Work Visas

The USCIS has announced that the H-1B cap for regular cases was reached on April 2, 2007, i.e., the first day that the filing was permitted.  This means that petitions for regular cases will go into a random selection lottery.  The USCIS does not yet know whether the Master's cap was reached or not.  The USCIS notice appears below, and as an attached PDF file.

The USCIS has announced that the H-1B cap for regular cases was reached on April 2, 2007, i.e., the first day that the filing was permitted. This means that petitions for regular cases will go into a random selection lottery. The USCIS does not yet know whether the Master's cap was reached or not. The USCIS notice appears below, and as an attached PDF file.

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. To apply for visa, please see Applying for a TN Visa - Required Documentation.

A Canadian citizen without a TN visa can apply at a U.S. port of entry with all of the following:

Professionals of Canada may work in the U.S. under the following conditions:

• Applicant is a citizen of Canada;
• Profession is on the NAFTA list;
• Position in the U.S. requires a NAFTA professional;
• 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 citizen has the qualifications of the profession 

Source: U.S. Department of State

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.

Source: U.S. Department of State 

Yes.  Chileans are still eligible to apply for traditional H-1B visas.  Chileans are not required to apply for H-1B1 visas.

The following is list of professions which qualify for TN status under NAFTA, and the applicable minimum education requirements and alternative credentials. The U.S. State Department notes:

With some exceptions, each profession requires a baccalaureate degree as an entry-level requirement. If a baccalaureate is required, experience cannot be substituted for that degree. In some professions, alternative criteria to a bachelor's degree is listed. For some professions, experience is required in addition to the degree.

The H-1B1 is a special visa for citizens of Chile only. It is similar to an H-1B visa.

For admission into the United States in a specialty occupation, an individual must meet the academic and occupational requirements. While the requirements for classification as an H-1B include licensure, requirements for classification as an H-1B1 nonimmigrant professional do not include licensure. Licensure to practice a given profession in the United States is a post-entry requirement subject to enforcement by the appropriate state or other sub-federal authority. Proof of licensure to practice in a given profession in the United States may be offered along with a job offer letter, or other documentation in support of an application for an H-1B1 visa.

For admission into the United States in a specialty occupation, an individual must meet the academic and occupational requirements. While the requirements for classification as an H-1B include licensure, requirements for classification as an H-1B1 nonimmigrant professional do not include licensure. Licensure to practice a given profession in the United States is a post-entry requirement subject to enforcement by the appropriate state or other sub-federal authority.

A "specialty occupation" for E-3 visa purposes is generally an occupation which requires a bachelor's or higher degree in a specific specialty, such as a teacher, physician, computer programmer, engineer, accountant, etc. The more technical definition of a "specialty occupation" is an occupation which requires:

1. A theoretical and practical application of a body of specialized knowledge, and
2. The attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

This section discusses some of the most popular temporary work visas which are used by foreign nationals to enter the U.S. and work in various occupations for various periods of time.

Note that these are not the only types of work visas which are available. In addition, foreign nationals sometimes obtain the authorization to work based on other qualifications, such as by qualifying for "Temporary Protected Status", for individuals from certain countries which are experiencing some-type of strife. Likewise, some foreign nationals obtain temporary work status as part of their student visas, or as a precursor to obtaining permanent residency status.

Anyone considering the various options, should take a look at the List of Temporary Visas and Classifications, as well as the List of of primary avenues to U.S. Permanent Residency (“Green Card” status).

It is also important to note that certain nationals have special types of work authorization available to them, e.g., Canadians, Mexicans, Australians, Singaporeans, etc.

According to a Liaison between the American Immigration Lawyers Association and the U.S. Department of State: E visa processing is to be consolidated at the U.S. Embassy in Rome and U.S. Consulate in Milan, effective Jan 1, 2007.  Applicants for E visas "in the Florence and Naples consular districts will be asked to apply in Rome, but may also apply in Milan providing they are residents of or physically present in Italy."  This change in procedures is intended to "ensure uniform processing and posts plan to set up dedicated channels of communication for applicants and their attorneys."

The USCIS has announced that after completing a policy review that it was clarifying that “any time spent in H-4 status will not count against the six-year maximum period of admission applicable to H-1B aliens.”  Likewise, the USCIS also announced that “time an alien has spent time in L-2 dependent status will not count against the time available to the alien in L-1A or L-1B status.”  The new policy was announced in a USCIS Interoffice Memorandum from Michael Aytes, Associate Director, Domestic Operations, to all Regional Directors and Service Center Directors, dated December 5, 2006.  

The USCIS has announced that after completing a policy review that it was clarifying that to avoid H-1B QUOTA, individuals who spent one year outside of U.S. and did not exhaust entire six year term can CHOOSE to be re-admitted for “remainder” of initial six-year period without being subject to H-1B cap.  The new policy was announced in a USCIS Interoffice Memorandum from Michael Aytes, Associate Director, Domestic Operations, to all Regional Directors and Service Center Directors, dated December 5, 2006. 

The USCIS has announced that after completing a policy review that it was clarifying that “Aliens who are eligible for the 7th year extension may be granted an extension of stay regardless of whether they are currently in the United States or abroad and regardless of whether they currently hold H-1B status.”  The 7th year H-1B extension is available for individuals with Labor Certification (PERM, traditional, or RIR) applications or I-40 petitions pending for more than one year, and for individuals who have approved I-140 petitions, under the terms of AC21.  The new policy was announced in a USCIS Interoffice Memorandum from Michael Aytes, Associate Director, Domestic Operations, to all Regional Directors and Service Center Directors, dated December 5, 2006. 

H-1B1 visas can be valid for a maximum of 18 months. Extensions and renewals are allowed.

The LA Times reports:

The raid of six Swift & Co. meat packing plants last week spotlighted the fine line employers face because of increased government scrutiny: Make sure your employees are in the U.S. legally, but don't push too hard to find out.

This time, federal inspectors detained 1,300 Swift workers suspected of providing stolen Social Security numbers to the company. But four years ago, the company's requirement that Latino job applicants provide proof of their legal status led to a $200,000 fine for discrimination.

An applicant for an H-1B1 visa (for Chileans) can NOT be self-employed or an independent contractor.

Yes, there is a maximum of 10,500 E-3 visas issued annually. Spouses and children of principal applicants do not count against the numerical limitations.