Last Updated on July 14, 2024 by Anda Malescu
Here, we discuss visa options for truck drivers to work in the United States. The U.S. has been experiencing a persistent shortage of qualified commercial truck drivers for a while now, but the COVID-19 pandemic has made the shortage even more acute.
The pandemic prompted many older drivers to opt for early retirement, and it also forced many driving schools that train new commercial truck drivers to temporarily shut down operations due to COVID-19 measures. This in turn slowed down the flow of newly trained drivers, making the shortage of previous years more severe. On the positive side, the availability of vaccines and reopening of the US economy has driven demand and prices for transportation services higher.
For the companies that are able to successfully recruit qualified commercial truck drivers there are substantial financial rewards. In order to do that trucking companies have increased pay, offer sign up bonuses of up to $5,000, and recruit aggressively over multiple platforms.
When financial incentives are not enough simply because there are not enough licensed commercial truck drivers in the United States what can trucking companies do?
Visa Options for Truck Drivers
An option to address the shortage is to bring qualified commercial truck drivers from abroad to fill in vacant spots. There are experienced truck drivers that might be looking to open new chapters in their careers by driving in the US or might be that demand and rates for transportation services are lower in the drivers’ home countries as the COVID-19 pandemic continues unabated throughout most of the developing countries.
Generally, US trucking companies have the choice to bring commercial truck drives on a temporary basis to fill short-term needs by sponsoring them nonimmigrant visas or on a permanent basis and sponsor the drivers for a permanent residency (green card). Below we summarize both options.
H2B Visa for Truck Drivers
US trucking companies can use H-2B visa to hire foreign commercial truck drivers. The H-2B visa program is designed to help U.S. employers that encounter difficulties hiring because of shortages of U.S. workers that are willing and able to perform nonagricultural labor.
The H2B visa program allows employers to fill positions for nonagricultural labor by hiring employees from abroad on a temporary basis for an initial term of 9 to 12 months. Employers can extend H2B visas if the need persists for up to 3 years.
To sponsor a worker for H-2B an employer has to first obtain a temporary labor certification from the Department of Labor (DOL). That involves getting a prevailing wage determination from the DOL which states how much is the minimum the worker should be paid and advertising the H-2B position under DOL guidance before it can become available to foreign workers.
In addition, the employer has to show the temporary nature of the position by stating the need that it addresses. The options, as defined by the DOL, are one-time occurrence, seasonal need, peak load need and intermittent need.
After obtaining the labor certification from the DOL, the US employer has to submit a petition with the US Citizenship and Immigration Services (USCIS). The H-2B visa offers a significant advantage: employers can file a single petition to bring in multiple workers.
Upon approval of the petition the selected workers have to go their nearest US consulate to obtain a visa stamp before they can come and start employment in the US.
To learn more about the requirements visit our H-2B visa requirements page.
EB3 Visa for Truck Drivers
The EB-3 Employment-Based Permanent Resident category allows US employers to hire unskilled foreign workers (requiring less than 2 years training or experience) in a permanent capacity.
To successfully sponsor a foreign truck driver for a green card, the employer must be able to demonstrate to the DOL that there are insufficient workers in the US to fill the role. The severe shortage of commercial truck drivers is well-established and documented, making the argument that there are not enough qualified US workers to fill these positions very persuasive.
Similar to H-2B visa, the EB-3 also requires a PERM labor certification from the DOL with both prevailing wage and position advertising requirements. However, the process is a little lengthier as the certification is for a permanent position.
Once DOL approves the labor certification, the employer can subsequently file a Permanent Resident petition application with USCIS. If the USCIS approves the petition, the employee has to go either to the nearest US consulate to obtain the immigrant visa or if in the US, apply for adjustment of status with the USCIS.
The EB-3 is a more lengthy and costly process than the H2-B but has the advantage in solving the driver shortage on a permanent basis. To learn more, visit our EB-3 visa page and adjustment of status vs. consular processing.
Once the truck driver enters the US either on a temporary H2-B visa or as green card holder, they have to obtain a commercial driving license (CDL). Only truck drivers from Canada or Mexico may be able to use the CDLs issued by their own countries as the US government recognizes foreign CDLs issued by the federal government of Mexico and the provinces and territories in Canada.
In most U.S. states, the process to obtain a CDL takes 2-3 weeks.
Malescu Law can assist
If you are U.S. trucking company seeking to hire foreign commercial truck drivers, contact us, your trusted immigration law firm in Miami, Florida USA to schedule an appointment.
Our experienced business and immigration lawyers in USA can assist employers across across all 50 states, the District of Columbia, and Puerto Rico with H-2B or EB-3 visa applications.
Malescu Law P.A. – Immigration Lawyers
