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Temporary VS Permanent Workers

As employers in the United States are allowed to hire foreign workers to fill in some positions in their company, a Foreign labor certification program are granted to employers that can prove the insufficiency of US workers qualified and available for the job that they are offering. This certification is also given if US workers are not willing to accept the wage offered for a certain occupation. For these cases, the employers can opt to hire temporary or permanent foreign workers for the job.

Employees hired as temporary or permanent foreign workers will go through the process of an employment-based immigration. The Immigration and Nationality Act provides the rules and regulations for the admission of foreign workers. As a foreign employee in the US, you must know the difference between temporary and permanent workers to understand the conditions and terms of your employment to prevent violations that may result in your deportation from the United States or being denied to come back to the country.

Temporary Workers

This category of foreign workers are nonimmigrants going to the US and staying temporarily for a particular purpose in the country. A temporary employee’s activity in the US is limited as well as his or her time of residence in the country. Here are several workers that fall under this category.

  • Treaty Traders are those who wants to conduct international trade in the country and are coming from countries that the US established a treaty with for commerce and navigation. The maximum initial stay for treaty traders and employees is two years and can be granted an extension upon request.
  • Temporary Agricultural Workers can be employed by U.S. employers to occupy agricultural jobs. A petition must be filed by the employer using Form I-129 for the worker that he or she wants to hire. The maximum stay for temporary agricultural workers is up to 3 years.
  • A representative of Foreign Media is allowed in the country only to engage in his or her profession. Workers falling under this category are reporters, editors, film crews and other people in the same field. The Customs and Border Protection Officer will decide on your period of stay. In case you need to extend the length of your stay, you should file a Form I-539, submit specific requirements and pay the fees required.

Understanding The Difference Between Temporary And Permanent Workers In The US

Permanent Workers

These foreign workers are immigrants authorized by the US government to live and work in the country permanently. Here are the preference visas given to workers who can petition themselves as permanent immigrant employees in the country.

  • First-preference visas given to workers with extraordinary abilities, outstanding professors and researchers, and Multinational Manager or executives. Each of these categories has certain requirements that you must have to qualify.
  • Second preference visas acquired by professionals who have an advanced degree or has exceptional abilities.
  • Third preference visas include skilled workers, professionals, and other types of workers.
  • Fourth Preference visa granted to special immigrants like Religious workers, Broadcasters, and certain Physicians.
  • Fifth Preference visas are for entrepreneurs administering the Immigrant Investor Program.

As the United States is opening their doors for workers, you can take this opportunity to either be a temporary or permanent worker in the country. After learning which category you belong to, the next step is to know the requirements and terms of each group. For more information about temporary and permanent workers in the US, you can visit the USCIS website.

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