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Alternatives to the H-1B Visa: Bloomberg Study

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6 Copyright©2017 by The Bureau of National Affairs, Inc. There is no annual cap for the E-2 treaty investor and no requirements that the essential employee needs to have employment history with the employer as some nonimmigrant visas do. Organizations with a sizeable investment from abroad, through a foreign parent company, are eligible. Both the foreign parent company and foreign national must both share citizenship of a treaty country in common. Eligible individuals will likely be managers or executives in an investing corporation who maintain a controlling interest in the company at all times. This person should ultimately have control over a major component of the company's operations. For an "essential employee" to qualify, he or she must have key skills that allow him or her to perform specific job functionalities. E-3 Visa for Australian Citizens The E-3 visa is one of the most unique of the H-1B alternatives - mainly because it's so similar. The E-3 visa is just like the H-1B, but it's only available for Australian citizens. There is an annual cap of 10,500 E-3 visas, but it has rarely been reached. The E-3 is valid for two years with unlimited renewals. It also includes spousal work authorization making it particularly attractive. To be eligible, the individual must be an Australian citizen and must hold a bachelor's degree in a major related to the U.S.-based position being offered. Like the H-1B visa, this visa requires a labor condition application (LCA). Unlike the H-1B, the E-3 does not allow dual intent, which means that once a petition for a green card is filed, this visa will no longer be eligible for renewal or international travel. TN Visa The TN visa was created as a part of the North American Trade Agreement (NAFTA). The TN (Treaty NAFTA) visa allows U.S.-based companies to hire certain candidates from Canada and Mexico. There is no cap to the visa, which means any number of candidates from Mexico and Canada could be accepted each year. It also means that candidates can apply at any time of year, which gives organizations much more flexibility than with other visa application deadlines. This visa is not dual intent, however, it does allow for unlimited extensions. Additionally, the TN visa application process is much simpler than other visas, since Canadian candidates can apply

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