After the Labor Certification Application is certified by DOL, the employer submits the approved Labor Certification to USCIS with a Form I-140, Immigrant Petition for Alien Worker and additional documentation attesting that the employee possesses the minimum qualifications stated on the Labor Certification and that the employer has the ability to pay the wage.
Upon the approval of the I-140, the employee files with USCIS to adjust his/her employment based nonimmigrant status to that of a lawful permanent resident (immigrant visa or green card).
Yes. The process differs in many ways, including alternative recruitment requirements.
I am a citizen of Canada. I have a job offer from a U.S. employer to perform the services of an Engineer. What visa is available to me?
If you are a citizen of Canada coming to the United States to work for a U.S. company and perform a professional Engineering assignment, you may be eligible for a TN visa.
The TN classification is for citizens of Canada or Mexico who are coming to the United States to perform a professional assignment. TN visas are governed by the North American Free Trade Agreement that provides a list of applicable occupations and corresponding education and/or licensure requirements. TN visas are not subject to the numerical limitations like the H-1B visa category.
If you currently hold a TN visa, your dependants are eligible for TD status. The TD visa is available for dependent spouses and children of TN professionals.
The permissible TN occupations include: Account, Architect, Computer Systems Analyst, Disaster Relief Insurance Claim Adjuster, Economist, Engineer, Forester, Graphic Designer, hotel Manager, Industrial Designer, Interior designer, Land Surveyor, Landscape Architect, Lawyer (including a Notary in the province of Quebec), Librarian, Management Consultant, Mathematician (including Statistician), Range Manager or Range Conservationist, Research Assistant, Scientific Technician or Technologist, Social Worker, Sylviculturist (including Forestry Specialist), Technical Publications Writer, Urban Planner (including Geographer), Vocational Counselor, Dentist, Dietician, Medical Laboratory Technologist or Medical Technologist, Nutritionist, Occupational Therapist, Pharmacist, Physician (teaching or research only), Physiotherapist or Physical Therapist, Psychologist, Recreational Therapist, Registered Nurse, Veterinarian, Agriculturalist (including Agronomist, Animal Breeder, Animal Scientist, Apiculturalist, Astronomer, Biochemist, Biologist (including Plant Pathologist), Chemist, Dairy Scientist, Entomologist, Epidemiologist, Geneticist, Geochemist, Geologist, Geophysicist (including Oceanographer), Horticulturist, Meteorologist, […]
The U.S. Department of State monitors the annual numbers of Immigrant Visas being issued. Each month, the U.S. Department of State issues a new Visa Bulletin. The Visa Bulletin summarizes the number of available immigrant visas. The Visa Bulletin helps determine the amount of time it will take to obtain a certain category of immigrant visas. The Visa Bulletin lists the “cut-off dates” for each category/classification. Depending on the number of visas being applied for, the cut-off date moves forward, backward, or remains in the same spot. Find a copy of the Visa Bulletin at www.travel.state.gov
Your Priority Date is the filing date of the Labor Certification. Priority Date must be prior to cut-off date for an immigrant visa to be available.