When one thinks about the nonimmigrant workforce in America, most turn first to the H-1B visa. However, there are often ample alternatives to the H-1B process that will spare employers and foreign nationals alike from waiting until April to submit and the stress of the current “wait-and-see” lottery system. Each of the categories below allow for an employee to begin upon approval of the petition, rather than waiting for the beginning of the fiscal year in October.
Based upon the North American Free Trade Agreement (“NAFTA”), the TN visa allows Canadian and Mexican nationals to enter the United States for employment in specific professional occupations. The beneficiary employee must meet any associated education requirement for the particular profession. This visa does not require any attestations by the employer to the Department of Labor via a Labor Condition Application (“LCA”). A TN may be extended indefinitely, unlike the six year cap on the H-1B visa. Additionally, for Canadians, this visa does not require approval from USCIS prior to entering. A Canadian may simply present themselves at the border to a CBP officer, and with the proper documentation, will be allowed entry in TN status. Depending on the intended Port of Entry, it is often safer to apply with USCIS and present an approval notice, rather than to rely on the knowledge and opinion of a Border Officer to grant status.