US work visa for Canadian citizen

[K4970]

Hi There,

I have a job interview next week in California. Employer is a state organization and they seem to be very interested in my application and I can add some conditions before accepting the job offer. Job fits in both TN and H1B profession categories. 

Are there anything specifically that I need to ask the employer in order to secure a better result for my work visa application. I plan to stay permanently and the position is permanent too, I don't know what type of visa to start with. Any advice is greatly appreciated.

[JoeF]

It is generally easier to get a TN. No quota, for one.

For an H1, the start date could only be Oct. 1, unless this is a university, non-profit research organization affiliated with a university, or a government research organization.

[pontevecchio]

You can stay permanently only after you get an Immigration Petition approved. In the meantime TN is not supposed to allow Immigrant Intent though H1 does. But TN derivatives can work. You have to do your own research and then discuss the situation with a Lawyer.

[t75]

Hi There,

I have a job interview next week in California. Employer is a state organization and they seem to be very interested in my application and I can add some conditions before accepting the job offer. Job fits in both TN and H1B profession categories. 

Are there anything specifically that I need to ask the employer in order to secure a better result for my work visa application. I plan to stay permanently and the position is permanent too, I don't know what type of visa to start with. Any advice is greatly appreciated.

 

 

 

You need to review the requirements for permanent residency.  You have to get through PERM and government jobs are very desirable to USCs.

[catx]

If you want to pursue permanent residency (green card) through sponsorship from your employer, then you will need to be on a H-1B visa for that process.  A TN visa does not allow immigration intent, i.e. you cannot pursue permanent residency while on a TN visa.  Some other relevant notes ...

 

A H-1B visa petition can only be filed by the sponsoring employer starting on April 1 for starting work on Oct 1.  Further, there is currently a significant over demand for H-1B visas meaning that there are many, many more petitions filed on April 1 than there are visas in the annual quota, which triggers a lottery selection processes.  A TN visa can be issued at any time of the year for starting work immediately.  You can start working on a TN visa, but will have to change status to a H-1B visa (petition filed, selected in the lottery, and approved) for the permanent residency process.