The Non-Immigrant Visa ProcessThe Non-Immigrant Visa Process

Ten Steps HR Professionals Can Take Ten Steps HR Professionals Can Take To Ensure Successful US Work To Ensure Successful US Work AssignmentsAssignments

OverviewOverview

Heightened security requires thorough preparation, Heightened security requires thorough preparation, organization and presentation.organization and presentation.

Borders Borders Biometric trackingBiometric tracking Routine registration and fingerprinting for certain Routine registration and fingerprinting for certain

nationalsnationals Service centers and consulatesService centers and consulates

more scrutinymore scrutinyIncreased information sharing between US and Canadian Increased information sharing between US and Canadian

officialsofficials

STEP 1STEP 1Ensure that the HR Department has Charge of the Ensure that the HR Department has Charge of the Immigration ProcessImmigration Process

Establish an immigration process that makes HR Establish an immigration process that makes HR the conduit for each business visit, the conduit for each business visit, assignment or relocation to the US.assignment or relocation to the US. Provide an overview;Provide an overview; Explain the basicsExplain the basics Find out if there is a spouse and/or childrenFind out if there is a spouse and/or children Advise against (selling the house) until the Advise against (selling the house) until the

US visa is in hand. US visa is in hand.

STEP 2STEP 2Provide the Employee with a QuestionnaireProvide the Employee with a Questionnaire Request the information necessary to start the Request the information necessary to start the

immigration process:immigration process: Assignment purpose; andAssignment purpose; and Assignment duration.Assignment duration.

Questions and answers about issues that could affect Questions and answers about issues that could affect the immigration process: the immigration process: Criminality; andCriminality; and Prior immigration refusalsPrior immigration refusals

Keep a copy of the Questionnaire.Keep a copy of the Questionnaire.

STEP 3STEP 3Request Basic Supporting Documentation at the Onset of Request Basic Supporting Documentation at the Onset of the Immigration Processthe Immigration Process

Request the documentation so that you can:Request the documentation so that you can: Determine the type of status;Determine the type of status; Estimate the processing time;Estimate the processing time; Avoid misunderstanding;Avoid misunderstanding; Verify the employee/recruit’s nationality, education Verify the employee/recruit’s nationality, education

and work experience;and work experience; Ensure that the supporting document is available.Ensure that the supporting document is available.

STEP 4STEP 4Obtain Information from the Employee’s New Obtain Information from the Employee’s New ManagerManager

Managers are an important resource as they:Managers are an important resource as they: are familiar with the assignment requirements;are familiar with the assignment requirements; can provide valuable information about the can provide valuable information about the

position/employee fit; and position/employee fit; and can make the difference in a marginal case.can make the difference in a marginal case.

STEP 5STEP 5Determining the Best Non-Immigrant Status Determining the Best Non-Immigrant Status ((Also known as The Who, What, When and How of Non-Immigrant Also known as The Who, What, When and How of Non-Immigrant Visas)Visas)

TN Trade NAFTA ProfessionalTN Trade NAFTA Professional L-1A/L-1B Intra-Corporate TransferL-1A/L-1B Intra-Corporate Transfer H-1B Specialty OccupationH-1B Specialty Occupation

TNTNTrade NAFTA ProfessionalTrade NAFTA Professional

WHO Qualifies?WHO Qualifies? Canadian and Mexican professionals entering the Canadian and Mexican professionals entering the

U.S. on behalf of a Canadian or Mexican employer U.S. on behalf of a Canadian or Mexican employer to fill a contract for services between a Canadian to fill a contract for services between a Canadian and U.S. company.and U.S. company.

Canadian or Mexican professional either working a) Canadian or Mexican professional either working a) for a US company in the US or b) for their Canadian for a US company in the US or b) for their Canadian or Mexican company in the USor Mexican company in the US

TN TN Trade NAFTA ProfessionalTrade NAFTA Professional

WHAT can they do?WHAT can they do? Duties normally associated with one of the listed Duties normally associated with one of the listed

professional positions e.g..:professional positions e.g..: Accountants, Accountants, Computer Systems Analysts,Computer Systems Analysts, Graphic Designers,Graphic Designers, Urban Planners,Urban Planners, EngineersEngineers

WHEN and HOW LONG?WHEN and HOW LONG? Initial status is a maximum of 1 year.Initial status is a maximum of 1 year. Indefinite ability to renew.Indefinite ability to renew. Once employee or employer make any applications Once employee or employer make any applications

for permanent status, including filing a labour for permanent status, including filing a labour certification application, the TN status will not normally certification application, the TN status will not normally be renewed or extended. Change to another non-be renewed or extended. Change to another non-immigrant visa status is recommended.immigrant visa status is recommended.

TN TN Trade NAFTA ProfessionalTrade NAFTA Professional

WHO Qualifies?WHO Qualifies? Those working as a manager, executive, or Those working as a manager, executive, or

with specialized knowledge of the company’s with specialized knowledge of the company’s products or services.products or services.

Those with a minimum of one year work Those with a minimum of one year work experience with a qualifying related company experience with a qualifying related company outside of the U.S.outside of the U.S.

L-1A/L-1BL-1A/L-1BIntra-company transferIntra-company transfer

L-1A/L-1BL-1A/L-1BIntra-company transferIntra-company transfer

WHAT can they do?WHAT can they do?Perform services normally associated with their Perform services normally associated with their

position.position. Executives-direct the management of the Executives-direct the management of the

company, division, etc.company, division, etc. Managers-manage other managers, Managers-manage other managers,

professionals, or a functionprofessionals, or a function Those with Specialized Knowledge-perform Those with Specialized Knowledge-perform

duties relating to the specific area of duties relating to the specific area of expertise.expertise.

L-1A/L-1BL-1A/L-1BIntra-company transferIntra-company transfer

WHEN and HOW LONG?WHEN and HOW LONG? Upon initial entry, the employee is granted a Upon initial entry, the employee is granted a

maximum of 3 years.maximum of 3 years. Executives and Managers: Maximum of 7 yearsExecutives and Managers: Maximum of 7 years Specialized Knowledge: Maximum of 5 yearsSpecialized Knowledge: Maximum of 5 years

H-1BH-1B Specialty OccupationSpecialty Occupation

WHO Qualifies?WHO Qualifies? Those working in a “specialty occupation” : an Those working in a “specialty occupation” : an

occupation requiring the theoretical and practical occupation requiring the theoretical and practical application of a body of highly specialized knowledge application of a body of highly specialized knowledge which requires a minimum of a bachelor’s degree, or which requires a minimum of a bachelor’s degree, or equivalent, for entry into the occupation.equivalent, for entry into the occupation.

H-1B H-1B Specialty OccupationSpecialty Occupation

WHAT can they do?WHAT can they do?

May work full or part time.May work full or part time. May be employed in more than one H-1B occupation May be employed in more than one H-1B occupation

and by more than one employerand by more than one employer

H-1B H-1B Specialty OccupationSpecialty Occupation

WHEN and HOW LONG?WHEN and HOW LONG?

Initially up to 3 years, with an extension of up to 3 Initially up to 3 years, with an extension of up to 3 years available.years available.

Maximum of 6 years for full-time employment, longer Maximum of 6 years for full-time employment, longer for part-time employmentfor part-time employment

STEP 6STEP 6Prepare and Review the Petition or ApplicationPrepare and Review the Petition or Application

An important procedural check and balance:An important procedural check and balance: provide the employee and manager with drafts;provide the employee and manager with drafts; request, in writing, that they provide any needed request, in writing, that they provide any needed

corrections or additions;corrections or additions; keep a record of your request for employee and keep a record of your request for employee and

manager input and the responses; andmanager input and the responses; and ensure that you are satisfied with everything in the ensure that you are satisfied with everything in the

package.package.

STEP 7STEP 7Prepare the Employee for his or her Prepare the Employee for his or her Interview with Immigration OfficialsInterview with Immigration Officials

helps the employee gain an understanding of the helps the employee gain an understanding of the questions that he or she may be asked;questions that he or she may be asked;

reduces anxiety; andreduces anxiety; and increases the chances of success.increases the chances of success.

STEP 8STEP 8Caution the Employee Against Common PitfallsCaution the Employee Against Common Pitfalls Pitfalls include:Pitfalls include:

Arriving at the airport or border at the last minute;Arriving at the airport or border at the last minute; Assuming that the requirements applicable to a Assuming that the requirements applicable to a

friend apply to the situation at hand;friend apply to the situation at hand; Being unprepared for the interview; andBeing unprepared for the interview; and Antagonizing immigration officials.Antagonizing immigration officials.

When things go wrong…When things go wrong… Ask the employee to obtain the name of the Ask the employee to obtain the name of the

reviewing officer, and reviewing officer, and Remain calm.Remain calm.

STEP 9STEP 9Stress the Importance of Truth and Integrity Stress the Importance of Truth and Integrity through-out the Immigration process.through-out the Immigration process. HR’s Role must be proactive:HR’s Role must be proactive:

communicate to everyone involved that compliance communicate to everyone involved that compliance is not optional; is not optional;

bring managers into the immigration process; andbring managers into the immigration process; and stress the business rationale for compliance.stress the business rationale for compliance.

STEP 10STEP 10Post Non-Immigrant Process Follow up with the Post Non-Immigrant Process Follow up with the Employee.Employee. A standardize follow-up protocol:A standardize follow-up protocol:

helps you gauge trends;helps you gauge trends; provides an opportunity to obtain final copies of provides an opportunity to obtain final copies of

immigration documentation for your file;immigration documentation for your file; ensures that the employee/recruit is brought into the ensures that the employee/recruit is brought into the

existing 1-9 program; andexisting 1-9 program; and makes it possible to monitor the need for extensions makes it possible to monitor the need for extensions

and renewals.and renewals.