H1-B: Workers in a Specialty Occupation

The H-1B Visa is issued for a Specialist for a temporary and a fixed duration. It is neither considered permanent or indefinite. To obtain this visa, the prospective US employer needs to file a petition with the USCIS (US Citizenship & Immigrations Services) in the first place and only on approval could an application for a Visa be processed.

A higher education degree or its equivalent is necessary for a specialty occupation. Such occupations include fashion models who have distinguished themselves with merit, Software & Hardware IT Professionals, Government-to-Government Research & Development staff, or Consultants involved in co-production projects of the Department of Defense etc.

Labor Certification 

It is necessary for certain special category workers to obtain a Labor certification from the Department of Labor. The Form I-129 should first be filled and submitted by the prospective employer on the worker’s behalf.

Petition for H1-B Worker

As part of the H1-B Visa application process, it is also mandatory for the US Employer to file a petition with the USCIS on behalf of the nonimmigrant worker on Form I-129 after reviewing the given instructions on Form 1-129 that is available on the USCIS website.

Reviewing of these instructions would be useful in knowing if labor certification is required by the candidate in the first place.

Once the petition is approved, USCIS will send the prospective US employer a Notice of Action, Form I-797. after which the formal visa application process is to be initiated.

There are various steps and processes for the application process and these may differ from embassy or consulate.

TN Visas (Nonimmigrant NAFTA Professionals)

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada, and Mexico.

The Nonimmigrant NAFTA Professional (TN) Visa allows citizens of Canada and Mexico, as NAFTA professionals, to work in the United States in prearranged business activities for U.S. or foreign employers. Permanent residents of Canada and Mexico are not able to apply for TN visas to work as NAFTA professionals.


The process for applying for an Exchange Visitors visa at the U.S. Embassy or Consulate with jurisdiction over your place of permanent residence involves various steps that include:

  • Submission of Forms, Documentations, Passports, and Photographs
  • Attending Interviews

The order of these steps and how you complete them may vary depending on several factors. For the most updated information, please consult the instructions available on the U.S. Embassy or Consulate Website.

How Anu Attorney Can Help

We at the Anu Attorney Professional Law Group can guide you on your requirements related to the TN Nonimmigrant NAFTA Professionals Visa in the following ways:

    • Provide legal advice on the requirements and other options regarding TN Nonimmigrant NAFTA Professionals Visa
    • Assist to apply for obtaining TN Visa Nonimmigrant NAFTA Professionals Visa
    • Assist to apply for extensions for TN Visa Nonimmigrant NAFTA Professionals

For more information on Exchange Visitors visa, please check out our News, Webinars, andBlog sections.

To see how we were able to successfully help some of our clients on their TN Nonimmigrant NAFTA Professionals Visa requirements, please check out our Success Stories section.