Non-Immigrant Visas
Employers looking to hire a foreign worker must sponsor them for a temporary, non-immigrant work visa. Not every candidate will be eligible for a visa. Nor will every position. Below are a few of the most common visas for employers looking to sponsor foreign workers to fill high-skill positions.
TN Visa
Citizens of Canada and Mexico may be eligible for a TN visa. Originally created under the NAFTA agreement (now USCMA agreement), Canadian and Mexican citizens who are licensed or educated in certain fields may qualify for a TN visa if they have an offer from a U.S. employer. The list of occupation is very specific, and includes accountants, engineers, lawyers, pharmacists, scientists, graphic designers, and teachers.
E-3 Visa
Citizens of Australia may be eligible for E-3 visas if they have an offer of employment from a U.S. company. The criteria includes:
- Having a legitimate employment offer in the United States
- Possessing the requisite education or experience that is the equivalent of a U.S. bachelor's degree or higher
- Filling a position that qualifies as a specialty occupation
E-3 visas are valid for up to 2 years and may be renewed indefinitely.
H-1B1 Visa
H-1B1 visas are specific to citizens of Chile or Singapore. The criteria and eligibility requirements are similar to the H-1B visa. Unlike the H-1B visa, there is no annual lottery which means that employers can submit H-1B1 petitions any time of the year. There is an annual limit of 6,800 H-1B1 visas available but rarely, if ever, is the maximum ever reached.
O-1 Visa
The O-1 visa is for people who have demonstrated a sustained level of extraordinary ability in certain field.
The O-1A visa is for people of extraordinary ability in sciences, education, business, and athletics. This means that the applicant possesses a level of expertise demonstrating that you are one of the small percentage who have arisen to the very top of the field.
The O-1B visa is for people in the arts or motion picture and television industry. The applicant must demonstrate extraordinary ability by sustained national or international acclaim; or a record of extraordinary achievement in the motion picture and television industry, and must be coming temporarily to the United States to continue work in the area of extraordinary ability.
The O-1 visa require a U.S. employer or agent as a sponsor, and the maximum duration is up to 3 years - although it can be renewed indefinitely.