Inform yourself about the US inbound immigration processes
The H-1B Change of Employer Process
If an individual holding an H-1B visa decides to change employers, they will need to apply for an H-1B visa transfer to their new employer. The new employer will need to file an H-1B change of employer petition with the USCIS, and the individual will need to wait for the petition to be approved before beginning work with the new employer. It is important to note that the H-1B visa is linked to the employer, and therefore, changing employers necessitates filing a visa petition.
The PERM Process Overview
The PERM process is a labor certification process required for certain employment-based green card applications. It involves a recruitment process to ensure no qualified US workers are available before sponsoring a foreign worker. The employer files a PERM application with the US Department of Labor, providing documentation of the recruitment process and demonstrating the foreign worker's qualifications. It is important to work with an experienced immigration attorney or consultant to ensure the process is completed correctly. Once approved, the employer can proceed with the green card application process.
STEM Extension Overview
The STEM OPT extension allows eligible F-1 students with degrees in science, technology, engineering, or mathematics to extend their post-completion OPT for an additional 24 months. To be eligible for the STEM OPT extension, the student must have completed a degree in a qualifying STEM field from an accredited US institution, and the employer must be enrolled in the E-Verify program. The STEM OPT extension provides an opportunity for students to gain additional work experience in their field of study, and it is subject to approval by the USCIS.
The L-1 Blanket
If a company has been approved for an L-1 blanket visa, it means that they can transfer multiple employees to the US without having to file individual petitions for each employee. However, each employee must still meet the eligibility requirements for the L-1 visa, and the company must provide supporting documentation for each employee. It is important to note that the L-1 blanket visa is only available to companies that meet certain criteria, and the visa is subject to approval by the US Consulate.
TN-1 Process Overview - Filing with USCIS
The TN-1 visa is a non-immigrant visa that allows Canadian and Mexican citizens to work in the US in certain professional occupations. To be eligible for the TN-1 visa, the individual must have a job offer from a US employer in a qualifying profession, and they must meet the education and/or experience requirements for that profession. The TN-1 visa is valid for up to three years and can be renewed indefinitely. It is important to note that the TN visa is only available for certain professions and is subject to approval by the US Citizenship and Immigration Services.
TN-1 POE Process Overview
Canadian citizens can request TN status at a U.S. port of entry (POE). When applying for a TN visa at the POE, the individual must present the required documentation to the US Customs and Border Protection (CBP) officer. This includes a job offer letter from a US employer in a qualifying profession, proof of Canadian citizenship, and evidence of the individual's qualifications for the profession. The CBP officer will review the documentation and determine if the individual is eligible for the TN visa. It is important to note that the TN visa is only available for certain professions and that the CBP officer has the final say on whether to approve the visa at the POE.
TN-2 Visa Application Process Overview for Mexican Nationals
The TN visa is a non-immigrant visa that allows Mexican citizens to work in the US in certain professional occupations. To be eligible for the TN visa, the individual must have a job offer from a US employer in a qualifying profession, and they must meet the education and/or experience requirements for that profession. The TN visa is valid for up to three years and can be renewed indefinitely. It is important to note that the TN visa is only available for certain professions and is subject to approval by the US Consulates and Embassies. Mexican nationals must obtain a TN visa at a US Consulate or Embassy to enter the U.S.
H-1B Cap Process Overview
The H-1B visa cap is the limit on the number of H-1B visas that can be issued each fiscal year. The current cap is set at 85,000 visas, with 65,000 visas reserved for individuals with bachelor's degrees and 20,000 visas reserved for individuals with master's degrees or higher from US institutions. Once the cap is reached, the USCIS will stop accepting new H-1B petitions for that fiscal year. It is important to note that certain employers, such as non-profit organizations and institutions of higher education, are exempt from the H-1B cap. Additionally, individuals who have previously been counted against the cap may be exempt from the cap in subsequent years.
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