H-1b Visas--where to mail the petition

Your employer must mail TWO ORIGINAL COPIES (duplicates will not be accepted) to the USCIS service center having jurisdiction over your emplyer's business. There are only 4 such centers in the United States. You must see http://www.uscis.gov/ for the addresses and p.o. box numbers for these service centers.

After the USCIS receives the petition, they will issue you a file number and send written confirmation that the papers have been received to your employer. Expect your visa's approval within three to six months. But you can get expedited service if you pay an extra $1,000.00 above the usual filing fee. This gets you a decision in about 15 days or so. The USCIs will send your employer a Form I-797 Notice of Action.

You can now make an appointment with the consulate in your country for an interview (both you and your family will be interviewed by the consulate.) (Skip this step if you are Mexican or Canadian. You can just proceed with yoru I-797B and other supporting documents and request admission at the port.)

But for the rest of you, you have until the expiration date on your H-IB visa to enter the United States and request your visa stamp once you have been interviewed by the consulate in your home country. The border officer will examine your paperwork and if all is in order will stamp your passport with the Visa and give you an I-94 Card.

How does a Mexican get a NAFTA TN VISA?

Mexican citizens may apply at consular sections around the world for a NAFTA professional (TN) visa. To receive a TN visa, you must submit the following forms and documentation:

1. Form DS-156, Nonimmigrant Visa Application completed and signed

2. Form DS-157, Supplemental Nonimmigrant Visa Application by male applicants between 16-45 years of age

3. A passport valid for travel to the U.S. and with a validity date at least six months beyond your intended period of stay in the U.S.

4. One 2x2 photograph. (A photograph is not required if you are applying in Mexico.)

5. Your employer in the U.S. must provide a Letter of Employment in the U.S. The letter must indicate that the position in question in the U.S. requires the employment of a person in a professional capacity, consistent with the NAFTA

NAFTA Visas ("TN" Visas)--who can get them? And what are the qualifications?

NAFTA Visas are available to professionals who are citizens of Mexico and Canada under the North American Free Trade Agreement. The government has a list of professions that qualify as NAFTA professions. Even assuming a Canadian and Mexican immigrant meets the "profession" requirement, there are other requirements that must be met before the immigrant can qualify for a NAFTA Visa. Those requirements are as follows:

The profession must be one that is recognized under NAFTA.
The NON-immigrant must possess the specific criteria for that profession.
The position must require a worker in that professional capacity.
The employer must be an American employer

Employers must fill out form I-129 http://www.uscis.gov/files/form/I-129.pdf

Canadians and Mexicans have special immigration privileges

Because of NAFTA (North American Free Trade Agreement) Canadians and Mexicans have special privileges that other immigrants don't have with respect to working in the United States without a visa, or visiting the United States in the case of Canadians who are particularly favored in the United States perhaps more than any other group of foreign nationals. Canadians do not need a visa or passport to enter the U.S. for visiting purposes. Canadians and Mexicans can work without visas in certain cases such as:

Canadians
1. Language translation jobs where the Canadian citizen is an interpreter (canada)
2. tour conductor where the tour originates in Canada and us mostly in Canada
3.consulting in public relations and advertising, (Canada or Mexico)
4. research and design for a company (canada or mexico)
5. supervisor of harvesting agricultural crops (owner only) (canada or mexico)
6.purchasing a company (located in Canada or Mexico)
7. servicing equipment or machinery for sale (Canada or Mexico)
8.transporting goods or passengers into the U.S. (Canada or Mexico)

This list is not exhaustive.