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Category Archives: Employment-Based

July 17, 2021
July 17, 2021

Are you one of the nearly 6 million nationals of Singapore or one of the 19 million nationals of Chile who wants to come to the United States? If so, congratulations–if you are interested in working in the United States, you have a built-in path specifically for you through the H-1B1 visa.

Of course, this visa is not exactly a “free for all”– there are certain conditions that an applicant must satisfy in order to apply for an H-1B1, namely, they must demonstrate the following:

That the job offered is a “specialty occupation”, meaning that the occupation requires a theoretical and practical application of a body of highly specialized knowledge and a bachelor’s or higher degree in the specific specialty (or its equivalent) is the minimum entry requirement for occupation in the United States;
That the foreign national possesses a bachelor’s or higher degree in the specific specialty (or its equivalent); and,
That the employment is only for a “temporary basis” (i.e., although the H-1B1 can be renewed indefinitely, the foreign national must demonstrate that they do not intend to remain or work permanently in the United States).

However, assuming that an applicant satisfies these requirements, the H-1B1 process is an amazing opportunity. The primary difficulty in moving forward with this application is in knowing how to complete the process. Having successfully completed numerous H-1B1 applications (both through a foreign consulate and through change of status applications in the United States), we are well familiar with the process. We hope the following step-by-step guide provides you with assistance in understanding the general process of applying for an H-1B1 visa in greater detail:

1. Verify Petitioner’s Employment Identification Number (EIN) — Before proceeding with the filing, a U.S. petitioner should get their EIN verified by emailing a copy of EIN documentation to [email protected] . The subject line should say “Attn: LCA Business Verification Team”. It should only take a few hours on average for them to verify the EIN.

2. Obtain SOC/O*Net Code — Next, the Petitioner will need to confirm whether the offered job is in fact a “specialty-occupation” (i.e., one that requires at least a bachelor’s degree or its equivalent to perform) as required by federal regulations. It is most helpful to reference the following websites in selecting a code:
(1) For salary, consult with FLC Data Center: https://www.flcdatacenter.com/
(2) For SOC/O*Net Code, google occupation name and frequent O*Net site to find the most accurate code. https://www.onetonline.org/

3. File Labor Condition Application — After the EIN is verified and the SOC/O*NET code is selected, the Petitioner should then proceed with filing the ETA-9035 (e.g., the Labor Condition Application) with the Department of Labor at https://flag.dol.gov/. It takes approximately six (6) days for the LCA to be certified. Please note that the LCA should not be filed more than 180 days before the Employee’s proposed starting date.

4. Send LCA/Notice of Filing to Employer — While the LCA is pending with the Dept. of Labor, the Employer should either forward a “Notice of Filing” apprising other workers in the same employment position as the offered job, or, post the LCA itself at the place of employment. The employer should post the Notice of Filing or the LCA wherever the Employer normally publishes any notices.

5. Complete Forms and Supporting Documents — With all of the foregoing work done, the next step depends on whether the Petitioner is filing for a change of status in the United States or through consular processing is to complete the following forms:

a. Change of Status with USCIS

If the proposed employee is in the United States and wishes to file for a change of status without leaving the U.S., the employer should file the following forms with USCIS:
Filing Fees
Form I-129, fee of $460.00
ACWIA Fee (either $750.00 or $1,500.00 depending on whether the Employer has 25 or less employees)
Anti-Fraud Fee of $500.00
Form I-129
Form I-129H
Form I-129W
Certified ETA-9035; and,
All required documents (listed below).

b. Consular Processing
Alternatively, if the applicant is applying for an H-1B1 visa abroad, the Petitioner will not file any paperwork–the Beneficiary will complete the required DS-160 and schedule their own appointment at the foreign consulate, the filing fee is only for $205.00 USD. The Beneficiary will also need to bring all of the required documents to their interview for the H-1B1 visa.

Required Documents: To file the H-1B1 application, the following documents should be provided:

From the Employer:
Job Offer Letter
Job Description (Describe Duties, Hours, Proposed Salary, Etc.)
Employment Contract
Evidence that Business is Bona-Fide (i.e. Taxes, Utility Bills, Bank Statements, Photographs, etc.)
O*NET Job Summary
Postings of Similar Jobs (to show that they require BA/BS Degree, specialty occupations)
From the Employee:
Resume from Employee
Evidence of Employee’s BA/BS Degree (or Academic Equivalency Evaluation if they have a foreign degree)
If you are presently in the United States, Evidence of Maintenance of Non-immigrant Status (i.e. I-20s, I-94, etc.)
If applicable, evidence of qualifying relationship between derivative and primary applicant.

We hope the following information is helpful to you in considering the totality of the process involved in applying for an H-1B1 visa. The ImmiVisa Law Group is skilled in preparing H-1B1 applications in a number of different industries and job positions. We are available to provide further consultation with both employers and prospective employees to discuss this process further. Please schedule a consultation today for further questions.

Disclaimer: The article is provided only for general information, convenience and reference purpose only and should not be relied on as legal advice. Please consult with an attorney before proceeding with your application.

June 18, 2021
June 18, 2021

1. WHAT IS A TN VISA?

TN stands for Trade NAFTA (North American Free Trade Agreement). It is a non-immigrant employment visa that allows citizens of North American countries, namely Canada and Mexico, to engage in business activities at a professional level within the U.S. The purpose was to strengthen business and trade relations between the three countries; the United States, Canada, and Mexico.

Among the types of professionals eligible to seek admission as TN non-immigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers.

There are two types of TN status.

  1. TN-1 is for Canadian professionals,
  2. TN-2 is for Mexican professionals.

The TN Visa is valid for one year, but it is granted for three years as per the current laws and regulations. The TN visa can be renewed indefinitely until you have the intention to stay permanently in the United States or if there is no longer employment under the NAFTA list.

2. REQUIREMENTS FOR TN VISA

There are few requirements a Mexican or Canadian have to meet before applying for a TN Visa.

  • The applicant has to be a citizen of Canada or Mexico (Permanent Residency won’t suffice).
  • The profession should be on the NAFTA list. There are 60 professions on the list.
  • There has to be a pre-arranged part-time or full-time job with a U.S. employer.
  • There is no intention to stay permanently in the U.S.
2.1 TD VISA FOR THE SPOUSE AND CHILDREN OF TN VISA HOLDERS

A TD visa is the dependant visa for TN visa holders, which is valid until the TN visa holder’s visa expires. This visa is for spouses and children under 21 years of TN visa holders eligible for non-immigrant TD visas. They do not qualify for a work permit but are permitted to study in the United States.

3. PROS OF TN VISA

  • A TN visa holder can work as a professional in the U.S for a U.S. company or a Canadian or Mexican company doing business in the U.S.
  •  The process for Canadians under this category is relatively quick, with no petition required. Canadian’s can obtain a TN visa at the border crossing.
  • While the requirements are fulfilled, the TN visa holder can renew indefinitely.
  • TD visa/status for the dependents of the TN visa holders is valid until the time the TN visa holder’s status expires.
  • There is no cap or limit for Canadians under this category.

4. CONS OF A TN VISA

  • The TN visa is not a dual intent visa. This means you cannot have the intention to stay in the U.S permanently.
  • The spouse and children are not eligible for a work permit or authorized to work in the U.S.
  • The profession has to be listed in the NAFTA list, which is currently only 60 occupations.

5. CONCLUSION

The TN visa, or TN status as it is sometimes called, is a type of visa that a citizen of Canada or Mexico can apply for. The applicant must have a job listed in the NAFTA list before applying. The application procedure is not complicated, and for Canadians, it is much simpler. The Canadians or Mexicans who do not come under the list of NAFTA professionals can apply for another type, i.e., H1B visa. These other visas allow for Dual Intent, meaning if the applicant intends to become a permanent resident of the U.S., they can apply for it with that intention. There are other visas like L1 or E visas. The applicant should apply as per his purpose, duration, and intention of stay. The applicant should also remember the merits and demerits of the visa and apply accordingly.

At US Immi Visa, we are a dedicated team specializing in TN and TD visas, able to help you through the entire process. Whether you are a Mexican or Canadian citizen, we can help guide you through the process. Contact us today for a free consultation to discuss TN visas.