It has become increasingly difficult to obtain an H1-B Visa through the annual lottery making it difficult for employers to employ foreign professionals. As an employer, you should be aware of the alternatives to the H-1B lottery when recruiting and hiring foreign talent. Learn about some of the best alternatives to the H-1B visa lottery.
TN-1 Visa for Canadian Nationals
Hiring a Canadian citizen has many advantages over hiring other foreign nationals. The US Mexico Canada Agreement (the USMCA formerly NAFTA) created a special work visa classification for Canadian business professionals called TN-1 visa status. Under the USMCA, US employers can bring qualified Canadian professionals to work in the United States under any one of the listed USMCA professions. Find out why you should consider hiring Canadian citizens under the TN-1 visa program.
TN-2 Visa for Mexican Nationals
Before any foreign national can work in the United States, they must obtain proper work authorization. This is commonly referred to as a work visa. Mexican citizens must also obtain a proper work visa before commencing work inside the United States. Work visa options primarily depend on the type of work you will be doing and your qualifications. There are several different work visas available for Mexicans to work and live in the United States. See what options are available for Mexicans to work and live in the United States.
E-3 visa for Australian Nationals
There are several advantages to employing Australian citizens. There is a special visa classification called the E3 Visa that is only available to Australian citizens, it is available year-round, has no lottery or numerical limits, is cost-effective, and is generally quick to obtain. The process of hiring and employing an Australian citizen on an E3 Visa is much less onerous than hiring employees under the H-1B visa program. Find out why you should consider hiring Australian citizens under the E-3 visa program.
H-1B1 for Singaporean or Chilean Nationals
Hiring a Singaporean or Chilean national has many advantages over hiring other foreign nationals. On January 1, 2004, the US Singapore Free Trade Agreement and the US Chile Free Trade Agreement created the H-1B1 non-immigrant visa only for Singaporean and Chilean nationals. Although there is a numerical limit on the number of H-1B1 visas each year, the quota has never been met. Find out why you should consider hiring Singaporean or Chilean nationals under the H-1B1 visa program.
There are many foreign nationals that are already legally working in the United States under the H-1B visa program. Once issued an H-1B visa under the lottery, they are exempt from the lottery until they maximize their 6-year H-1B limit. Hiring foreign nationals that have already been issued H-1B visa status under the lottery and transferring them to your company is a great way to find foreign talent. Find out about transferring an employee on an H-1B visa to your company.
Who needs work authorization to work in the USA?
There are many different options for US temporary work visas. Before a foreign national can engage in employment within the United States, proper US immigration work visa work authorization must be obtained. Work Authorization is most often obtained by filing a petition with US Citizenship and Immigration Services. If you are seeking employment, seek to employ a foreign national, or have received an offer of employment, and have not received employment authorization, you cannot begin your employment until you receive employment authorization.
Additional Outside Resources
- USCIS: Form I-129
- DOS: Visas for Canadian and Mexican NAFTA Professional Workers
- US Embassy & Consulates in the UK: E-3 Visa
- DOL: H-1B1 Visa Program
- USCIS: H-1B Visa for Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models (Temporary Workers)
- DOL: ETA 9035E
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The immigration lawyers at Richards and Jurusik Immigration Law have more than 20 years of experience helping people to live and work in the United States. Contact us today for an assessment of your legal situation.