How to qualify for an H-1B Visa

To qualify for an H-1B Visa you need to

1) Have a college bachelors diploma (and license if required in that field) or at least three years experience in a specialized field/occupation to which you are applying in the U.S. (preferably in a specialized field)

2) you are a distinguished fashion model recognized internationally for your work (fashion models don't need to meet the educational or experience criteria.)

3) a job offer from an employer in the U.S. paying you the same wage paid to similar workers in that geographic location or by that employer.

4) passs certifying exam (doctors only) and an English competency exam TOEFL.

5) your employer must file an attestation with the Department of Labor.

H-1B Visas--the cap on the number of visas issued each fiscal year

There are only 85,000 “new” H-1B visas available per year pursuant to the USCIS. The government and consulars accept applications on April 1 (or the first business day after April 1) for work to begin on October 1. Not all cases are subject to the cap. The cap does not apply if you are getting an extension of an H-1B you already possess, or a renewal. Also, "if you are being sponsored by an institute of higher education or a non-profit research institute affiliated with an institute of higher education the cap does not apply." There is also another exemption and that is if you have had H-1B status in the past six years. If so, you are exempt from the cap if you have not left the US for more than a year since that time

NAFTA TN VISAS vs. H-1B VISAS which should you get?

There are similarities and differences between the TN visas and the H-1B Visas. Overall, the TN visas offer more advantages than the H-1B visas.


· TN visas are not subject to an annual cap

· TN visas can be renewed indefinitely

· TN visas cover a broader range of professions and job descriptions

· There are no wage requirements for TN visas

· Canadian citizens can obtain a TN visa at the border, meaning there is no wait for the visa

· A TN visa can be obtained by a person who has held H-1B status for the full six years without fulfilling the requirement of spending one year outside the US, a requirement that must be complied with before obtaining other nonimmigrant work visas

However, the following must be considered before deciding on a TN visa vs. an H-1B Visa:

"Unlike H-1B visas, the TN visa is not a “dual intent” visa. That is, where a person on an H-1B visa may pursue permanent residency without having their visa revoked because they now have immigrant intent, a person on a TN visa cannot pursue permanent residency without risking their TN status.

Also, experience cannot be used as a substitute for the degree requirement

A TN visa can be denied if the Department of Labor certifies that there is a strike or other work stoppage, the resolution of which would be adversely affected by the admission of the TN nonimmigrant

TN visas provide for the admission of those who will be engaged in “activities at a professional level” in the US. “Activities at a professional level” are defined at those that require at least a bachelor’s degree or credentials and experience demonstrating that the person is a professional. Self-employment is not permissible on a TN visa, but the H-1B non-immigrant can work for a company in which they have an ownership interest, even a controlling interest."

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

How does a Canadian get a NAFTA TN VISA?

Canadian citizens are not required to obtain a visa, but instead receive TN status with the USCIS at a "Class A" port of entry or at U.S. Preflight Inspection Stations. To receive TN status, you may have to submit the following documents at the port of entry:


1. Proof that you are a Canadian citizen - Original passport or birth certificate

2. A letter from the prospective U.S. - based employer offering you a job in the U.S., which is included on the professional job series (NAFTA list)

3. College degrees and employment records establishing your qualification for the prospective job

4. Proof of a license to practice the profession if one is required in the state of intended employment

Simply present these documents at the port of entry to USCIS, the consulate or the port officer and you will be given TN status . You can renew your TN visa Indefinitely. Your children will get TD status if under 21 and can attend school in the U.S. and your spouse can work. You must be able to show that you intend to depart the U.S. upon completion of your professional activities within the U.S.

Which professions are considered NAFTA professions?

NAFTA Professional Job Series List
PROFESSION MINIMUM EDUCATION REQUIREMENTS AND ALTERNATIVE CREDENTIALS


Accountant
Baccalaureate or Licenciatura Degree; or C.P.A, C.A., C.G.A., or C.M.A.

Architect
Baccalaureate or Licenciatura Degree; or state/provincial license

Computer Systems Analyst
Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post Secondary Certificate and three years experience

Disaster Relief Insurance Claims Adjuster (Claims Adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster)
Baccalaureate or Licenciatura Degree and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims

Economist
Baccalaureate or Licenciatura Degree

Engineer
Baccalaureate or Licenciatura Degree; or state/provincial license

Forester
Baccalaureate or Licenciatura Degree; or state/provincial license

Graphic Designer
Baccalaureate or Licenciatura Degree; or post-secondary diploma and three years experience

Hotel Manager
Baccalaureate or Licenciatura Degree in hotel/restaurant management; or post-secondary diploma or post-secondary certificate in hotel/restaurant management and three years experience in hotel/restaurant management

Industrial Designer
Baccalaureate or Licenciatura Degree; or post-secondary diploma or post-secondary certificate, and three years experience

Interior Designer
Baccalaureate or Licenciatura Degree; or post-secondary diploma or post-secondary certificate, and three years experience

Land Surveyor
Baccalaureate or Licenciatura Degree or state/provincial/federal license

Landscape Architect
Baccalaureate or Licenciatura Degree

Lawyer (including Notary in the province of Quebec)
L.L.B., J.D., L.L.L., B.C.L., or Licenciatura degree (five years); or membership in a state/provincial bar

Librarian
M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura degree was prerequisite)

Management Consultant
Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant , or five years experience in a field of specialty related to the consulting agreement
Mathematician (including statistician)
Baccalaureate or Licenciatura Degree

Range Manager/Range Conservationist
Baccalaureate or Licenciatura Degree

Research Assistant (working in a post-secondary educational institution)
Baccalaureate or Licenciatura Degree

Scientific Technician/ Technologist
Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research

Social Worker
Baccalaureate or Licenciatura Degree

Sylviculturist (including forestry)
Baccalaureate or Licenciatura Degree

Technical Publications Writer
Baccalaureate or Licenciatura Degree, or post-secondary diploma or post-secondary certificate, and three years experience

Urban Planner (including Geographer)
Baccalaureate or Licenciatura Degree

Vocational Counselor
Baccalaureate or Licenciatura Degree

MEDICAL/ALLIED PROFESSIONALS
Dentist
D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license

Dietitian
Baccalaureate or Licenciatura Degree; or state/provincial license

Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States)
Baccalaureate or Licenciatura Degree; or post secondary diploma or post secondary certificate, and three years experience

Nutritionist
Baccalaureate or Licenciatura Degree

Occupational Therapist
Baccalaureate or Licenciatura Degree; or state provincial license

Pharmacist
Baccalaureate or Licenciatura Degree; or state provincial license

Physician (teaching or research only)
M.D., Doctor en Medicina; or state/provincial license

Physiotherapist/Physical Therapist
Baccalaureate or Licenciatura Degree; or state/provincial license

Psychologist
State/provincial license; or Licenciatura degree

Recreational Therapist
Baccalaureate or Licenciatura Degree

Registered Nurse
State/provincial license or Licenciatura degree

Veterinarian
D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license

SCIENTIST

Agricultural (Agronomist)
Baccalaureate or Licenciatura Degree

Animal Breeder
Baccalaureate or Licenciatura Degree

Animal Scientist
Baccalaureate or Licenciatura Degree

Apiculturist
Baccalaureate or Licenciatura Degree

Astronomer
Baccalaureate or Licenciatura Degree

Biochemist
Baccalaureate or Licenciatura Degree

Chemist
Baccalaureate or Licenciatura Degree

Dairy Scientist
Baccalaureate or Licenciatura Degree

Entomologist
Baccalaureate or Licenciatura Degree

Epidemiologist
Baccalaureate or Licenciatura Degree

Geneticist
Baccalaureate or Licenciatura Degree

Geochemist
Baccalaureate or Licenciatura Degree

Geophysicist (including Oceanographer in Mexico and the United States)
Baccalaureate or Licenciatura Degree

Horticulturist
Baccalaureate or Licenciatura Degree

Meteorologist
Baccalaureate or Licenciatura Degree

Pharmacologist
Baccalaureate or Licenciatura Degree

Physicist (including Oceanographer in Canada)
Baccalaureate or Licenciatura Degree

Plant Breeder
Baccalaureate or Licenciatura Degree

Poultry Scientist
Baccalaureate or Licenciatura Degree

Soil Scientist
Baccalaureate or Licenciatura Degree

Zoologist
Baccalaureate or Licenciatura Degree

TEACHER

College
Baccalaureate or Licenciatura Degree

Seminary
Baccalaureate or Licenciatura Degree
University
Baccalaureate or Licenciatura Degree

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