Other U.S. Visas
NAFTA, and the Treaty Nafta Visa (TN Visa) provisions thereof, allow Canadian companies
and individuals to expand their respective activities into the USA and to establish, on
a full or part-time basis, commercial operations, including employment of Canadians in
the USA on a temporary basis, subject to multiple, annual renewal.
The TN Visa is processed by the US Department of Justice, Immigration and Naturalization
Service (INS), not the US Department of State (DOS), at ports of entry into the USA.
The TN Visa itself is strictly a function of the North American Free Trade Agreement,
and occupations set forth in a Schedule to the Agreement qualify for TN Visa consideration.
The TN Visa is, thus, separate and distinct from other business and employment visas such
as the following:
- The H-1B Visa for Specialty Occupations (a Specialty Occupation
for H-1B purposes requires a baccalaureate degree or equivalency)
- The L-1 Intra-Company Transfer Visa for Executives and Managers within an International
Organization (an Int'l Organization for L-1 purposes can be existing or newly established,
with offices abroad and within the USA, and includes both subsidary and affiliated,
limited liability companies)
-
The E-1 Treaty Trader Visa, or the E-2 Business
Investor Visa
-
The O-1 Visa for Extraordinary People in the arts, sciences,
education, business, athletics, or motion picture/television
- The P Visa for Performing Artists
- The F-1 Student Visa (with or without part-time work authority).
NON IMMIGRANT VISAS (NIV)
Specifically, E and L Visas (Bus and or Investment), H (Professional / Employment)
E-1 Treaty Trader Visa Information
The E-1 Treaty Trader Visa permits some foreign nationals of a country with which the United States has a commercial treaty to come to the United States to engage in trade of a substantial nature between the United States and the alien applicant's country of nationality. The trade involved must be an international exchange (successfully negotiated contracts binding on all parties) of items between the United States and a treaty country.
E-1 Treaty Trader Visa Eligibility Requirements: Applicants must be coming to the United States to carry out substantial trade or to develop and direct the operations of an enterprise that has commercial trade with the applicant's country of nationality.
More Information about the E-1 Treaty Trader Visa: There are no quota restrictions for E-1 visas. Spouses of E-1 Visa holders are also eligible to accept employment in the United States. E-1 Visa holders are generally admitted for a period of 2 years and extensions can be easily obtained.
E-2 Non-Immgrant Investor Visas
Nationals of a "Treaty Country" may apply for an E-2 visa. The E-2 visa allows the investor to live in the U.S. while the investor develops and/or directs a business in which he or she has invested or is actively in the process of investing a "substantial amount of capital." The amount of capital can be as little as $100,000, although the minimum will vary depending on industry selected ($100, 000 would not be a "significant amount of capital" for a multi-million firm with high capital needs, for example).
The E-2 visa is a non-immigrant visa. To qualify for the visa, one will need to show the government that you will depart the U.S. at the end of the visa term (initially five years, but it can be extended indefinitely as long as the visa holder maintains his or her status with the enterprise).
Some employees of the investing firm may also qualify for an E-2 visa. To qualify the employee must show that his or her skills are "essential to the efficient operation of the enterprise". Both employee and employer must be nationals of the same "treaty country". Also, the company in the US must be at least 50% owned by nationals of the same country as applicant.
The spouses and the unmarried children under 21 years of age may also receive derivative E visas in order to accompany the principal alien. Spouse may obtain work authorization. Children may not.
E-3 Non-Immigrant Visa: Hybrid, for Australians
E-3 Visa General Information: The E-3 Visa is a new Work Visa category available only to Australian citizens. The E-3 Treaty Professional Visa is a temporary work visa. It is usually issued for 2 years at a time. United States legislation limits the E-3 Visa to citizens of Australia. The primary E-3 Work Visa applicant must be going to the United States to work in a specialty occupation. The spouse and children of the main E-3 Visa applicant do not need to be Australian citizens. Spouses of E-3 Visa holders are entitled to E-3D (dependent) Visas and work authorization.
The E-3 Visa Eligibility Requirements: The term "Specialty Occupation" means an occupation that requires theoretical and practical application of a body of highly specialized knowledge and 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. The definition is the same as the Immigration and Nationality Act definition of
E-3 Visa, More Information: The annual quota for E-3 Visas is 10,500. This a very high quota, by comparison only 900 Australians succeeded in obtaining H-1B Work Visas in 2004. The H-1B Work Visa has an annual cap of 65,000. This quota applies to citizens of all countries in the world, while the E-3 Visa is available to Australians only. If you are an Australian citizen, the E-3 Visa can be easier to obtain than the H-1B Work Visa. E-3 Work Visas are temporary visas, meaning that when the visa expires, the individual has to leave the United States. E-3 Work Visas are usually issued for 2 years. However, E-3 Visas may be renewed indefinitely (in two-year extensions).
L-1A Intra-company Transferee
The L-1 Visa permits an executive and manager (as opposed to a front line supervisor) of an international organization, with an overseas office / firm to be transferred to a US subsidiary, parent, affiliate or branch office for up to seven years. The employee must have worked abroad for the company for at least one year out of the prior three years in order to qualify for the visa.
Executives or managers should have supervisory responsibility for professional staff and/or for a key function, department or subdivision of the employer. The visa is issued initially for a three year period extendible in 2 year increments to a maximum of 7 years. Upon completion of the maximum allowable period in L-1 status, the employee must be employed outside the United States for a minimum one year before a new application is made for L or H status.
The L-1 Visa is a non-immigrant visa, however many L-1 beneficiaries can and do qualify eventually for an EB-1C visa leading to permanent residence, all depending upon the needs of the U.S. business. Unlike the E-2 visa, an L-1 Visa holder need not demonstrate that he/she will return to the home country at the end of the visa term, and may have an immigrant intent while on the visa. The overseas business must continue exist, however, for the entire time the L-1 status in the U.S.
Note, there are no investment funding or job creation requirements of the L-1A visa.
H-1B Work Visa General Information
The H-1B Visa allows professionals working in "Specialty Occupations" to make a valuable contribution to the American economy. A maximum of 65,000 H-1B Visas are issued every year. The H-1B Visa is issued for up to three years but may be extended. This provides a maximum stay of six years. The H1-B Visa holder can apply for a Green Card if a company wants to sponsor his/her application.
H-1B Work Visa Eligibility Requirements: H-1B Non-Immigrant Work Visa may be issued to applicants seeking temporary work in a "Specialty Occupation" which requires the skills of a professional. "Specialty Occupations" include e.g. accounting, computer analysts, programmers, database administrators, web designers, engineers, financial analysts, doctors, nurses, scientists, architects and lawyers. The petitions are submitted by employers based on their need for the non-U.S.-resident employee. The applicant may possess a bachelor's degree or requisite experience to make up for the lack of a master's degree. (See other pages of this site)
H-1B1 Specialized Visa
The H-1B1 visa is open only to citizens of Chile and Singapore. (See below) Qualifications for the H-1B1 are identical to those for the regular H-1B visa, that is, the applicant must possess a U.S. bachelor's degree or the equivalent and be coming to fill a position that normally requires a bachelor's degree.
However, there are three exceptions to this rule. Individuals who do not possess a bachelor's degree or its equivalent, may be eligible for an H-1B1 visa for the following positions:
(1) For citizens of Chile: Agricultural Managers and Physical Therapists.
(2) For citizens of both Chile and Singapore: Disaster Relief Claims Adjusters.
(3) For citizens of both Chile and Singapore: Management Consultants who possess experience in a specialty area.
Procedure for the H-1B1 Visa. Chile, Singapore Specialty Non-Immigrant Visa
When applying for the H-1B1 outside the U.S., the application is made directly to the consulate. There is no need to file an I-129 with the USCIS Service Center. However, an LCA must still be filed with DOL and submitted with the H-1B1 visa application. Canadian residents may apply for the H-1B1 visa with a U.S. consulate in Canada. Applicants for an H-1B1 visa already in the U.S., for example working under F-1/OPT status, may file for a Change of Status ("COS") to H-1B1 status through the Vermont Service Center using Form I-129. The H-1B1 is valid for one year, but may be extended indefinitely. Unlike the H-1B visa category, there is no dual-intent provision with the H-1B1 category. (See other pages of this site)
TN Visa: Canada and Mexico: See www.nafta-visa.com For More Information
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