H1-B Employment Visa
H1-B Employment Visa
H1B Employment Visa in Houston, TX Immgration Lawyer
Each year, this H1B visa program grants 65,000 temporary visas to high-skilled foreign workers with at least a bachelor’s degree who qualify to work in the U.S. for three to six years. Another 20,000 visas are awarded for noncitizens with advanced degrees from U.S. universities. In order to hire individuals through this program, a company with operations in the United States must file petitions, and confirm foreign workers will work in conditions similar to other employees and will be paid the prevailing wage rate for their positions.
It sounds simple, but the steps require significant time. We recommend to speak with us as early as you are thinking about it. Do not wait until you are 100% sure you want to hire this candidate. Consult with us in the early stages. Consider as your consultant. We can save you time and stress.
We are here to guide entrepreneurs and professionals every step of the way. We offer these services as a one-time service or monthly representation fee similar to an outside counsel consultation where you do not need to pay my payroll tax.
Develop the best H1B filing strategy for your company by understanding your business model, goals and long-term strategy.
Establish a robust immigration compliance program by auditing and reviewing your company’s public access files, I-9, and E-Verify. If you are a start-up or this is your first H-1B filing, we will work with you on policies and procedures as required by the USCIS and DOL.
Review and develop robust RFE (Request for Further Evidence) responses. We have worked on and responded to hundreds of RFEs successfully. During the RFE drafting process, we will work with your organization to collect the most relevant evidence as requested by the USCIS.
It sounds simple, but the steps require significant time. We recommend to speak with us as early as you are thinking about it. Do not wait until you are 100% sure you want to hire this candidate. Consult with us in the early stages. Consider as your consultant. We can save you time and stress.
We are here to guide entrepreneurs and professionals every step of the way. We offer these services as a one-time service or monthly representation fee similar to an outside counsel consultation where you do not need to pay my payroll tax.
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Not every profession qualifies for this type of visa. Generally speaking, qualifying “specialty” occupations are those requiring highly specialized and technical knowledge in fields including, but not limited to:
Accounting
Architecture
Biotechnology
Computing
Engineering
Education
Finance
Healthcare And Medicine
Information Technology
Law
Marketing
Mathematics
Telecommunications
The Arts
The Physical & Social Sciences
With one limited exception, foreign nationals cannot self-petition for H1B visas. Employers serve as the petitioners, with their foreign workers as the beneficiaries.
TN VISA
TN Visa
TN VISA - NAFTA Professionals
Under the North American Free Trade Agreement (NAFTA), certain citizens of Canada and Mexico are eligible to enter the U.S. to work temporarily under nonimmigrant TN status.
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The following are the requirements to be eligible for the TN Visa:
The profession must be on the NAFTA list.
The foreign national must possess the necessary training for that profession.
The proposed position must be classified as a professional position.
The foreign national must work for a U.S. employer.
It may sound simple, but the steps require significant time and in-depth analysis of your immigration history and the legal requirements. We recommend to speak with us as early as you are thinking about it. Do not wait until you are 100% sure you want to hire this candidate. Consult with us in the early stages. Consider as your consultant. We can save you time and stress. We keep you updated every time there is a notice from the government and new policies by the President (Executive Branch).
We are here to guide families every step of the way. We offer these services as a one-time fee or monthly representation fee.
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1. Length of Stay
With a TN visa, you can initially stay in the USA for up to 3 years. There is also no limit to the number of times you can extend your TN status. So through the TN classification, you may be eligible to lawfully live and work in the USA for several years.
2. No Quota
Unlike the H1B visa, there is no quota for the TN visa.
3. No Labor Certification Required
The TN visa classification does not require your US employer to get an approved Labor Certification
A Labor Certification certifies that the US employer was unable to find a suitable US worker to fill the position that they are hiring you for.
The process of getting an approved Labor Certification can be very timely.
To get a TN visa, your US employer does not need to get an approved Labor Certification. They can skip this process and just offer you a job.
4. No Visa Required for Citizens of Canada
Canadians are not required to get a TN Visa. Instead, they can apply for TN classification directly at a US Port of Entry (we will discuss this in more detail down below).
5. Immigration Benefits for Your Family
With a TN visa, your spouse and children may also be eligible for TD classification. With TD classification, they cannot work in the US but they can go to US schools.
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ELIGIBLE FAMILY MEMBERS
Spouse
Unmarried child
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To demonstrate that you have non-immigrant intent, you should show that your US assignment is temporary and has a predictable end date.
If possible, you should provide evidence that you have a foreign residence abroad and that you plan to maintain that foreign residence.
You should also provide evidence showing that you have strong ties to your foreign residence. Evidence showing strong ties to your foreign residence includes: a mortgage in your name for a foreign residence, foreign bank accounts, bills addressed to your foreign residence, a job offer to resume work in your home country upon completion of your TN assignment, etc.
Additional Points on Non-Immigrant Intent
Although your are required to have non-immigrant intent, this does not mean that your are prohibited from applying for a green card in the future.
Your non-immigrant intent is considered at the time of your application, visa issuance, and entry to the United States.
If sometime in the future, you decide to apply for a green card, this may still be permitted.
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One of the questions that I get asked quite often is whether a TN worker can go from TN visa to green card. The answer is YES.
The TN visa is a non-immigrant visa classification so it does not directly lead to a green card. To go from TN visa to green card you can either apply for an adjustment of status or apply for an immigrant visa abroad.
An adjustment of status is when you go from non-immigrant classification to immigrant classification. The entire process can be done within the USA without the need to go abroad. In order to do an adjustment of status, you must be lawfully present in the United States at the time the adjustment of status petition is filed. To do an adjustment of status, you must file a Form I-485 with USCIS.
Applying for an immigrant visa is different from doing an adjustment of status. Applying for an immigrant visa must be done at a US Consulate abroad. This process also requires you to undergo an visa interview at the US Consulate.
Regardless of whether you do an adjustment of status or apply for an immigrant visa, you will have to get approved for an immigrant classification by filing a Form I-140 with USCIS. That is step 1.
As a TN professional, one of the most common ways of going from TN visa to green card is by having your US company sponsor you for a green card through a job offer. In order to sponsor you for a green card through a job offer, the US company must apply for and get approved for a Labor Certification.
A Labor Certification is issued by the Department of Labor. To get a Labor Certification, the US company must show that it made efforts to secure a qualified US worker for the position but were unable to find a qualified US worker. Once the Labor Certification is approved, the US company is eligible to sponsor you for a green card.
Important Note: The TN classification requires that you must have non-immigrant intent. Getting approved for an immigrant petition can potentially conflict with the requirement to have non-immigrant intent. As you can imagine, an approval for an immigrant petition can be seen as clear evidence of immigrant intent. It is highly important to work with a experienced immigration lawyer, through the entire process of going from TN visa to green card.
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What is the Process of Obtaining TN Visa?
The process for getting TN classification is different for Mexican and Canadian citizens. To highlight the main differences, Canadian citizens do not need to apply for a TN visa. Instead, Canadian citizens can apply for TN status directly at a United States Port of Entry. Conversely, Mexican citizens must apply for a TN visa at a US Consulate before entering the US. Additionally, Canadian citizens have the option of filing an initial TN petition with USCIS and getting their TN pre-approved before seeking admission through a Port of Entry. Mexican citizens are not eligible to file an initial TN petition with USCIS. Instead, they must apply for a TN visa directly through a US Consulate.
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Canadian citizens have 2 options for getting TN classification.
Applying for TN classification directly at a United States Port of Entry
Submitting a Form I-129 Through USCIS
i. Applying for TN classification directly at a United States Port of Entry
Canadian citizens are not required to file a petition or application to get a TN visa. No form is required.
In addition, Canadians are, for the most part, exempt from needing a visa to enter the United States.
Instead, to get TN classification, a Canadian citizen can request TN classification at a United States Class A port of entry
To do this, a Canadian citizen must pay a $50 processing fee and provide the following evidence: 1. A valid Canadian passport; 2. Support statement from US employer; 3. Evidence of professional and educational qualifications; 4. Evidence of non-immigrant intent
At the port of entry, a Customs and Border Protection officer will analyze your evidence. The officer will likely ask questions regarding your planned job duties, professional background, etc.
If you satisfy the TN requirements and pass the interview, they will admit you into the US and grant you TN classification.
ii. Submitting a Form I-129 Through USCIS
If a Canadian citizen wants to, they may submit a petition through USCIS to get pre-approved for TN classification.
Specifically, the US employer will file a Form I-129 through USCIS on behalf of the TN worker. The US employer is the petitioner and the TN worker is the beneficiary.
In addition to the I-129, the US employer must also complete the TN supplement to the I-129.
Once the I-129 is approved, the TN worker can then take the approval notice, along with their Canadian passport and the complete I-129 along with all the supporting documents, to a United States port of entry.
At the port of entry, a Customs and Border Protection officer will review your documents and may ask questions regarding your TN petition.
Just because your I-129 was approved does not guarantee that you will get approved for TN classification.
You should still be ready to answer questions about your planned job duties, qualifications, etc.
However, having your petition approved through USCIS should improve your chances of getting approved at the port of entry.
If you submit an I-129 through USCIS, you are not required to pay the $50 processing fee at the United States port of entry.
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Unlike Canadian citizens, Mexican citizens are required to apply for and receive a TN visa prior to entering the United States as a TN worker. Mexican citizens are not permitted to apply for TN classification at a United States port of entry without first getting a TN visa. Also, Mexican citizens are not permitted to file a Form I-129 thorough USCIS to get pre-approved for initial TN classification. Instead, Mexican citizens must apply for a TN visa directly at a US Consulate abroad.
Apply for TN Visa at US Consulate
Mexican citizens must apply for a TN visa before seeking entry into the US as a TN worker
To do this, a TN worker must first complete and submit a Form DS-160 Non-Immigrant Visa Application Form online.
The TN worker must then schedule a visa appointment at the US Consulate.
The TN visa fee is $160.
The TN worker must bring the following documentation with them to the visa interview: 1. A valid Mexican passport; 2. Support statement from US employer; 3. Evidence of professional and educational qualifications; 4. Evidence of non-immigrant intent
At the visa interview, you will likely be asked questions about your planned job duties in the United States, your qualifications, and similar questions.
Once you are approved, you will be issued a TN visa.
Port of Entry
Following TN visa issuance, a TN worker must then seek TN classification at a US port of entry.
You should bring your Mexican passport, TN visa stamp, and your support statement with you to the US port of entry
The customs and border protection officer at the US port of entry will likely not re-adjudicate your TN petition. However, they may still ask you some general questions.
There is no $50 fee at the port of entry for Mexican citizens
Upon approval, you should be given TN classification for up to 3 years
What Occupation Qualifies for TN Visa?
General Occupations
| Occupation | Minimum Requirements |
|---|---|
| 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 | 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 |
| Forester | Baccalaureate or Licenciatura Degree |
| Graphic Designer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, 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 |
| 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) | LL.B., J.D., LL.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 a 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 Specialist) | 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 Counsellor | Baccalaureate or Licenciatura Degree |
Medical Occupations
| Occupation | Minimum Requirements |
|---|---|
| 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 | 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. or 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 Occupations
| Occupation | Minimum Requirements |
|---|---|
| Agriculturist (including 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 |
| Biologist | 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 |
| Geologist | 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 Occupations
| Occupation | Minimum Requirements |
|---|---|
| College | Baccalaureate or Licenciatura Degree |
| Seminary | Baccalaureate or Licenciatura Degree |
| University | Baccalaureate or Licenciatura Degree |
L-1A & L-1B Visas
L-1A & L-1B Visas
Executive/Manager or Specialized Knowledge
L-1A Visa - Intracompany Transferee Executive or Manager
This classification enables U.S. employers to transfer a manager or executive from one of its foreign offices to an office in the United States. It also enables foreign companies without affiliated U.S. offices to send a manager or executive to the United States with the purpose of establishing one.
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To qualify for L-1 classification in this category, the employer must:
Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
To qualify, the named employee must also:Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.
Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others. See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for complete definitions. -
For foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office, the employer must also show that:
The employer has secured sufficient physical premises to house the new office;
The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and
The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.
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L-1B Visa - Intracompany Transferee Specialized Knowledge
The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.
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To qualify for L-1 classification in this category, the employer must:
Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
To qualify, the named employee must also:Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.
Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures (See 8 CFR 214.2(l)(1)(ii)(D)).
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Yes, for foreign employers seeking to send an employee with specialized knowledge to the United States to be employed in a qualifying new office, the employer must show that:
The employer has secured sufficient physical premises to house the new office ; and
The employer has the financial ability to compensate the employee and begin doing business in the United States.