IMMIGRATION LAW:
The Basics for Businesses*
by
Diane M. Butler
Lane Powell Spears Lubersky LLP
1420 Fifth Avenue, Suite 4100
Seattle, WA 98101
Telephone: (206) 223-7000
Facsimile: (206) 223-7107
Email: butlerd@lanepowell.com
I.
II.
Background
A.
The demise of the Immigration and Naturalization Service (“INS”) and the
transfer to the Department of Homeland Security (“DHS”)
B.
Who’s in Charge?
1.
U.S. Citizenship and Immigration Services (“USCIS”)
2.
U.S. Customs and Border Protection ("CBP")
3.
U.S. Immigration and Customs Enforcement (“ICE”)
4.
State Department
5.
Immigration Court/Department of Justice
Presumptions of Immigration Law
A.
Not everybody needs a visa
1.
The Visa Waiver Program
2.
Canadian Citizens
B. What to do if you need a visa
III.
The alphabet soup of nonimmigrant status (examples)
A.
B Visa for business visitors and tourists
1.
Purposes for which the visa is available
2.
Limitations on length of stay
3.
Application procedure
4.
Flying or sailing to the United States
*
These materials are provided as general information. The contents do not constitute legal advice. Changes in U.S.
law, policy, or procedure, including changes due to the transfer of immigration functions to the Department of
Homeland Security, may render these materials inaccurate. Consult a qualified immigration attorney before seeking
immigration benefits.
999999.2004/1073889.2
B.
C.
D.
E.
IV.
5.
Documentation and evidence required
6.
Reason for the visit
7.
Limited duration of the visit
8.
Ties and equities
9.
Qualifying for Business Visitor Status
H-1B high tech and other workers
1.
Purposes for which the visa is available
2.
Limitations on length of stay
3.
Application procedure
4.
Employer obligations
5.
Material changes in job
6.
Maintaining public access records
7.
Maintaining other documentation
8.
Penalties for noncompliance
9.
Additional information about the visa process
TNs for Canadians and Mexicans
1.
Purposes for which the visa is available
2.
Limitations on length of stay
3.
Application procedure
L-1 Intracompany transfer
1.
Purposes for which the visa is available
2.
Limitations on length of stay
3.
Application procedure
E Treaty Trader/Treaty Investor temporary status
1.
Purposes for which the visa is available
2.
Limitations on length of stay
3.
Application procedure and general requirements
Immigrant Status (“Green Cards”) Through Employment
A.
EB-1 Priority workers
1.
Foreign nationals of extraordinary ability in the sciences, arts, education,
business or athletics
2.
Foreign national that are outstanding professors or researchers
ii
999999.2004/1073889.2
3.
B.
C.
V.
Foreign nationals that are managers and executives subject to international
transfer to the United States
EB-2 Professionals with advanced degrees or persons with exceptional ability
1.
Foreign nationals of exceptional ability in the sciences, arts or business
2.
Foreign nationals that are advanced degree professionals
EB-3 Skilled or professional workers
1.
Foreign national professionals with bachelor's degrees
2.
Foreign national skilled workers
3.
Foreign national unskilled workers
Employer’s Responsibilities Under IRCA When Hiring Foreign Workers
A.
Prohibition Against Hiring Unauthorized Aliens
B.
Penalties for Hiring Unauthorized Aliens
C.
Do’s and Don’ts of Hiring Practices
Appendix 1: List of All Nonimmigrant Categories
Appendix 2: Trade NAFTA (“TN”) Categories
iii
999999.2004/1073889.2
IMMIGRATION LAW: The Basics for Employers
I. Background
A.
The Demise of the Immigration and Naturalization Service (“INS”) and the
Transfer to the Department of Homeland Security
The Immigration and Nationality Act (“INA” or the “Act”)1 provides the basic
framework for regulating the flow of foreign visitors, foreign workers, and permanent residents
to the United States. This Act sets forth the channels for nonimmigrant (temporary)
classification and immigrant (permanent resident) classifications. Through February 28, 2003,
the INA was administered primarily by the Immigration and Naturalization Service (“INS”)
under the U.S. Department of Justice (“DOJ”). On March 1, 2003, the INS was abolished, and
most immigration functions were transferred to the U.S. Department of Homeland Security
(“DHS” or “Homeland Security”), except for Immigration Court functions, which remain in the
DOJ,2 and some visa issuance functions that remain under the Department of State (“State
Department” or “DOS”).
B.
Who’s In Charge of Immigration Since the Demise Of The INS
Under the new regime, immigration benefits (visa, green card, and citizenship
processing) are handled by U.S. Citizenship & Immigration Services (“USCIS”). DHS Customs
and Border Protection (“CBP”) officials at U.S. land, sea, and airports now decide who can enter
the United States and for how long. A new DHS agency, Immigration and Customs
Enforcement (“ICE”), also was created, and it handles deportation and employer investigations
and sanctions. The State Department retains jurisdiction over visa processing abroad, with U.S.
Homeland Security oversight. Following are the responsibilities of the new divisions.
1.
U.S. Citizenship & Immigration Services
USCIS has taken over the function of processing all immigrant and non-immigrant
benefits provided to visitors and foreign workers in the United States, including the following:
● Employment-based petitions – facilitating the process for current and prospective
employees to work temporarily and stay in the United States or to immigrate
permanently;
● Family-based petitions – facilitating the process for close relatives to immigrate, gain
permanent residency, work, etc.;
1
8 U.S.C. §§1101 et seq.
See Homeland Security Act, 8 U.S.C. 1103; 5 U.S.C. 301; Public Law 107-296, 116 Stat. 2135 (6 U.S.C. 1 et
seq.).
2
1
999999.2004/1073889.2
● Asylum and Refugee processing – adjudicating asylum and the processing of
refugees;
● Naturalization – adjudicating citizenship of eligible persons who wish to become
U.S. citizens;
● Special status programs – adjudicating eligibility for U.S. immigration status as a
form of humanitarian aid to foreign nationals; and
● Document issuance and renewal – including verifying eligibility, on work
authorization and production and issuance of immigration documents.
The USCIS provides its services through the same network of local offices, Application Support
Centers, regional Service Centers, local area immigration services field offices, National
Customer Service Call (“NCSC”) Centers, and Forms Centers, as did the INS. Information is
available through its Internet site at www.uscis.gov.
2.
Customs and Border Protection
The CBP, under the Directorate of Border and Transportation Security, now enforces the
Homeland Security objective of preventing the entry of terrorists and the instruments of
terrorism from entering the United States, while simultaneously endeavoring to facilitate the
efficient flow of lawful traffic and commerce. The CBP incorporates the following agencies:
● United States Customs Service (previously part of the Department of Treasury);
● The Border Patrol and enforcement division of the INS;
● The Animal and Plant Health Inspection Service (“APHIS”) (previously part of the
Department of Agriculture);
● The Federal Law Enforcement Training Center (previously part of Treasury); and
● The Federal Protective Service (previously part of the General Services
Administration) to perform the additional function of protecting government
buildings, a task closely related to the Homeland Security infrastructure protection
responsibilities.
The CBP mission calls for improved security at America's borders and ports of entry as
well as for extending our zone of security beyond our physical borders so that American borders
are the last line of defense, not the first. CBP also is responsible for apprehending individuals
attempting to enter the United States illegally, stemming the flow of illegal drugs and other
contraband; protecting our agricultural and economic interests from harmful pests and diseases;
protecting American businesses from theft of their intellectual property; and regulating and
facilitating international trade, collecting import duties, and enforcing U.S. trade laws.
2
999999.2004/1073889.2
CBP has launched a “One Face at the border” initiative. Under that initiative,
legacy-customs and legacy-INS officers3 who are now CBP officers be able to handle both
Customs and Immigration issues.
3.
Immigration and Customs Enforcement
ICE is the enforcement agency under DHS. It is comprised of the following primary
program areas:
● Immigration Investigations – responsible for investigating violations of the criminal
and administrative provisions of the INA and other related provisions of the
United States Code;
● Customs Investigations – responsible for investigating a range of issues including
terrorist financing, export enforcement, money laundering, smuggling, fraud –
including Intellectual Property Rights violations, and cybercrimes;
● Transportation Security Administration (“TSA”) (previously part of the Department
of Transportation);
● Customs Air and Marine Interdiction – responsible for protecting the Nation's
borders and the American people from the smuggling of narcotics, other contraband,
and terrorist activity with an integrated and coordinated air and marine interdiction
force;
● Federal Protective Service – responsible for providing a safe environment in which
Federal agencies can conduct their business by reducing threats posed against the
over 8,800 General Services Administration (“GSA”)-controlled facilities
nationwide;
● Detention and Removal – responsible for safely and humanely detaining,
transporting, processing and supervising illegal aliens who are awaiting removal or
other disposition of their case;
● Immigration Intelligence – responsible for collecting, analyzing, and disseminating
intelligence to immigration staff at all levels to aid in making day-to-day, mid-term,
and long-term operational decisions; acquiring and allocating resources; and
determining policy; and
● Customs Intelligence – responsible for collecting, analyzing, and disseminating
strategic and tactical intelligence data for use by the operational elements of customs
enforcement.
ICE, as the enforcement agency, also acquired much of the authority for deportation and
removal functions.
3
DHS has directed that the term “legacy” be use instead of “former” or “formerly known as” in referring to the old
Customs and INS agencies.
3
999999.2004/1073889.2
4.
Department of State
The State Department is responsible for administering and enforcing immigration law
functions covering visa issuance abroad. Under the Homeland Security Act, DOS’s Consular
Affairs will continue to issue visas abroad, for both nonimmigrant and immigrant status.
However, Homeland Security will gain increasing authority and oversight for visa issuance. The
consular officer who reviews a visa application has much discretion to decide whether the person
applying for the visa is entitled to the status sought and will be given the opportunity to enter the
United States.
5.
Immigration Court
The Immigration Court and the immigration judges are not transferred to Homeland
Security. They continue to reside within the Executive Office for Immigration Review (“EOIR”)
under the DOJ. The EOIR administers and interprets immigration law through immigration
court proceedings and appellate review below the Federal court level. As a consequence, the
DOJ will retain authority over some enforcement functions, including some deportation matters.
II. Presumptions of Immigration Law
The presumption in immigration law has been that every noncitizen visitor intends to
“immigrate” and reside and work indefinitely in the United States. Unless the person has
authority to do so, he or she must overcome this presumption by demonstrating that he or she
intends to stay only a limited amount of time, and then leave the United States. To overcome the
presumption, a visitor needs to show the limited nature of the visit, including the following:
● The purpose of the trip is to enter the United States for business or pleasure, or
medical treatment, but not to be gainfully employed in the United States;
● The visitor plans to remain only for a specific, limited period; and
● He or she has a residence outside the United States, as well as other binding ties
(“ties and equities”) that will ensure the return abroad at the end of the visit.
With immigration functions transferred to the DHS, there is an added presumption that
every person who seeks to enter the United States is a terrorist, and everyone must overcome this
presumption, as well.
A.
Not Everybody Needs a Visa
1.
The Visa Waiver Program
Not every noncitizen visitor who seeks to enter the United States needs to have a “visa”
issued by a U.S. Consulate or Embassy abroad. The Visa Waiver Program (“VWP”) enables
citizens of participating countries to travel to the United States for tourism or business for up to
4
999999.2004/1073889.2
90 days without obtaining a U.S. visa.4 Currently there are 27 participating countries in the
VWP:
Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France,
Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the
Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia,
Spain, Sweden, Switzerland, and the United Kingdom.
To enter the United States on VWP, travelers from participating countries must have the
following:
● A machine-readable passport issued by the participating country, and valid for at
least six months beyond the intended period of stay;
● Citizenship (not just residence) in the participating country;
● Intent to seek entry for no more than 90 days as a temporary visitor;
● If entering by air or sea, a round-trip transportation ticket issued on a carrier that has
signed an agreement with the U.S. government to participate in the VWP;
● Proof of financial solvency;
● A completed and signed visa waiver arrival/departure form (I-94W), on which he/she
has waived the right to a hearing of exclusion or deportation (these forms are
available from participating carriers, from travel agents, and at land-border ports-ofentry, and they are typically provided by the airlines during flight).
Persons who enter under the VWP cannot obtain extensions of stay in the United States
or change of status, and must leave before the 90-day period expires.
2.
Canadian Citizens
Canadians do not need visas to enter the United States (unless they have E-1 “Treaty
Trader” or E-2 “Treaty Investor” status, discussed below). Until recently, Canadian landed
immigrants from British Commonwealth countries did not need visas, either. However, due to
policy change in March 2003, all Canadian landed immigrants now must have visas to enter the
United States, unless they are entering under the VWP.
Foreign nationals who own residential property in the United States can remain six
months or longer, with evidence of property ownership. This provision can benefit Canadian
“snow birds,” among others. In a letter dated July 5, 2002, then INS Commissioner James Ziglar
told the Canadian Snowbird Association that “any such rule [to limit the period of stay in the
United States] issued by this Service will not hinder the ability of a Canadian citizen desiring to
4
INA §217, 8 U.S.C. §1187; 8 C.F.R. §217.1-217.6; 22 C.F.R. §41.2.
5
999999.2004/1073889.2
spend up to six months in this country from being admitted, provided, as is now the case, that the
Canadian citizen is otherwise eligible for admission to the United States.” [Emphasis added.]5
Canadians and landed immigrants (as well as frequent U.S. travelers to Canada) might
want to consider applying for a “NEXUS” pass, if they drive across the border frequently, and an
INSPASS if they fly to the United States frequently. These passes involve prescreening
clearances to speed processing. More information is available on NEXUS at the following site:
http://www.ccra-adrc.gc.ca/customs/individuals/nexus/menu-e.html
The INSPASS application form is available at the following site (note: the first page of the
attachment is blank):
http://www.usembassycanada.gov/content/travel/i823.pdf.
During the summer, in particular, there may be long waits at the border crossings.
Webcam view of border lineups can be viewed at www.borderlineups.com.
B.
How to Get a Visa
1.
Plan Ahead
Increasingly, there are delays in visa processing. At consular posts, visa applicants will
have a digital photo and inkless fingerprints taken of both index fingers, and the biometric
information will be checked through and recorded in the Automated Biometric Identification
System (“IDENT”) database to issue a biometric visa. Currently, only certain consular posts are
issuing biometric visas. However, the State Department is required to start issuing these visas at
all 211 consulates. Recently, in Vancouver, Canada, IDENT clearance was taking three days.
The lengthy timeframe was due in part to database transmission lines.
The length of the delay may depend on where the person is from and in what country the
application is being processed. A visa applicant should plan in advance.
2.
Interview Requirements
Visa applicants used to be able to obtain visas through the mail. Now, almost all visa
applicants must to go the consulate or embassy for an interview. While the interview
requirement is understandable from a security standpoint, the practical consideration is that
interviewing creates backlogs.
At some consulates, it takes six weeks to schedule an
appointment, depending on the time of year.
After the interview, name checks for criminal background and security clearances
commence. For applicants with common names, from countries designated as State Sponsors of
Terrorism, or with criminal violations, these clearances have taken a few weeks, or in extreme
5
Letter available upon request.
6
999999.2004/1073889.2
cases, up to eight months. However, State Department developments suggest the delays should
be shorter in the future.
When making plans to travel to the United States, allow adequate time to prepare
documentation to process your visa application, if required, and to obtain additional evidence, if
requested by the Consulate office. All visa applicants must complete and submit to a U.S.
Consulate or Embassy abroad an application, form DS-156, available from
http://travel.state.gov/ds0156.pdf. The State Department’s Website, www.travel.state.gov, has
country specific information on visa processing.
In addition, all male visa applicants between the ages of 16 and 45 must complete a
special form DS-157.6 Female visa applicants between the ages of 16 and 45 from the following
countries must also complete the DS-157: China, Cuba, Iran, Iraq, Libya, Russia, Somalia,
Sudan, and Vietnam. Israel and London also require this form from all applicants.
3.
Photographing and Fingerprinting under USVISIT
Visa holders entering the United States or returning after visits aboard now must be
fingerprinted and photographed before entering the country. The Department of Homeland
Security launched the United States Visitor and Immigrant Status Indicator Technology
(“USVISIT”) program, a new entry-exit registration program, at 115 airports and 14 seaports
(those with cruise ships) on January 5, 2004. Land border processing is scheduled to be
introduced in phases through 2006. The plan is to collect data for USVISIT at U.S. consular
offices abroad, as well as at ports of entry.
How Does the Entry System Work? Under USVISIT, a Homeland Security Customs
and Border Protection official reviews each visitor’s travel documents and uses scanning
equipment to collect "biometric identifiers," in particular, fingerprints and photographs. The
visitor places right and left index fingers on a glass plate, and fingerprints are scanned
electronically. The visitor looks into the innocuous eye of a camera, and a digital photograph of
the visitor is captured.
Together with the standard information gathered from a visitor about identity and travel,
the new program is intended to verify the visitor's identity and compare it to information on
immigration and State Department watch lists. Arrival and departure information is to be
automatically captured and reconciled to determine how long the person remained in the United
States.
Does USVISIT Cause Travel Delays? The process is designed to take about 10-15
seconds per person. Travelers should expect delays in processing upon entry and exiting the
United States as kinks are worked out of the systems and efficiency is enhanced.
Who is Exempt? Persons not required to have a visa are not subject to USVISIT. For
example, under current policy Canadians are not required to have a visa to enter the United
6
This form is available from http://usembassy.state.gov/posts/in1/wwwjd157.jpg
7
999999.2004/1073889.2
States (except for Canadians in E-1 “treaty trader” and E-2 “treaty investor” status). Similarly,
persons from friendly countries entering under the U.S. Visa Waiver Program for fewer than 90
days are not subject to USVISIT.
There are also other exemptions, including children under the age of 14, and persons age
80 and older, as well as certain government visa holders. In addition, at this time, Legal
Permanent Residents and U.S. citizens are not required to participate in the program.
How is the Information Used? USVISIT is a cornerstone of the Department of
Homeland Security's goals to improve border management at our ports of entry. By capturing
more complete arrival and departure data for those who require a visa to enter the United States,
the USVISIT program is intended to enhance the security of U.S. citizens and visitors while
expediting legitimate travel and trade. All data obtained from the visitor is stored as part of the
visitor's travel record.
How Will the Exit System Work? While entry procedures are in place at the
designated 115 airports and 14 seaports, departure procedures are currently available only at the
Baltimore airport and Miami seaport. The exit system will be in effect in 30 airports and one
seaport (Miami) in early 2004, and will be phased in at other ports through 2005.
Upon departure, the plan is that visitors will check out at exit points at automated selfservice kiosks by scanning their visa or passport and repeating the simple inkless fingerprinting
process. The exit confirmation will be added to the visitor's travel records to enable immigration
officials to determine whether a visitor appears to have departed in a timely fashion, or to have
overstayed.
III. Nonimmigrant (Temporary) Status Categories for Work and Business
The type of immigration classification available for a foreign national will depend on the
purpose for which travel to and work in the United States is required. Further, the visa
classification may depend on the source of compensation for the foreign national’s work in the
United States. A list of all nonimmigrant categories is set forth at Appendix 1. Each type of
classification has certain limitations on the length of stay. With the focus of U.S. immigration
policy shifting to “Homeland Security,” visitors to the United States may face heightened
scrutiny even over a simple business trip or visit.
A.
B Visa for Business Visitors and Tourists
The basic classification for traveling to the United States for a temporary stay is the
B-1/B-2 temporary business visitor/tourist classification.7 Millions of visitors are admitted to the
United States each year under business visitor (B-1) and tourist (B-2) visas. Previously, visitors
with B1/B2 status were automatically allowed to stay six months in most cases. Now, the policy
is shifting from automatically granting visitors six-month visits, to adhering to the policy of
7
INA § 101(a)(15)(B), 8 U.S.C. § 1101(a)(15)(B); 8 CFR 214.2(b)(1); 22 CFR § 41.31(a).
8
999999.2004/1073889.2
limiting the stay to “a period of time that is fair and reasonable for completion of the purpose of
the visit.”8
1.
Purposes for which the status is available
A B-1 visitor may be admitted for the purpose of engaging in business. The term
“business” includes “legitimate activities of a commercial or professional nature.”9 To obtain
B-1 status, the person must be conducting business on behalf of a foreign entity and not be
compensated in the United States. A B-1 visa is not to be used for the purpose of obtaining or
engaging in employment while in the United States. The following are approved purposes for
obtaining a B-1 visa:
a.
Engage in commercial transactions that do not involve gainful
employment in the United States;
b.
Negotiate contracts;
c.
Consult with business associates;
d.
Litigate;
e.
Participate in scientific, educational, professional or business
conventions, conferences, or seminars; or
f.
Undertake independent research.10
The list is not exhaustive.
2.
Limitations on length of stay
In general, a person in B-1/B-2 status is permitted to stay in the United States for up to
one year and may extend the stay for up to six months more.11 However, persons who enter the
United States under the VWP are limited to one 90-day stay with no extension and no change of
status permitted. As indicated above, the VWP is available in countries that have entered into a
treaty with the United States to ease the restrictions on their nationals traveling between those
countries and the United States.
3.
Application procedure
Most foreign nationals apply for a B-1/B-2 visa in person at a U.S. Embassy or Consulate
abroad. The application may be granted or denied on the spot, although increasingly the
applicant is required to return another day to obtain the visa stamp, if the visa application is
granted, unless there are security or background check delays.
8
INS Operations Instructions 214.2(b).
22 CFR § 41.31(b)(1).
10
9 Foreign Affairs Manual (“FAM”) § 41.31, Note 5; Matter of Hira, 11 I&N Dec. 824 (BIA 1965, 1966; A.G.
1966).
11
8 CFR § 214.2(b)(1).
9
9
999999.2004/1073889.2
4.
Flying or Sailing to the United States
As part of ongoing efforts to enhance public safety and national security, all commercial
carriers must submit detailed passenger manifests electronically before an aircraft or vessel
arrives in or departs from the United States. Therefore, passengers must be prepared to submit
the following information in advance of flying or sailing into the United States:
Complete name;
Date of birth;
Citizenship;
Sex;
Passport number and country of issuance;
Country of residence;
U.S. Visa number; date and place of issuance (where applicable);
Alien registration number (where applicable);
Address while in the United States;
Other information that the USCIS deems necessary.
5.
Documentation and Evidence Required
Whether a person needs a visa or not, in order to be able to visit the United States for the
desired length of time, the person must provide evidence of intended timely departure, as
established by three things: (1) the reason for the visit to the United States; (2) the limited
duration for the trip; and (3) “ties and equities” to the home country.
6.
Reason for the Visit
The following are various types of evidence to present to establish the reason for the visit
to the United States:
An itinerary of places to visit in the United States;
Names, addresses, and phone numbers of people and organizations to visit;
A letter of invitation from people and organizations to visit;
If visiting a company, information about the following:
● Business purpose for the visit;
● A statement that salary and other compensation will not be paid in the
United States or from a U.S. source;
To stay at a residence owned in the United States, bring evidence of the property
ownership.
10
999999.2004/1073889.2
7.
Limited Duration of the Visit
The following are various types of evidence to present to establish that the visitor intends
to leave the United States in a timely fashion:
Roundtrip travel arrangements and/or an itinerary showing departure date;
Evidence of “ties and equities,” listed below.
8.
Ties and Equities
The visitor must present evidence of “ties and equities” to the home country to satisfy the
consular official who reviews the visa application and/or the immigration officer at the port of
entry, that the person will return abroad on time. The following are various types of evidence to
present to show ties and equities:
Evidence of reasonably good and permanent employment abroad, such as:
A letter from employer abroad, including a description of the following, as
appropriate:
● Position duties;
● Salary and other compensation, including bonuses and commissions;
● Statement that the employer requires the visitor to return to resume the duties
abroad.
Copies of pay stubs or other evidence of compensation;
Evidence of years of service;
A bank account statement showing recent activity in the applicant’s bank account;
Business card;
Badge or identification card from job;
The company's charter document or business license.
Evidence of close family ties abroad, such as:
Photographs of family members who are in the home country;
Marriage certificate;
Applicant’s child(ren)'s birth certificate(s);
Evidence of care for aging parents;
Other evidence of close family ties in the home country;
Evidence of meaningful business or financial connections abroad, such as:
Evidence of property ownership;
11
999999.2004/1073889.2
Evidence of a reasonably high standard of living in the home country;
Evidence of ties to social or cultural association abroad, such as:
Evidence of holding a leadership role in an organization;
Evidence of important meetings or events in which the person plays a key role;
Other evidence that indicates a strong inducement to return abroad, such as:
Letter of acceptance to a school abroad, or transcript;
Events that will take place in your home country after return that the visitor
“cannot miss”.
Where possible, original documents should be provided to the consular officer to review.
As recommended, build in ample time before the planned travel date when seeking to obtain a
visa.
9.
Qualifying for Business Visitor Status
When an immigration officer encounters someone seeking to enter the United States as a
business visitor, he or she may ask the following questions to determine whether business visitor
status is the proper status:
1.
Will the individual be compensated (beyond reimbursement for expenses or per
diem) from a U.S. source?
2.
Will the individual, even if uncompensated, perform services for which a U.S.
worker would have to be hired or are the services inherently part of the U.S. labor
market?
3.
Are the services primarily benefiting the U.S. entity as local work or hire (as
contrasted with benefiting the alien him/herself or the foreign employer in
furtherance of international trade)?
A “yes” to any of the foregoing questions could disqualify the alien from B-1 business visitor
status or the visa waiver program.
12
999999.2004/1073889.2
B.
H-1B Specialty Occupation
H-1B status is often used to employ foreign nationals in the United States. An employer
must petition for or sponsor the foreign national for H-1B status. There is no requirement to
look for U.S. workers before hiring a foreign national in H-1B status. Thus, the category can be
quite flexible, for those qualifying situations.
1.
Purposes for which the status is available
The H-1B is limited by law to persons coming to the United States to perform services in
"specialty occupations." Specialty occupations are those that require the following:
•
Theoretical and practical application of highly specialized knowledge; and
•
Attainment of a bachelor's or higher degree (or its equivalent) in the specific specialty
as a minimum for entry into the occupation in the United States.12
Since the Immigration Act of 1990, the H-1B petition process requires two basic steps.
First, the employer must apply to the U.S. Department of Labor (“DOL”) for certification of a
Labor Condition Application (“LCA”). Second, once this certification is obtained, the petition
for H-1B classification is filed with USCIS.
2.
Limitations on length of stay
The initial period of authorized stay under an H-1B visa is generally three years.
Extensions available for up to a total of six (6) years. However, where an employer goes on to
sponsor the employer for permanent resident status before the fifth year in H-1B status ends, in
some case an extension beyond six years may be available.
3.
The application procedure
It is necessary to file an LCA with the DOL before an H-1B petition is filed with USCIS.
One of the main pieces of information on the LCA is the wage that the company proposes to pay.
The law requires that this wage be either the "actual wage" for the particular occupation at the
place of employment, or within 5% of the "prevailing wage" for the occupation in the general
geographical area—whichever of the two is higher. Of course, an employer may pay more than
the prevailing wage. An employer also may list a salary range on the LCA form, but the lower
end of the range must be at least the higher of the actual and prevailing wage rates.
Thus, the initial task in preparing an LCA is to determine both the actual wage and the
prevailing wage for the position in question. The actual wage means the wage rate paid by the
employer to individuals with experience and qualifications similar to the alien for the specific
occupation in question at that work site. If there are such individuals at the company, and if they
are paid more than the proposed salary for the alien, it is necessary to justify the discrepancy
12
INA §214(i)(1), 8 U.S.C. §1184(i)(1), 8 CFR §214.2(h)(4)(ii).
13
999999.2004/1073889.2
based on a difference in such factors as educational attainments, years of experience, particular
skills and abilities, responsibilities and functions, seniority with the company, etc. If there is no
such basis to justify the discrepancy, then the alien must be paid at least the same amount as the
other employees with similar experience and qualifications for the specific occupation. To do an
actual wage analysis, it is necessary to have information concerning the other individuals who
are employed by the company in the specific position in question. The employer must also be
able to explain the actual formula or methodology the company uses to calculate wages.
The prevailing wage means the average rate of wages for the specific occupation in the
geographical area of intended employment. Often the best means of establishing the prevailing
wage is by reference to one or more published salary surveys, or by requesting a prevailing wage
determination for the geographical area from the state employment agency. Recognizing that it
may be difficult to ascertain the prevailing wage with precision, the regulations provide that the
salary must be within five percent of the prevailing wage.
4.
Employer obligations
On the LCA form itself the employer states the wage, the prevailing wage and its source,
the job title, the number of H-1B workers needed, and the period of need. In signing and filing
an LCA, an employer also makes the following four attestations:
(1)
For the entire period of authorized employment, the wage paid to an H-1B
employee will be at least the higher of the actual wage or the prevailing wage.
Every 36 months, the prevailing wage must be re-determined to ensure that the
employer is continuing to pay the prevailing wage.
(2)
The employer will provide "working conditions" for H-1B nonimmigrants, which
will not adversely affect the working conditions of similarly employed workers in
the geographical area. The regulations state that working conditions refer to such
matters as hours, shifts, vacation periods, and fringe benefits. In practice, this
means that such conditions should not be inferior to those offered by other
companies to persons who are similarly employed.
(3)
On the date the LCA is signed and submitted there was not a strike, lockout, or
work stoppage in the course of a labor dispute in the relevant occupation at the
place of employment. If a strike occurs after filing the LCA, the employer has
three days to notify DOL of this occurrence.
(4)
A copy of the LCA must be provided to the H-1B alien. Also, on or before the
date the LCA is filed, a notice of the application must be posted at two
conspicuous locations at the work sites; or, if there is a collective bargaining
representative in the occupational classification in which the alien is to be
employed, notice must be provided to the bargaining representative. The
employer must also keep a record of the dates and locations the notice was posted,
and must keep a copy of the notice in its files.
14
999999.2004/1073889.2
5.
Material changes in job
Recently, issues related to immigration have received a great deal of attention in the
public media and in Congress. Consequently, applications for nonimmigrant professionals are
receiving heightened scrutiny from the concerned agencies in order to eliminate fraud and abuse
of the regulations governing U.S. work authorization.
One issue that is now being examined more carefully by the agencies processing H-1
related applications is the question of location—where will the services be performed or the
employment take place? The geographic area where the job duties will be performed must
govern the determination of prevailing wage for the proposed employment. If the employment
involves performing work in more than one location, (whether the new worksite is another
establishment of the employer, or is the worksite of another entity such as a customer of the
employer), the employer must meet the prevailing wage for the occupation in each geographic
area where the period of employment for any H-1 worker will exceed 90 days. This may involve
the submission of actual and prevailing wage information for several employment locations, and
it also may require the filing of multiple LCAs, and the posting of notices at each job site.
Additionally, if an employee receives a promotion and/or there is a substantial change in
job duties, a new LCA and prevailing wage determination must be done. Further, any H-1B
non-immigrant employed under an LCA in a full-time capacity must be guaranteed full-time
wages during the entire validity period specified on the LCA, even if the H-1B non-immigrant is
not engaged in productive work for employment-related conditions such as lack of work training
periods or other such reasons.
6.
Maintaining public access records
The employer also has obligations for maintaining H-1B records. Within one working
day of filing an LCA, certain records must be made available to the public upon request. The
required records are the following:
(1)
A copy of the LCA;
(2)
Documentation that shows the wage rate to be paid the H-1B nonimmigrant;
(3)
A full, clear explanation of the system that the employer used to set the “actual
wage” the employer has paid or will pay workers in the occupation for which the
H-1B nonimmigrant is sought, including any periodic increases which the system
may provide, for example, a memorandum summarizing the system or a copy of
the employer's pay system or scale (payroll records are not required, although
they shall be made available to the DOL in an enforcement action);
(4)
A copy of the documentation used to establish the “prevailing wage” for the
occupation for which the H-1B nonimmigrant is sought;
(5)
Documentation showing that the employer has posted the LCA and has provided
a copy of the LCA to the H-1B nonimmigrant and to union representatives, if
applicable.
15
999999.2004/1073889.2
To satisfy the obligation, the employer should maintain a public access folder for each
H-1B worker that contains copies of the documentation.
7.
Maintaining other documentation
In addition to the public access documents discussed above, the company must develop
and maintain the following documentation:
Payroll records for all employees with similar qualifications and experience in the
position, throughout the period of employment, including the following:
1.
2.
3.
5.
6.
7.
Employee's name;
Home address;
Occupation;
Actual rate of pay;
Total pay period additions or deductions;
Total wages paid each pay period, the period covered, and the date of
payment.
A calculation of the actual wage rate paid to the H-1B worker; and
Documentation regarding fringe benefits plans provided to workers.
The company must maintain this documentation for three years from the date of the
creation of the records (or, if a complaint is filed, for as long as it takes to resolve the complaint).
This documentation must be made available for DOL examination immediately upon request.
8.
Penalties for noncompliance
The new law provides penalties for noncompliance. Back wages may be assessed where
the alien has not been paid the higher of the actual wage or the prevailing wage, and a monetary
penalty of $1,000 per violation may be assessed, and the employer may be barred from filing
immigration petitions in the future.
Investigations will be undertaken by the DOL if a complaint is filed. If an employer
obtains the prevailing wage from, and in good faith relies on, an independent authoritative source
wage survey, DOL will not investigate unless it receives significant evidence that shows a
prevailing wage that varies substantially from the prevailing wage attested by the employer.
Bear in mind that the prevailing wage will also vary from location to location if the employee
performs services in more than one geographic area.
If the alien employee is being transferred to different job sites, or if he or she receives a
promotion, it is usually necessary to prepare a new wage determination and LCA, and, under
some circumstances, to file an amended H-1B petition.
16
999999.2004/1073889.2
If the employer dismisses an H-1B alien from employment before the end of the period
requested and authorized by the petition, then the employer is liable for the alien's return
transportation abroad. This provision is complaint-driven, and no penalty is contained in the
regulation. If the alien leaves of his own accord, there is no return transportation liability. In
addition, the employer should notify the USCIS that it has terminated the employee; otherwise,
the employer could be held liable for continuing to pay the prevailing wage until the validity of
the H-1B status expires.
9.
Additional Information About the H-1B Visa Process and “Portability”
If the alien is inside the United States, the petition will normally include an application
for change of nonimmigrant status. The alien already has H-1B status through another employer,
he or she may begin work with the new employer as soon as the H-1B petition is filed. This
concept is called “portability.”
If the alien is or will be outside the United States, he or she will need to apply for an
H-1B visa at a U.S. Consulate abroad. The visa application process is generally more readily
approved than for B-1/B-2 visa applications.
C.
TNs for Canadian and Mexicans
Under the North American Free Trade Agreement (“NAFTA”), certain professionals
from NAFTA countries may be eligible for a Trade NAFTA (“TN”) visa to work in the
United States. A individual may self-petition for TN status; no employer petitioner is required.
1.
Purposes for which the status is available
To qualify for TN status, the applicant must meet the following conditions:
● Applicant must be a Canadian or Mexican citizen. It is not sufficient
for the applicant to merely hold "landed immigrant" status in Canada.
● Applicant must be a member of one of professions listed in Schedule 2
to Annex 1502.1 of the Free Trade Agreement (“FTA”) (attached as
Appendix 2). Note that the list is exclusive, i.e., any profession not
specifically stated in Schedule 2 does not qualify for a TN status.
Moreover, the categories are narrowly construed. Note that there is
no category for "executive" or "manager,” and that a professional
entering the U.S. to serve in an executive or managerial position
should be prepared to indicate why professional expertise is required
in the position in question.
● Employment, in most cases, must be pre-arranged before a TN visa
will be issued. An applicant seeking entry to search for a job can on
B-1 status. An applicant who has an ownership interest in the
prospective U.S. employer cannot qualify for TN classification.
17
999999.2004/1073889.2
2.
Limitations on length of stay
The term of TN status is up to one year, renewable in one-year increments. The law does
not provide any limit to the number of renewals issued to a TN holder. Placing a time limit on
the validity of a TN visa is, however, under active consideration by Canadian and U.S.
authorities.
3.
Application procedure
Following are the items required for TN status:
● Proof of Canadian or Mexican citizenship. For Canadians, this need
not be a Canadian passport unless the Canadian citizen is arriving
from outside the Western Hemisphere
● Letter from applicant's prospective U.S. employer. The letter should
cover the following:
a.
The professional activity to be engaged in, and why a
professional foreign person is necessary to fill the particular
position in question (note that the employer must show not
only that the employee is a professional, but that the position
to be filled is at a professional level);
b.
The anticipated length of stay (not more that one year);
c.
Applicant's academic qualifications;
d.
Applicable state or professional licensing requirements, if
applicable;
e.
Salary and other remuneration.
● Other documentation: Photocopies of documents supporting the
affirmation made in the prospective employer's letter should also be
submitted by applicant, including the following:
4.
f.
Diplomas or degrees (provide originals);
g.
Membership in professional association (if applicable);
h.
Professional licenses (if applicable).
Obtaining the TN classification
TN classification is only issued at Class "A" port of entries (such as the Peach Arch
crossing at Blaine, Washington), international airports, and INS airport pre-boarding stations.
The "TN" symbol is stamped on the I-94 Arrival/Departure card issued to the alien upon his/her
first entry into the U.S.
A $50.00 fee must accompany the application (also a $6.00 fee for issuing the I-94 form).
18
999999.2004/1073889.2
5.
Spouse and children
An applicant's spouse and minor children (under the age of 21) are automatically granted
"TN dependent" (“TD”) status upon the approval of the principal TN application, if Canadian or
Mexican citizens. If the dependent family members are not Canadian or Mexican citizens, then
they are required to apply for a valid B-1 visa or a border-crossing card if they are not exempt
from the visa requirement. Spouse and children are not permitted to accept employment unless
they qualify for employment on other grounds.
6.
Dual Intent
The TN classification allows for the temporary entry of Canadian and Mexican citizens.
"Temporary entry" is defined as entry without intent to establish permanent residence TN
applicants may not have the “dual intent” of remaining temporarily while applying for permanent
residence. Therefore, if a person has applied for permanent resident status, a subsequent TN
application is likely to be denied.
D.
L-1 Intracompany Transfer
1.
Purposes for which the status is available
L-1 status is available for “intracompany exchanges” of executives and managers, and
employees with “specialized knowledge,” whom the company seeks to transfer from a foreign to
a U.S. entity.13 Executives and managers obtain L-1A status, and employees with specialized
knowledge obtain L-1B status.
The L-1 status is available where (1) the foreign national worked for a company abroad
for one continuous year in the preceding three years; (2) the company abroad has a “qualifying
relationship” with the U.S. company as a parent, subsidiary, affiliate or branch; (3) the company
abroad conducts business during the entire period of time the foreign national is in the
United States; (4) the foreign national was employed abroad in an executive, managerial or
specialized knowledge positions and is coming to the United States to one of those positions; and
(5) the foreign national is qualified for the position, based on prior education and experience.14
2.
Limitations on length of stay
L-1 status for existing entities is available for up to three years and can be extended in
increments of up to two years.15 Managers and executives with L-1A status can extend their
visas for a total of seven years.16 L-1B status is available for a total of five years.17
13
INA § 101(a)(44), 8 USC § 1101(a)(44).
8 CFR 214.2(l)(1)(ii)(A), (3).
15
8 CFR 214.2(l)(7).
16
8 CFR 214.2(l)(12).
17
Id.
14
19
999999.2004/1073889.2
3.
Application procedure
Petitions are submitted to the regional USCIS Service Center for the location where the
L-1 visa holder will work. For Canadian citizens, the L-1 petition can be processed by U.S.
immigration officials Ports of Entry or Pre-Flight Inspection offices, such as at the Vancouver
International Airport, or at the border crossing at Blaine or Sumas, Washington.
In order to obtain L-1A status, the person must hold a senior level position.18 In order to
obtain L-1B status, the person must have an advanced level of expertise and proprietary
knowledge of the organization’s products, services, research, equipment, techniques,
management, or other interest of the employer that is not readily available in the United States
job market.19
For L-1A or L-1B status, the petitioner must show that the U.S. operations to which the
foreign employee will be assigned, and the operations for which he or she worked abroad during
the required one-year period, have a “qualifying relationship.”20 Under the applicable
regulations, parent-subsidiary relationships are “qualifying,” as are branch offices and
affiliations between U.S. and foreign companies. The relationship is determined by the
ownership and control of the companies.21
One important aspect of obtaining and maintaining an L-1 visa is that USCIS must be
satisfied that both the U.S. and the foreign entity will continue doing business for the duration of
the status. “Doing business” means the regular, systematic and continuous provision of goods
and/or services by a qualifying organization, not merely through the presence of an agent.22 The
law requires that the U.S. company that employs an alien have a continuous qualifying
relationship with a company in at least one other country. However, if the foreign operations
cease to exist, then there is no qualifying relationship, and USCIS could revoke L-1 visa status.
E.
E Treaty Trader/Treaty Investor Temporary Status
1.
Purposes for which the status is available
Section 101(a)(15)(E) of the U.S. Immigration and Nationality Act provides for visa
status for nationals of a country that maintain an appropriate treaty of commerce and navigation
with the United States, or a country that is considered to be a treaty country under U.S. law. The
applicant must be coming to the United States to carry on substantial trade or to develop and
direct the operations of an enterprise in which the national has invested, or is actively in the
process of investing, a substantial amount of capital.
18
8 CFR 214.2(l)(1)(ii).
8 CFR 214.2(l)(1)(ii)(D).
20
8 CFR 214.2(l)(1)(ii)(G).
21
8 CFR 214.2(l)(1)(ii)(I) - (L).
22
8 CFR 214.2(l)(1)(ii)(H).
19
20
999999.2004/1073889.2
If applicants are not the principal investors, they must be employed as a supervisor,
executive, or as the possessor of highly specialized skills for an essential position within the
company.
The E nonimmigrant visas are available only if a treaty of commerce and navigation is in
existence between the U.S. and the applicant’s country. The following countries are eligible for
both E-1 and E-2 visas unless indicated by an asterisk:
Argentina, Australia, Austria, Bangladesh**, Belgium, Bolivia*, Bosnia-Herzegovina,
Brunei*, Bulgaria**, Cameroon**, Canada, Colombia, Congo**, Costa Rica, Croatia,
Czechoslovakia**, Denmark*, Egypt**, Estonia*, Ethiopia, Finland, France,
Germany, Greece*, Grenada**, Honduras, Iran, Ireland*, Israel*, Italy, Japan,
Kazakstan**, Korea, Kyrgyzstan**, Latvia*, Liberia, Luxembourg, Mexico,
Modova**, Morocco**, Netherlands, Norway, Sultanate of Muscat and Oman,
Pakistan, Panama**, Paraguay, Philippines, Poland**, Romania**, Senegal**, Slovak
Republic**, Slovenia, Spain, Sri Lanka**, Surinam, Sweden, Switzerland, Taiwan,
Thailand, Togo, Tunisia**, Turkey, United Kingdom, Yugoslavia, Zaire**.
(* indicates country is eligible only for E-1 visa. ** indicates country is eligible only for
E-2 visa)
The following countries have no applicable treaty with the U.S.: Brazil, China (PRC,
including Hong Kong), Chile, India, Malaysia, New Zealand, Russia, Singapore, Venezuela,
Vietnam.
There are two types of E visas:
1.
E-1, Treaty Trader, accorded to an alien entering the Unites States to conduct
substantial trade principally between the U.S. and the treaty country.
2.
E-2, Treaty Investor, accorded to an alien entering the U.S. to develop and direct
and supervise the operation of an enterprise in which he/she has invested a
substantial amount of capital.
The validity of the E Visa (issued at a U.S. consulate abroad) varies according to the
treaty country. It generally ranges from 6 months to 5 years. For example, an E visa issued to a
Japanese or Canadian citizen is valid for five years. However, the E visa holder can extend this
period almost indefinitely, so long as the person establishes entitlement to continue to hold the
status.
2.
Limitations on length of stay
E-1 and E-2 status have no time limit. The beneficiary can continue to extend the status
as long as the qualifying criteria continue to exist and the beneficiaries continue to work for the
U.S. entity.
3.
Application procedure and general requirements
21
999999.2004/1073889.2
Following are the general requirements for E visas:
1.
A treaty must exist between the U.S. and the qualifying company's (alien's) home
country.
2.
The foreign trader or investor must own the majority interest (at least 50%) in the
U.S. trading or investing company.
3.
The nationality of the E visa applicant must be the same as the treaty country.
4.
The duties performed by the treaty trader or investor must be of supervisory and
executive level or in a capacity essential to the operations of the trade or
investment in the U.S.
5.
Alien trader or investor must intend to return to his/her country at the termination
of duties in the U.S. No foreign residence address is required. Dual intent is not
recognized, that is, the applicant may not have the intent to remain in the United
States temporarily while applying for permanent residence. However, an
application should not be denied on the basis of request for labor certification or a
filed or approved immigrant petition.
Because E visas are treaty-based, the initial application is typically submitted to the
U.S. Consular office abroad in the country from which the investor and individual beneficiaries
come. The beneficiaries and their family members must have interviews to obtain visas in order
to enter the United States in E-1 or E-2 status. The exception to the rule is that a beneficiary
who has nonimmigrant status and is in the United States initially may obtain E status without
applying through a Consulate. However, if the person departs the United States he must have an
E visa to return.
22
999999.2004/1073889.2
Appendix 1
LIST OF ALL NONIMMIGRANT CATEGORIES
Visa Symbol
A-1
A-2
A-3
B-1
B-2
C-1
C-2
C-3
D
E-1
E-2
F-1
F-2
G-1
G-2
G-3
G-4
G-5
H-1B
H-2A
H-2B
H-3
H-4
I
J-1
J-2
K-1
K-2
L-1
L-2
M-1
M-2
Classification
Ambassador, Public Minister, Career Diplomat or Consular Officer, or
Immediate Family
Other Foreign Government Official or Employee, or Immediate Family
Attendant, Servant, or Personal Employee of A-1
Temporary Visitor for Business
Temporary Visitor for Pleasure
Alien in Transit
Alien in Transit to U. N. Headquarters Under § 11(3), (4) or (5) of the
Headquarters Agreement
Foreign Government Official, Immediate Family,
Crewmember (Sea or Air)
Treaty Trader, Spouse or Child
Treaty Investor, Spouse or Child
Student
Spouse or Child of F-1
Principal Resident Representative of Recognized Foreign Member
Government to International Organization, Staff, or Immediate Family
Other Representative of Recognized Foreign Member Government to
International Organization, or Immediate Family
Representative of Nonrecognized Nonmember Foreign Government to
International Organization or Immediate Family
International Organization Officer or Employee or Immediate Family
Attendant, Servant, or Personal Employee of G-1 through G-4 or
Immediate Family
Alien in a Specialty Occupation (Profession), generally requires at least
a Bachelor’s degree
Temporary Worker Performing Agricultural Services Unavailable in
U.S.
Temporary Worker Performing Other Services Unavailable in the
United States
Trainee
Spouse or Child of Alien Classified H-1A/B, H-2A/B, or H-3
Representative of Foreign Information Media, Spouse or Child
Exchange Visitor
Spouse or Child of J-1
Fiance(e) of U.S. Citizen
Child of fiance(e) of U.S. Citizen
Intracompany Transferee (Executive, Managerial, and Specialized
Knowledge) who, within the three preceding years, has been employed
abroad continuously for one year, and who will be employed by a
branch, parent, affiliate, or subsidiary of that same employer in the
United States
Spouse or Child of Intracompany Transferee
Vocational Student or Other Nonacademic Student
Spouse or Child of M-1
23
999999.2004/1073889.2
Visa Symbol
N-8
N-9
NATO
O-1
O-2
O-3
P-1
P-2
P-3
P-4
Q-1
R-1
R-2
S
S-1
S-2
T
TN
TD
U
V
Classification
Parent of An Alien Classified SK-3 Special Immigrant
Child of N-8 or of an SK-1, SK-2, or SK-4 Special Immigrant
Representative of Member State to NATO
Alien With Extraordinary Ability in Sciences, Arts, Education,
Business or Athletics
Accompanying Alien
Spouse or Child of O-1 or 0-2
Internationally Recognized Athlete or Member of Internationally
Recognized Entertainment Group
Artist or Entertainer in a Reciprocal Exchange Program
Artist or Entertainer in a Culturally Unique Program
Spouse or Child of P-1, P-2 or P-3
Participant in an International Cultural Exchange Program
Alien in a Religious Occupation
Spouse or Child of R-1
Criminal informants
Certain Aliens Supplying Critical Information Relating to a Criminal
Organization or Enterprise
Certain Aliens Supplying Critical Information Relating to Terrorism
Victims of international trafficking in persons
NAFTA Professional
Spouse or Child of NAFTA Professional
Victims of spousal or child abuse
Spouses and minor children of permanent residents who are waiting for
green cards
24
999999.2004/1073889.2
Appendix 2
Trade NAFTA (“TN”) OCCUPATIONS
Profession
Accountant
Actuary (proposed)
Agriculturist (including
Agronomist)
Animal Breeder
Animal Scientist
Apiculturist
Architect
Astronomer
Biochemist
Biologist
Chemist
Computer Systems Analyst
Dairy Scientist
Dentist
Dietitian
Disaster Relief Insurance
Claims Adjuster
(claims adjuster
employed by an insurance
company located in the
territory of a Party, or an
independent claims adjuster)
Economist
Engineer
Entomologist
Epidemiologist
Forester
Geneticist
Geochemist
Geologist
Geophysicist (including
Oceanographer in Mexico and
the United States)
Graphic Designer
Horticulturist
Minimum Educational Requirements
And Alternative Credentials
Baccalaureate or Licenciatura degree; or C.P.A., C.A., C.G.A.,
or C.M.A
To be determined
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura degree; or state/provincial
license.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura degree; or Post-Secondary
Diploma or Post Secondary Certificate and three years’
experience.
Baccalaureate or Licenciatura Degree.
D.D.S., D.M.D., Doctor en Odontologia or Doctor enCirugia
Dental or state/provincial license.
Baccalaureate or Licenciatura Degree; or state/provincial
license.
Baccalaureate or Licenciatura degree and successful completion
of training in the appropriate areas of insurance adjustment
pertaining to disaster relief claims; or three years experience in
claims adjustment and successful completion of training in the
appropriate areas of insurance adjustment pertaining to disaster
relief claims.
Baccalaureate or Licenciatura degree.
Baccalaureate or Licenciatura degree; or state/provincial
license.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura degree; or state/provincial
license.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura degree; or Post-Secondary
Diploma and three years experience.
Baccalaureate or Licenciatura Degree.
25
999999.2004/1073889.2
Profession
Hotel Manager
Industrial Designer
Interior Designer
Land Surveyor
Landscape Architect
Lawyer
(including Notary in
the Province of Quebec)
Librarian
Management Consultant
Mathematician
(including
statistician)
Medical Laboratory
Technologist (Canada)/
Medical Technologist
(Mexico and the
United States)
Meteorologist
Nutritionist
Occupational Therapist
Pharmacist
Pharmacologist
Physician
(teaching or research
only)
Physicist
(including
Oceanographer in Canada)
Physiotherapist/ Physical
Therapist
Plant Breeder
Plant Pathologist (proposed)
Poultry Scientist
Psychologist
Minimum Educational Requirements
And Alternative Credentials
Baccalaureate or Licenciatura degree in hotel/restaurant
management, or Post-Secondary Diploma or Post-Secondary
Certificate in Hotel/Restaurant Management and three years
experience in hotel/restaurant management.
Baccalaureate or Licenciatura degree; or Post-Secondary
Diploma or Post-Secondary Certificate, and three years
experience.
Baccalaureate or Licenciatura degree; or Post-Secondary
Diploma or Post-Secondary Certificate, and three years
experience.
Baccalaureate or Licenciatura degree or state/provincial/federal
license.
Baccalaureate or Licenciatura degree.
Baccalaureate or Licenciatura degree; or Post-Secondary
Diploma or Post-Secondary Certificate, and three years
experience.
M.L.S., or B.L.S. (for which another Baccalaureate or
Licenciatura degree was a prerequisite).
Baccalaureate or Licenciatura degree; or equivalent professional
experience as established by statement or professional credential
attesting to five years experience as a management consultant,
or five years experience in a field of specialty related to the
consulting agreement.
Baccalaureate or Licenciatura degree.
Baccalaureate or Licenciatura Degree; or Post-Secondary
Diploma or Post-Secondary Certificate, and three years
experience.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura Degree; or state/provincial
license.
Baccalaureate or Licenciatura Degree; or state/provincial
license.
Baccalaureate or Licenciatura Degree.
M.D. or Doctor en Medicina or state/ provincial license.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura Degree; or state/ provincial
license.
Baccalaureate or Licenciatura Degree.
To be determined
Baccalaureate or Licenciatura Degree.
state/provincial license; or Licenciatura Degree.
26
999999.2004/1073889.2
Profession
Range Manager/Range
Conservationist
Recreational Therapist
Registered nurse
Research Assistant
(working in a postsecondary educational
institution)
Scientific Technician/
Technologist
Social Worker
Soil Scientist
Sylviculturist
(including
Forestry Specialist)
Teacher, College, University
Technical Publications Writer
Urban Planner
(including
Geographer)
Veterinarian
Vocational Counselor
Zoologist
Minimum Educational Requirements
And Alternative Credentials
Baccalaureate or Licenciatura degree.
Baccalaureate or Licenciatura Degree.
state/provincial license or Licenciatura Degree.
Baccalaureate or Licenciatura degree.
Possession of (a) theoretical knowledge of any of the following
disciplines: agricultural sciences, astronomy, biology,
chemistry, engineering, forestry, geology, geophysics,
meteorology, or physics; and (b) the ability to solve practical
problems in any of those disciplines, or the ability to apply
principles of any of those disciplines to basic or applied
research.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura Degree, or Post-Secondary
Diploma or Post-Secondary Certificate, and three years
experience.
Baccalaureate or Licenciatura Degree.
D.V.M., D.V.M. or Doctor en Veterinaria; or state/ provincial
license.
Baccalaureate or Licenciatura Degree.
Baccalaureate or Licenciatura Degree.
27
999999.2004/1073889.2