Does UK citizen need H1b Visa stamping?

[krisvijay]

HI Friends

I am planning to apply H1b for my sister and borther in law who live in Scotland. They are UK citizens. My questions is do they need to go for H1b Visa stamping once they have the H1b approved or its not required for UK citiizens.

Please share your thoughts.

Thanks in advance

V.

[JoeF]

Huh? You don't apply for an H1 for them. They will have to find an employer, and the employer can file an H1 for them.

And they would of course need an H1 visa to enter the US. Why do you think it would be different?

[pontevecchio]

H1 visa is mandatory for all except Citizens of Canada. I assume you mean your company will file the H1 petition.

[catx]

H1 visa is mandatory for all except Citizens of Canada. I assume you mean your company will file the H1 petition.

I assume you are referring to a visitors visa. Otherwise, Canadian citizens do require a visa for authorized employment in the U.S. There is a TN visa (created as part of NAFTA) that a Canadian citizen can get directly at the port of entry (PoE) with a valid job offer, minimum education, etc. However the TN visa does not allow immigration intent. For Canadian citizens wanting to become U.S. permanent residents (get a green card), they still need a H-1B visa for employment based (EB) immigration (and have to go through the standard PERM labor certification application > I-140 petition > ... process).

[t75]

This sure looks suspicious.

[pontevecchio]

@catx, Canadian Citizens get the H1 I94 at the border and DO NOT NEED the H1 visa and this is true of all other ways Canadians enter the USA for whatever reason. . Your statement is not correct. The visa does not provide work authorization. The I94 does.

[catx]

Respectfully, I am Canadian (by birth, 2nd generation) and have always got a H-1B through the standard petition process and then received an approved I-797 with attached I-94. Yes, from there I have had my passport stamped with H-1B and received a new I-94 form directly at the port of entry, and did not need to go to a U.S. consulate to get an actual visa. While I was incorrect about a "visa" and work authorization, your post about a Canadian citizens not needing a H-1B visa seemed misleading (even if strictly technically correct) in that it infered that Canadians can come to work in the U.S. without a H-1B (L-1, TN, ...).

[pontevecchio]

A Canadian Citizen needs an approved H1 petition. Then he comes to the border and gets his I94. Can he insist that the consulate gives him an H1 visa? Yes. Most Canadian citizens would not get the visa as it is not needed. Your assumptions are wrong though I mean no disrespect.