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Essential Worker Visa Program, new category called H5 Visa

The Secure America and Orderly Immigration Act, a bill developed by Senators John McCain and Edward Kennedy and others, aims to secure our borders and make our country safer by strictly enforcing immigration laws. This approach includes a coordinated and up-to-date enforcement at our borders, as well as the so-called "Essential Worker Visa Program" with a new category called "H-5A." This new category is for alien workers who will perform jobs otherwise not covered in the existing visa categories. It is a temporary visa that allows foreign workers to perform a job for initially three years, with a possible extension after that period. Spouses and children will be able to follow the principal applicant.

As in other visa programs, the H-5A category may lead to a "green card" or permanent residence

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Essential Worker Visa Program (H5-A visa)

A. Qualification for non-skilled labor jobs
  • prove they are capable of doing the job
  • must offer proof of employment
  • pay $500 application fee for the visa plus processing and adjudication
  • costs
  • iv. must pay for a medical examination, including immunization status
  • v. if the migrant has been in the US prior to the passage of this bill and meets all criteria based on health, security, and employment, they may pay $1,500 fine to receive an H5-A visa
  • vi. migrants residing in the US prior to the passage of the bill will not be required to leave the country, and all orders of deportation against them will be waived if they qualify for the H5-A visa
B. Validity of H5-A Visas
  • an H5-A visa is valid for 3 years, and is renewable once for one 3-year period
  • an H5-A visa will terminate if the migrant is unemployed for 45 days, and the migrant will be required to return to their home country
  • if the migrant receives another job offer once they have returned home within the life of a 3-year H5-A visa, the visa will still be valid
C. Mobility of H5-A Visa Holders
  • Migrants may travel to and from the U.S. without limitation during the life of their visa
  • Time spent outside the U.S. will not extend the life of the visa
D. Portability of H5-A Visas
  • a H5-A visa holder may change jobs without applying for a new visa during the 3 year period of validity
  • a H5-A visa holder will notify DHS of a change of address
E. Bar to Renewal
  • A willful violation of the terms of the visa (crimes, etc.) will result in inadmissibility for renewal
  • A migrant may apply for a waiver of the last section for technical violations, inadvertent errors, or violations where the migrant is not at fault
F. Employers hiring H5-A workers will be required to follow all federal, state, and local laws


G. Worker Protections
  • An H5-A worker may not be considered an independent contractor
  • An H5-A worker is protected by all federal, state, and local laws that protect U.S. workers
  • An H5-A worker will have all the federal, state, and local tax responsibilities as a U.S. worker
  • An H5-A worker is entitled to the same wages, benefits, and work conditions as a U.S. worker
  • An H5-A worker may not be used to replace striking laborers
  • It will be illegal for employers to threaten H5-A workers with the loss of their visas
  • An H5-A worker shall be protected from being fired for reporting violations of labor rights, or cooperating with investigations against their employer

Related Article: Plan to Send Immigrants Home Is Defeated
Related Article: Fact Check: Responding to Key Myths
Related Article: Fact Check: Responding to Key Myths 2
Related Article: The New Comprehensive Immigration Reform


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