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Buffalo: (716) 970-4007 | Toronto: (866) 697-1832
Potential employers of Canadian or Mexican professionals under TN visa status must meet certain requirements. One of the main requirements for TN visa status is an offer of employment to engage in business at a professional level for a U.S. entity. We discuss the basic employment requirements for TN visa status here.
Some foreign exchange visitors with J-1 visas are subject to a two-year foreign residence requirement. This requires those that are subject to the home residence requirement to return home for at least two years after they complete their program. We discuss the foreign requirement and whether or not the physical presence must be continuous here.
Both Canadian and Mexican citizens can qualify for TN visa status to work and live in the United States. In some cases, an employer decides to make the offer of employment permanent and sponsor the employee for US permanent residence (green card). We recently helped a Canadian citizen go from a TN Visa as an IT management consultant to a green card through the perm process. We discuss the process and this approval here.
The initial registration period for the 2024 H-1B Visa cap will open today, March 1st, at noon EST and run through noon EST on March 17, 2023. During this period, prospective petitioners and representatives can complete and submit their registrations using the USCIS online H-1B registration system.
As the demand for nurses in the United States increases, many employers look to foreign nurses to meet the demand, including Australian citizens. Due to trade agreements between the United States and Australia, qualifying Australian nurses can obtain an E-3 visa status to work in the United States. The E-3 visa is available to nurses in qualifying specialty positions. We explain which nursing positions qualify for E-3 visa status here.
The E-2 visa is for foreign investors to develop and direct the operations of an enterprise in which they have invested a substantial amount of capital. Part of the requirement for the E-2 visa is that the company creates jobs for US workers and not just a livelihood for the investor. We discuss the E-2 visa requirement to hire employees here.
If you will be applying for a new office L-1 Visa or an E-2 Visa for a new business, you will be required to produce a business plan. A business plan for immigration purposes differs from a traditional business plan to obtain funding from a bank or other business purposes. When making an application for a new office L-1 Visa or E-2 visa for a new investment, make sure your business plan is immigration compliant. We discuss the basic requirements of a business plan for immigration purposes here.
Qualifying foreign nationals can obtain E-1 visa status as treaty traders and E-2 visa status as treaty investors. We recently received the approval for an E-1 Treaty Trader and two E-2 Treaty Investors on the same day at the US Consulate in Toronto, Ontario. We discuss the approvals here.
The E-2 Visa is not just for large multi-million dollar investments. The E-2 visa is often used by entrepreneurs starting a new business or investing in an existing business. One of the many requirements for an E-2 visa is an office to support business operations. We discuss the E-2 visa office requirement here.
Except in the case of K and E visas, Canadians are visa exempt. Giving Canadians easy access to travel to and from the United States. Even with visa-exempt status, Canadians need to be mindful of the limits of their status as visitors. We were able to assist a Canadian client that had been denied TN visa status due to unauthorized activities while visiting the US, to overcome the denial and obtain TN Visa status. Read more about our client’s journey to overcome the TN denial here.