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The H-1B category is an expedient and lawful method to bring foreign-born professionals temporarily to the United States, and therefore one of the most widely sought after visa classifications for employment in the United States.
An individual may work in H-1B status for a maximum of six years. However, a petition will not be granted for more than three years. An extension of stay is requested if an individual is in H-1B status already and he or she is eligible for a longer period of employment.
USCIS will generally not grant a petition for self-employed people. A petition may be filed by a job contractor, namely a person or entity that pays its employees for services performed at the work sites of other employers.
Please note that it is possible to get your H-1B visa approved for more than 6 years in some cases depending upon your employment based green card processing status. Please refer to the appropriate section here to find out more how you can extend your H-1B visa for more than 6 years, either 1 year at a time or 3 years at a time.
The advantage of an H1 visa is that you can work legally in the US in non-immigrant status, get the visa quickly after the petition is approved, you may travel in and out of the US or remain in the US until the visa expires and H4 visa is available for accompanying family member (spouse and minor children under 21).
You can not file H1 for yourself.
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Overview
NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States,
Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals
to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work
as a NAFTA professional.
How Can Professionals from Mexico and Canada Work in the United States?
Professionals of Canada or Mexico may work in the U.S. under the following conditions:
- Applicant is a citizen of Canada or Mexico;
- Profession is on the NAFTA list;
- Position in the U.S. requires a NAFTA professional;
- Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation
required). Self employment is not permitted;
- Professional Canadian or Mexican citizen has the qualifications of the profession
The requirements for applying for citizens of Canada and Mexico, shown below, are different.
Requirements for Canadian Citizens
Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants
upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to
enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.
A Canadian citizen without a TN visa can apply at a U.S. port of entry with all of the following:
- Request for admission under TN status to Department of Homeland Security, Customs and Border Protection, US immigration officer;
- Employment Letter - Evidence of professional employment. See Employment Letter below;
- Proof of professional qualifications, such as transcripts of grades, licenses, certificates, degrees, and/or records of previous
employment;
- Proof of ability to meet applicable license requirements;
- Proof of Canadian citizenship- Canadian citizens may present a passport, as visas are not required, or they may provide secondary
evidence, such as a birth certificate. However, Canadian citizens traveling to the United States from outside the Western
Hemisphere are required to present a valid passport at the port-of-entry;
- Fee of U.S. $50
Requirements for Mexican Citizens
As of January 1, 2004 the procedures were simplified for Mexicans by removing the requirement for petition approval and for
filing of a labor condition application. Mexicans are no longer subject to numerical limitation for these professionals. Mexican
citizens still require a visa to request admission to the United States.
The employer in the U.S. must provide to the applicant a Letter of Employment in the United States. The letter must indicate
that the position in question in the US requires the employment of a person in a professional capacity, consistent with the
NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1.
Mexican citizens may apply at consular sections around the world for a NAFTA professional (TN) visa. As part of the visa application
process, an interview at the embassy consular section is required for most visa applicants. As part of the visa interview,
a quick, two-digit, ink-free fingerprint scan can generally be expected. The waiting time for an interview appointment for
most applicants is a few weeks or less, but for some embassy consular sections it can be considerably longer. Each Mexican
applicant for a TN visa must submit these forms and documentation, and submit fees as explained below:
- An application, Nonimmigrant Visa Application, Form
DS-156
- Supplemental Nonimmigrant Visa Application, Form DS-157
- A passport valid for travel to the United States
- One (1) 2x2 photograph
- Letter of employment in the United States (see above)
Additionally, as
non-immigrants, applicants must demonstrate that their stay is a temporary period that has a reasonable, finite end that does not equate to permanent residence.
Additional Documentation or Qualifying Requirements
Additionally, applicants must demonstrate that they are properly classifiable as NAFTA Professional for TN visa, under U.S.
law by:
- Education Requirement- The applicant's employer must submit proof that the applicant meets the minimum education requirements or has the alternative
credentials set forth in NAFTA agreement, chapter 16 appendix 1603.d.1. Evidence of professional qualifications may be in
the form of degrees, certificates, diplomas, professional licenses, or membership in a professional organization. Degrees,
diplomas, or certificates received from an educational institution outside the United States, Canada, or Mexico must be accompanied
by an evaluation by a reliable credentials evaluation service specializing in evaluating foreign documentation.
- Work Experience Requirement - Document proving to the applicant's experience should be in the form of letters from former employers. If the applicant was
self-employed, business records should be submitted proving that self-employment.
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