H and TN Visas

H1B Speciality Occupation

Practical experience along with at least a bachelor’s degree or its equivalent is required for this US working visa. The H-1B visa is also used for fashion models of distinguished merit ability.

Initially get three (3) years a total of six (6) years under the H-1B visa.

Cap of 65,000 H-1B visas per year (an additional 20,000 if you have a Masters degree). Exceptions apply where Cap is not counted.

The employee must have at least a bachelor’s degree, or its equivalent in foreign studies or work experience or a combination of both. If the education was obtained abroad, or if the equivalent is obtained through work experience, the applicant must obtain an Equivalency Evaluation Report conducted by an evaluation company that is recognized by Immigration.

H-4: Dependents -Wife and children(under 21 years), cannot work – No EAD; but they may attend school, will be able to get drivers license).

May apply for Permanent Residence (Green Card) with same or different sponsoring company. No dual intent problem.

Can work for concurrent employers under the H-1b visa(work two different H-1B jobs).

Can work either full or part time under the H-1B visa.

H2A (Temporary Agricultural Workers)

Worker must be coming temporarily to the U.S.; performing temporary agricultural services.

Employer must demonstrate no U.S. worker’s being capable and available – 50% rule applies, requiring employers to hire qualified U.S. farm workers who apply for the job until 50% of the contract period has been completed.

Employer must conduct recruitment, including through SWA job banks.

In the event of termination by employer, must pay transportation costs back to home country.

H2B Visa (Temporary Workers)

This visa is a great way for people who want to enter the U.S. temporarily, and engage in non-agricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence. Spouses and unmarried children under 21 years can enter the U.S. with the H-2B visa holder but they are do not have work rights in the U.S.

The H2B visa is used to staff temporary, nonagricultural positions for which qualified U.S. worker(s) are unavailable.

Cap Issues: Only 33,000 H-2B workers can be approved for each 6 month period

H1C (Nurses)

Maximum period of stay permitted is three (3) years.

TN Visa

TN STATUS IS FOR CANADIANS AND MEXICAN CITIZENS ENGAGED IN ACTIVITIES AT A PROFESSIONAL LEVEL (very similar to H-1B visa except no statutory limitation on stay and covers broader range of jobs):

The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

TNs are admitted for three (3) years and can renew indefinitely.

Employee must have at least a baccalaureate degree or appropriate credentials demonstrating status as a professional.

Canadian citizens are not required to apply for a visa with a U.S. consulate or file a petition with USCIS. When requesting admission as TN workers at a U.S. port-of entry, however, they must provide proof of citizenship, a letter from their prospective employer detailing items such as professional capacity, purpose, length of stay, and educational qualifications. They may also need to provide credential evaluations. Following inspection by a U.S. Customs and Border Protection (CBP) Officer, an eligible Canadian citizen will be admitted as a TN nonimmigrant with a Form I-94 as evidence of such admission.

Mexican citizens seeking TN nonimmigrant classification do not need to file a petition with USCIS. However, a visa is required for Mexican citizens to enter the United States in the TN nonimmigrant classification. Therefore, Mexican citizens should apply for a TN visa directly at a U.S. consulate in Mexico.

As with H-4, dependents of TN cannot work, but may attend school and eligible to get a driver’s license.