Canadian and Mexican nationals have the advantage of both TN visa status and H1B visa status. A common dilemma is deciding between these two visa options and the impact they might have on future immigration. A common question is, “Can I participate in the H1B visa lottery while on a TN Visa?” We answer this question here.
Suppose your employee has not already been issued an H1B visa in a previous lottery, and you are not an H1B Cap Exempt employer. In that case, you need to enter the H1B visa lottery for each employee you wish to employ under the H1B Visa status. After your employee is selected in the lottery, you can file an I-129 Petition for employment under H1B visa status on their behalf. We discuss the H1B Visa lottery and when to start the H1B visa process in 2023 for the upcoming FY 2024 H-1B Cap below.