Men from the construction industry, working on the work of a building under construction. Placing slab pieces made with steel and concrete.
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By Yadira Zepeda
Managing Attorney

Construction work helps shape the future of Texas—from high rises in Houston to homes in rural communities. Many of the workers behind that progress are immigrants, and some are unsure where they stand legally. If you’re in construction and concerned about your immigration status, you’re not alone. Here, we’ll walk through visa options that may be available to you, including temporary work permits, green cards, and other forms of relief.

H-2B Visa for Temporary or Seasonal Workers 

The H-2B visa allows U.S. employers to bring foreign workers here for temporary, non-agricultural jobs. Many construction positions fall into this category, especially during peak building seasons.

Here’s how it works:

  • Your employer must file the application on your behalf.
  • The job must be temporary in nature—seasonal, short-term, or one-time need.
  • There’s a cap on how many H-2B visas are available each year, and they go fast.

You must leave the U.S. after the visa period ends unless your employer applies to extend it. This option tends to work best for workers outside the U.S. who are recruited for a specific project. If you’re already working in Texas without documents, this probably won’t apply right now—but it may help someone you know, or be something to explore with a future employer.

Employment-Based Green Cards for Skilled Workers 

If you have construction skills and a solid work history, you may qualify for a green card under the EB-3 category. This path is meant for skilled workers with at least two years of experience or training.

Here’s what you’ll need:

  • An employer who’s willing to sponsor you
  • Proof that your role requires specific training or experience
  • A labor certification from the Department of Labor 

This option takes time. The employer must show that there aren’t qualified U.S. workers for the job and must go through a formal process. But it’s worth considering if you’ve been with the same company for a while and have a clean work record. Unlike temporary visas, a green card can lead to permanent residency—and eventually citizenship. If you’re serious about staying in the U.S. long-term, this might be a good path to explore.

Deferred Action and Other Humanitarian Options 

Not everyone has an employer who can help with paperwork. If you’re undocumented or worried about deportation, there are other options worth looking into.

You may qualify for:

  • DACA, if you came to the U.S. as a child and meet certain guidelines
  • U visas, if you’ve been the victim of a serious crime, including abuse or exploitation at work
  • TPS, if you’re from a country affected by war, natural disaster, or other emergencies

These programs don’t apply to everyone, but if something in your past lines up, they could offer protection and work authorization. 

Steps You Can Take to Strengthen Your Case 

No matter which visa or status you’re aiming for, good records can make all the difference. Start keeping track of the work you do and any issues you face on the job.

Some helpful steps include:

  • Holding on to pay stubs, timecards, or work schedules
  • Keeping copies of any certifications or training
  • Saving texts, emails, or notes from your employer
  • Writing down incidents of unsafe conditions, threats, or harassment

Even if your case isn’t ready to file right now, getting organized early helps you stay ready. We’ll walk you through what matters and what you don’t need to stress about.

How We Can Help 

At Zepeda Law Firm, we’re proud to serve the workers who help build Texas—especially those who feel like they’ve been forgotten or pushed aside. We know immigration paperwork can feel overwhelming. But you don’t have to figure it out alone.

We’ll talk with you about your goals, your work history, and your options. Then we’ll help you take the next steps, whether that means applying for a visa, filing a petition, or simply learning what to watch for. Your hard work matters and your future does too. Call us today to get started.

About the Author
Yadira Zepeda, is the principal attorney and founder of Zepeda Law Firm, PLLC. With over 18 years of immigration law experience, representing people from around the world, she is recognized in her field and community as an expert in the U.S. Immigration laws. She has built her practice on mostly referrals as her aim has always been to be more intimate and personal with clientele. While other firms have paralegals conduct consultations, she handles all initial consults with clients and oversees each case. Her goal is to provide kindness and sincerity to each case in a very intimidating process.