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What is the H-1B visa and how does the lottery system work in 2025?
I am a Canadian software engineer with a job offer from a US company. My friend told me I should look at a TN visa instead of H-1B. What exactly is TN and is it better or worse than H-1B for someone in my situation?
I am a Canadian software engineer with a job offer from a US company. My friend told me I should look at a TN visa instead of H-1B. What exactly is TN and is it better or worse than H-1B for someone in my situation?
See lessCan my spouse work in the USA while I am on an H-1B visa?
H-4 EAD (Employment Authorization Document) is available to H-4 visa holders whose H-1B spouse has an approved I-140 immigrant petition or has been granted H-1B status beyond the six-year cap under AC21 portability. The application is filed on Form I-765 with supporting documents proving the H-1B prRead more
H-4 EAD (Employment Authorization Document) is available to H-4 visa holders whose H-1B spouse has an approved I-140 immigrant petition or has been granted H-1B status beyond the six-year cap under AC21 portability. The application is filed on Form I-765 with supporting documents proving the H-1B principal’s I-140 approval. Processing typically takes 3–6 months unless premium processing applies. Critically, the H-4 EAD allows unrestricted open-market employment — your spouse can work for any employer, start a business, or freelance without restriction.
See lessWhat is the difference between L-1A and L-1B visa and which one is right for me?
The L-1A is for managers and executives being transferred intracompany, while L-1B is for workers with specialized knowledge. The key distinction lies in your primary duties. If you spend the majority of your work time managing people, budgets, or a function of the organization — L-1A applies and alRead more
The L-1A is for managers and executives being transferred intracompany, while L-1B is for workers with specialized knowledge. The key distinction lies in your primary duties. If you spend the majority of your work time managing people, budgets, or a function of the organization — L-1A applies and allows up to 7 years in the US plus a direct path to an EB-1C green card. If your role is primarily technical with specialized proprietary knowledge of the company’s systems, L-1B applies with a 5-year maximum. Based on your description managing 12 people as a senior architect, your company should document both functions but classify you under L-1A if management is your primary duty.
See lessCan I switch employers while on an H-1B visa without losing my status?
Under the AC21 portability provisions, you may change employers while on H-1B without losing your cap-subject status. The new employer must file an H-1B transfer petition — technically a new petition but cap-exempt since you were already counted. You may begin working for the new employer as soon asRead more
Under the AC21 portability provisions, you may change employers while on H-1B without losing your cap-subject status. The new employer must file an H-1B transfer petition — technically a new petition but cap-exempt since you were already counted. You may begin working for the new employer as soon as the transfer petition is filed (not after approval), as long as you are in valid H-1B status at the time of filing. USCIS will typically adjudicate the transfer within 2–3 months, or 15 business days with premium processing. There is no re-lottery requirement since you are already in the cap count.
See lessWhat is the TN visa for Canadians and Mexicans and how is it different from H-1B?
The TN visa is available exclusively to Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA). It covers specific professional categories listed in the agreement, including computer systems analysts — note that "software engineer" or "software developer" is not explicRead more
The TN visa is available exclusively to Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA). It covers specific professional categories listed in the agreement, including computer systems analysts — note that “software engineer” or “software developer” is not explicitly listed but computer systems analysts have been approved for software development roles when framed correctly. TN has no annual cap, no lottery, and Canadians can obtain it directly at a port of entry without prior USCIS petition. It is granted initially for 3 years and renewable indefinitely in 3-year increments. The key limitation: TN is strictly nonimmigrant intent — you cannot use it as a stepping stone to a green card while maintaining valid TN status.
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