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Passport USA typically processes occupational therapists under the H1-B, EB-2 and TN visas as is appropriate to each situation. Passport USA has partnered with immigration attorneys and in-house staff to process and closely monitor the visa filing and approval process. Our Visa Specialist Team will be in constant touch with you about your visa application. They will have information of what documents are required and when so that the process is as efficient and timely as possible.
H-1B Visas: The H-1B visa is a non-immigrant visas category established by the USCIS. (U.S. Citizenship and Immigration Services) to employ international workers with specialized training. There are two fundamental forms of H1B visas, Cap and Non-Cap. Both are initially valid for up to 3 years and renewable for up to 3 additional years.
- "Cap" H-1B Visas - The U.S. Government has allotted 65,000 H1-B Visas to "for-profit" organizations. This 65,000 number is the annual "Cap" people are referring to when you hear them talk about "Cap" visas. All Cap visa petitions must be received by the USCIS no later that April of each year. In recent years, this cap of 65,000 visa applications was reached within as little as one day. Once this date is reached a lottery will be drawn and if the petition is selected and approved, an exit interview will be conducted at the U.S. Embassy in your country. Passport USA provides all the necessary documentation needed for the exit interview along with assistance in securing an appointment date. Appointments start on October 1 of each year. We are currently accepting applicants for the next H-1B "Cap" filing.
- "Non-Cap" H-1B Visas - Passport USA is also pursuing opportunities for Non-Cap H-1B visas which do not come under the allotted 65,000 H1-B visas per year and so can be applied for at any time during the year. However, there are a number of restrictions for non-cap visa filings. Specifically, the under-lying employment must be with a non-profit organization that has a strong affiliation with a university or research organization. These restrictions limits the universe of potential non-cap opportunities within any given state.
Requirements for an H-1B visa: In order to qualify for an H-1B Visa you must possess at least a Bachelor's degree for OT's. You also must have passed one of the accepted English exams. Ultimately, you will need to have secured a VisaScreen certificate from NBCOT or CGFNS.
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EB-2 Visas: The EB-2 visa is an employer-sponsored green card visa that is applicable for Masters prepared candidates (or the equivalent; e.g., those with a BS/BA plus 5 years of experience) that have secured employment in a position that requires a Masters degree or the equivalent. EB2 visas are not currently retrogressed for many countries. EB2 immigrant visa holders may:
- Reside permanently in the U.S.
- Work in the U.S.
- Travel freely in and out of the U.S.
- Apply for dependent visas for your spouse and children below 21 years AND they can work legally in the U.S.
- No Retrogression, CAP or Lottery
Visa Qualifications: The employment-based second preference (EB-2) immigrants are typically those who work in highly-skilled occupations that require an advanced degree. Generally, this means one needs a master’s degree or higher for entry into the field, or the equivalent. US immigration law recognizes a bachelor’s degree plus five years of "progressively-responsible" experience in the field as the equivalent of a master’s degree. Employment-based third-preference (EB-3), in contrast, includes occupations requiring no experience up to a bachelor’s degree with some experience. Because the EB-3 category is substantially retrogressed (backlogged), we are receiving an increasing number of inquiries on how an employment-based immigrant can obtain permanent resident status more quickly through the EB-2 classification.
The Position Requirements: An occupation may be classified as an EB-2 eligible position if the job normally requires a master’s degree or higher. An immigrant worker’s attainment of a master’s (or higher) degree is not sufficient by itself to qualify for EB-2 classification. The job must normally require an advanced degree and/or extensive experience. A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the foreign professional possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the professional has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the professional has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the professional has at least 5 years of progressive post-baccalaureate experience in the specialty.
Education and Experience Requirements: Individuals with a bachelor’s degree may qualify for EB-2 if the position offered can normally require a bachelor’s degree plus five years of "progressively responsible" experience. "Progressively-responsible" can include promotions, assumption of additional or more complex duties, and supervisory responsibilities. This person qualifies under the EB-2 category even though s/he does not have a master’s degree and can immigrate faster than if s/he were offered an EB-3 position. The EB-2 category, in contrast has no visa application backlog at all for any countries except for China and India making it a much more desirable category to qualify for.Whether someone qualifies under the EB-2 category is complex and fact-sensitive for each applicant.
Passport USA partners with a knowledgeable and experienced immigration law firm to evaluate the potential for each therapist and each situation.
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TN Visas: The TN visa (or Treaty National visa) is the professional, non-immigrant visa that is available for Canadian (and Mexican) professionals pursuant to the North American Free Trade Agreement (NAFTA). The TN visa is the most flexible professional visa in its application requirements. Family Members - The spouse and children under 21 years of age are eligible for the TD (Treaty Dependent) visa. This visa does not entitle the holders to work, but it does entitle them to attend school.
Duration: A TN visa is valid for one year and it may be renewed in one year increments. There is no limit on the total period of stay for TN professionals. Those Canadian professionals who do reach the maximum allotted period of stay on the H-1B visas and L-1 visas have the opportunity to change to the TN status without completing the one year abroad imposed by the immigration laws for those two visa categories.
Qualifications: To qualify for TN status, qualifying healthcare professionals must:
- Be citizens of Canada
- Meet all requirements for U.S. employment (NBCOT, U.S. licensure, and a VisaScreen certificate)
Applying for a TN Visa: Unlike most other types of visas, a TN applicant can literally apply for the visa at the major Canadian airports, border crossing stations and U.S. ports of entry. There is no need to process the petition with the four INS service centers. This means that a Canadian professional who is hired by a corporation located in the U.S. may process in just one day!!! (For Mexican nationals this is not so - the process parallels obtaining an H-1B).
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