. However, their work visa can be renewed up to three consecutive years. The most important temporary foreign worker programs in the US are H-2A, H-2B and H1B for temporary agricultural, non-agricultural and specialty occupational workers, respectively. To secure seasonal employment in the US, the worker must apply for an H-2B visa if he/she meets the following requirements:
- Intention to return home before the expiration date on the visa.
- Possess the compatible skills and background required for the job.
- Have a valid job offer from a US employer for temporary or seasonal work.
The requirements for an employer to invite overseas worker(s) to work in the US are as follows:
- The time-frame for the job must be less than one year.
- The need for the worker must be one-time or seasonal, intermittent or peak load.
- There must be no one else qualified enough or available in the US for the job.
Learn more about H-2B visa at https://attorneyericprice.com/blog/h2b-visa-requirements.
Current Problems with the System
According to Joe Biden, the process of securing temporary and seasonal work visas in the US for overseas workers is “cumbersome, bureaucratic and inflexible”. Moreover, the temporary and seasonal workers are at a serious disadvantage over other permanent workers and green card holders. Companies often exploit temporary workers by paying them less than US nationals. Moreover, the companies who invite temporary workers from overseas have to pay for legal and travel expenditures to bring them to the US and their accommodation and transport in the US. Therefore, the entire system revolving around temporary workers is problematic and inefficient. Joe Biden’s stance on this issue is as follows:
- Cumbersome:
The system revolving around temporary workers in the US is inefficient. Applying for a temporary visa is a cumbersome process for both the immigrant as well as the host company. It takes much time to process a temporary visa application without guaranteeing if the application gets accepted. The company has first to analyze the current US workforce to look for anyone eligible and available for the job and then prove to the government that no one can be hired for the post. Only then, the company can invite a foreign worker to the US. On the other hand, the worker who wishes to work temporarily in the US has to go through a tiresome, slow and complicated visa application process and then wait for a long time for acceptance. This lag is a result of the lengthy and unnecessary process of applicant selection and visa allotment.
- Bureaucratic:
The visa allotment system for temporary workers is inefficient because the relevant officials are over-concerned with the procedure at the expense of efficiency or common sense. The system has many unnecessary safeguards in place, which makes the process of visa application very intimidating to companies and workers, alike. Moreover, the system requires the concerned parties to put unnecessarily extra effort in their visa application and selection process, which makes this process highly inefficient.
- Inflexible:
The US’s temporary employment system is inflexible because the government does not adapt itself to the characteristics and number of foreign workers to domestic labour shortages. The system is rigid towards setting the number of foreign workers taken each year based on the demand for skilled and unskilled workforce. Hence, resulting in either increased unemployment or scarcity of valuable employees.
Joe Biden’s Plan for Seasonal Workers
Joe Biden believes that the cumbersome, bureaucratic and inflexible immigration system for temporary workers promotes the companies to hire undocumented labor and allow employers to pay artificially low wages to these workers. He proposes that a complete reform for the temporary immigration system is necessary to ease the temporary immigration process, create and implement safeguards for temporary workers against exploitation, allow workers in select industries to switch jobs, and certify foreign workers’ labour market needs.
Biden aims to ease and fast track the temporary work visa allotment system of the US. He plans to work with Congress to remove unnecessary safeguards and establish transparency and a merit-based system that is efficient, fast and easy to implement.
Biden also plans to create and implement safeguards for temporary workers against exploitation with the help of Congress. His presidency will ensure that temporary workers are paid their wages according to the market rates, are provided with the same working conditions as the local workers, and that they are not used to reduce the minimum labor costs in the market. He will also ensure that such workers can join worker unions to demand their rights and stand against their employers’ exploitation.
The new government also aims to allow temporary workers in select industries to switch their jobs during their stay in the US on a temporary visa. It will ensure that employers provide enough evidence of scarcity of specific skill sets in the market and the impact this scarcity will have on their business. Once they provide relevant proof, the government will allow them to invite foreign temporary workers. This effort will prevent any employer from exploiting their workers by paying lower wages and will also keep unemployment in check. Labor market needs will be the primary deciding factors for the number of foreign workers allowed to work in the US.
What Effect Will Joe Biden’s Plan Have?
Joe Biden’s plan aims to address most of the shortcomings of the temporary worker immigration system. These shortcomings have prevented the temporary worker immigration system from reaching its full potential. Once these issues are dealt, the US industries will experience a boost in productivity, labor needs for companies will be met, foreign workers will be able to earn a market-competitive income, seasonal businesses will flourish, and the rural/ low population areas will experience a boost in their income.
The US companies, especially in the technology, hospitality, entertainment, and agriculture industry, heavily rely on exceptional temporary workers with rare skill sets in the US. These temporary workers hold immense importance for such companies and are critical to their success. Once the temporary worker immigration system is stripped of its flaws by Biden’s administration, such companies will be able to invite temporary foreign workers more easily and frequently. It will help these companies to grow and earn maximum revenue, thus boosting the US national economy.
Moreover, the policies promised by Joe Biden will ensure that seasonal businesses have greater access to seasonal workers to help them reach their maximum potential in the most critical months of the year. The success of seasonal businesses will directly provide a boost to the local economy. These seasonal and other businesses will grow and create demand for more workers, reducing unemployment rates in the US.
What Are the Next Steps
The next step will be Joe Biden taking the presidential auth in January 2021. He aims to work with Congress to bring about these resolutions, but he is bound to face resistance from other legislative assembly members. A divided Congress is bound to create challenges for him. So, it may take months or even years to reform the temporary immigration system of the US. Meanwhile, workers who want to work temporarily in the US must be vigilant of any job openings from US companies and focus on learning job skills scarce in the US.
Contact Attorney Eric Price Today!
The process of applying for seasonal or temporary work in the US is hectic, troublesome and intimidating. Choosing the right visa for your circumstances is also difficult and requires expert assistance. Attorney Eric Price aims to help those who are unsure about their work rights in the US and want to secure a temporary US work visa. He is an accomplished, successful and experienced immigration attorney that pays due attention to your specific circumstances. Contact Attorney Eric Price today at info@abogadoericprice.com or 855-662-2772.
