Deciphering Work Visas: Read All About It!

After interviewing a handful of candidates for a position, you finally decide to proceed with the candidate who appears best qualified for the role. In this case, the potential employee happens to be a foreigner who has recently relocated to the United States. The only challenge that stands in your way is determining whether you will be able to sponsor the individual and what the process will be for bringing them on board.
While there are of course many types of work visas, the most common ones that employers could work with in this case are outlined below:

TN-1

The North American Free Trade Agreement allows qualified citizens of both Mexico and Canada to be able to temporarily seek entry into the US and engage in professional business activities. Some of these professions include accountants, engineers, lawyers, scientists and teachers. For a full list you can refer to the NAFTA Professional Job Series

Eligibility requirements for the TN Visa:

1. Individual has to be a citizen of Canada or Mexico;
2. The profession has to qualify under the regulations;
3. The position in the United States requires a NAFTA professional;
4. The individual should have pre-arranged a full or part time job with a US employer (not self-employment); and
5. The individual has the qualifications to practice in the profession in question

Period of Stay

The initial period of stay is up to three years. If the individual wishes to remain in the US beyond their initial period of stay, they must seek an extension of stay. If he/she is already in the US, the employer may file Form I-129 on their behalf.
Source: US Citizenship and Immigration Services

H1-B Specialty Occupations

This visa has an annual numerical limit cap of 85,000 visas each fiscal year, which includes 65,000 new H1-B visas issued for overseas professional workers and 20,000 visas restricted for those individuals with a US Masters degree or higher. For further information about the numerical cap, see the Fiscal Year (FY) 2013 H-1B Cap Season web page. The initial period of stay in the US is up to 3 years and extensions are possible for another 3 years with a maximum stay of 6 years.

General Requirements

The job must meet one of the following criteria to qualify as a specialty occupation:

• Bachelor’s or higher degree (or equivalent)
• Employer requires a degree or equivalent for the position
• Nature of the specific duties is very specialized/complex that knowledge required is usually associated with a bachelors or higher degree
• The degree requirement for the job is common to the industry and thus the job can only be performed by an individual with a degree

For an individual to qualify to accept a job offer in a specialty occupation they must meet one of the following criteria:

• Have completed a US bachelor’s or higher degree from accredited college or university
• Hold a foreign degree that is equivalent to a US bachelors or higher degree related to the specialty occupation
• Hold unrestricted state license, registration or certification which authorizes the individual to fully practice the occupation and be engaged in that specialty where they are employed
• Have education, training or progressively responsible experience in the specialty that is equivalent to the completion of such a degree

Note: The prospective employer must file an approved Form ETA-9035, Labour Condition Application (LCA), with the form I-129, Petition for Nonimmigrant worker.
Source: US Citizenship and Immigration Services

F-1/OPT Optional Practice Training

This visa is for those individuals who are currently in the US on an F-1 visa as a student and wish to start a business or work in a role that is directly related to their area of study. OPT visas are issued for a period of up to a maximum of 12 months. Please refer here for more details. F1 students who receive science, technology, engineering and mathematics degrees (STEM) are eligible for a 17 month OPT extension. Please refer to the STEM Designated Degree Program List for the courses of study.
Source: US Citizenship and Immigration Services