More Temporary Work Permits Needed to Meet IL Workforce Requirements

 Posted on July 24, 2024 in Immigration

As of 2016, undocumented immigrants comprised more than 5 percent of the workforce in Illinois. While current numbers are not available, the percentage of undocumented workers is almost certainly higher today. Yet across the state of Illinois, many industries that depend heavily on undocumented workers are experiencing a labor shortage crisis. One such industry is landscaping. While landscaping is an industry growing by leaps and bounds in the state, there are not enough entry-level workers to meet the current needs.

Expanding temporary work permits would significantly increase the number of workers who could fill landscaping spots, as well as other industry gaps that rely heavily on undocumented workers. State lawmakers in Illinois are limited in what they can do since work permits are a federal issue. During the last week of the IL legislative session in June 2024, both chambers passed a resolution asking the President to issue work permits to undocumented immigrants, particularly those who have lived and worked in the U.S. for many years.    

The theory is that when more temporary work visas are issued, the incentive for illegal border crossings significantly diminishes. Further, legislators propose that immigrants who have been in the United States for years should move to the front of the line for consideration for these temporary work visas. If you are seeking a temporary work visa, it is important that you work with an experienced attorney from Mevorah & Giglio Law Offices who can ensure you have the best chance of success.

What Are Temporary Work Visas?

When employment is for a fixed period, an individual presented with a work opportunity in the U.S. who is a citizen of another country must apply for a temporary work visa. There are a number of categories of temporary work visas, most of which require the prospective employer to submit a petition on behalf of the worker.  The three most common types of temporary work visas include: 

• H-1B—Person in Specialty Occupation—This temporary work visa is for those who wish to work in an occupation that is considered "specialized." Those wishing to apply must have either the equivalent of a U.S. bachelor’s degree in the country of origin or experience in the occupation that equals the degree. The sponsoring U.S. employer must pay the person the prevailing wage and file a petition on their behalf. Specialty occupations can be found in architecture, medicine and health, engineering, social sciences, mathematics, physical sciences, the arts, business specialties, education, accounting, and other industries. H-1B status is granted for an initial period of up to three years and can be extended for another three years.  
• H-2A—Temporary Agricultural Worker—This work visa is for workers who intend to perform temporary or seasonal agricultural work. Picking fruits and vegetables is a primary type of temporary agricultural work. The person applying for an H-2A work visa must come from a designated country.    
•  H-2B—Temporary Non-Agricultural Worker—This work visa is for workers who wish to perform seasonal or temporary non-agricultural work. Landscapers and groundskeepers account for more than a third of all H-2B jobs. Other H-2B jobs include forestry workers, traveling carnival workers, maids, housekeepers, construction workers, restaurant workers, and meat and fish processors.  

How Would an Increase in Temporary Work Visas Help the Illinois Economy?

Current work visa options are simply out of date in terms of offering realistic options for immigrant workers in Illinois. As an example, dairy farmer workers are not eligible to apply for agricultural worker visas because dairies are year-round operations (rather than seasonal). The state of Illinois has the fifth-largest Hispanic population in the United States. Many of these people are U.S.-born and full citizens, while others are legal permanent residents.

Many others are undocumented immigrants who came to Illinois to work hard and provide for their families. During a news conference in June 2024, a group of pro-immigrant organizations claimed that more than 400,000 immigrants have worked in the state for decades without work permits. U.S. Regarding the situation, Representative Jesus Garcia said, "…they ought to have the opportunity to live, to work, and to be a part of our community."

Contact a DuPage County, IL Work Visa Lawyer  

Those seeking a temporary work permit or those who have any type of immigration issue should speak to a  Naperville, IL work visa lawyer. An experienced attorney from Mevorah & Giglio Law Offices is ready to answer your questions and help you achieve your goals. We have been serving the needs of immigrants throughout Northern Illinois for more than 40 years. Contact Mevorah & Giglio Law Offices at 630-932-9100 to schedule your free consultation.