In-bound and Out-bound Immigration Capabilities

Our immigration department serves as a central resource concerning visa and immigration issues for employees. We know that moving to a new country is challenging and we strive to simplify the immigration process and act as an advocate for you and your eligible family members. Our immigration staff processes any necessary U.S. work visas and dependant family member visas, and coordinates the application process for any foreign visas required by employees who need to travel overseas on business.

The In-house Advantage

Our in-house expertise allows us to immediately respond to questions concerning the intricate legal issues surrounding immigration and permits us to provide immediate feedback on the status of applications. Our experienced staff and an in-house immigration attorney are available to answer your questions or provide guidance on any immigration issue.

There are many types of temporary visas, or “non-immigrant” visas, that allow a person to enter the United States for a limited amount of time and for a specific purpose. Eligibility for these visas is governed by unique requirements, and each of these visas allows the holder to stay for different periods of time. The primary types of temporary visas that allow for employment in the U.S. with CTS are H1-B, TN, and E-3 visas.

Advantages and Limitations

The primary advantage in applying for a temporary visa over a permanent visa is the speed in which it is issued. Temporary visas generally take only a few months to obtain, whereas permanent visas can take several years. In addition, permanent visas are usually much harder to qualify for.

The limitations on temporary visas vary with each type of visa. In general, these types of visas allow entry into the U.S. for only a specific period of time and often limit employment to the company that originally sponsored the petition.

The H-1B is a temporary visa that allows for professional employment in the U.S., with an initial duration of three years and the possibility of requesting an additional three year extension. One of the most important requirements to obtain an H-1B visa is that the sponsored employee must have a four-year bachelor’s degree or its equivalent. The equivalent of a bachelor’s degree can be obtained through work experience, with three years of progressively responsible work experience being equivalent to one year of university-level credit. If work experience is required to equate an applicant’s skill level to completion of a bachelor’s degree, then the applicant must document their qualifying work experience through letters of reference.

To apply for an H-1B, a foreign visa applicant must first be sponsored by a U.S. company who will petition the U.S. Citizenship and Immigration Service for approval of the applicant’s admission.

An H-1B employee’s family members may obtain H-4 dependent visas to enter the United States. Although H-4 visa holders cannot work in the U.S., they may attend school or undertake volunteer activities.

Learn how to apply.

The TN is available to citizens of Canada and Mexico, and applies to persons working in professions covered under the North American Free Trade Agreement. Like the H-1B, this visa typically requires a bachelor’s degree or, in some cases, two years of specialized training. The TN is issued in 3-year renewable increments, and the types of employment permitted in the TN classification are strictly limited.

No petition to the U.S. Citizenship and Immigration Service is required before applying for a TN visa. Canadian citizens may apply for TN work authorization at any U.S. Port of Entry. Mexican nationals must apply at a U.S. consulate in Mexico prior to entering the U.S.

A TN employee’s family members may obtain TD dependent visas to enter the United States. Although TD visa holders cannot work in the U.S. they may attend school or undertake volunteer activities.

Learn more about how to apply.

Learn what occupations qualify for the TN Visa.

The E-3 is available to citizens of Australia who work in specialized occupations. Like the H-1B and TN, the E-3 is limited to employment in specialty occupations, and a bachelor’s degree or equivalent work experience is required. The visa is granted in two year increments, and extensions of stay may be granted indefinitely. One additional benefit to the E-3 classification is that accompanying spouses may obtain authorization to work in the U.S. in any capacity they choose.

Application for the E-3 visa is made directly to the U.S. Embassy without the need for a prior petition to the U.S. Citizenship and Immigration Service. Generally, the visa can be issued in a few days and only requires proof of Australian citizenship, a letter from the sponsoring employer, evidence that the employee possesses a bachelor’s degree or its equivalent in a related discipline, and evidence that the U.S. employer has filed a Labor Condition Application for the position.

Permanent Visas (Green Cards)

Permanent visas, symbolized by the receipt of a “green card,” allow a foreign national to permanently live and work in the U.S. A green card holder, officially a Lawful Permanent Resident, may generally enjoy all of the rights and share the same obligations as a U.S. citizen, with exceptions relating to political activity. After five years (or three if you are married to a U.S. citizen), a green card holder can apply for U.S. citizenship, though this is not required.

Green cards can be obtained in a number of different ways, but the primary avenues are family sponsorship and employment sponsorship. An immediate family relative who holds U.S. citizenship or a green card can sponsor you for a green card, as can a U.S. employer who offers a permanent, full-time job.

In general, it will take at least one year (and possibly longer) to complete the entire green card application process.

Our foreign employees may request sponsorship from CTS for permanent visas any time during their employment. Generally, CTS will initiate the process, provided that legal requirements can be met to show a lack of qualified U.S. workers in the respective occupation. Because the process is lengthy and costly, we ask all employees who request sponsorship to remain with us for at least three years from the date they are granted their permanent status in the U.S. If an employee leaves the company prior to the third anniversary of receiving Lawful Permanent Resident status, CTS asks that certain costs of the process be repaid by the employee.

At your request, we will include your spouse and children under the age of 21 in the permanent visa process with you. In general, children have to be under 21 years of age at the time the process is concluded in order to remain eligible as a derivative family member.

Learn more about the green card application process.

Having an employer sponsor you through the process of permanent residency is not in itself authorization to work or live in the U.S. Consequently, an employee must ensure that they are maintaining a valid temporary visa status, such as the H-1B status, while they are undergoing permanent visa sponsorship.

Once Lawful Permanent Resident (LPR) status is obtained, one must still be careful not to lose it. One common way to lose your green card is by being absent from the U.S. for too long. Prolonged absences can cause problems for LPRs attempting to return to the U.S. because the absence can be viewed as an intention to abandon residence here.

Additionally, CTS can never guarantee that a green card will be received, or that the process will be completed in a specific timeframe. We cannot predict how government agencies will respond to the proceedings brought on behalf of any individual. There is a substantial amount of agency discretion inherent in the process, and laws, regulations, and policies may change. Additionally, a number of circumstances could occur which might result in the termination of the process, such as the termination of your employment through CTS.

The permanent visa process generally consists of three phases or stages:

Stage 1: Labor Certification Stage 1: Labor Certification The first stage is referred to as the Application for Alien Employment Certification, or simply the “Labor Certification.” In this stage, CTS acts as the sponsoring or petitioning employer and, through its attorney, requests the United States Department of Labor (DOL) to certify that the company has: (1) offered a position under customary conditions at or above the prevailing wage rate for the geographic area, which, if filled by the employee, will not adversely affect the local wage market or working conditions of similarly situated U.S. workers; (2) undertaken recruitment normal to the industry; and (3) found no qualified U.S. applicants for the position. Stage 2: Immigrant Visa Petition Stage 2: Immigrant Visa Petition If the Labor Certification is approved, the permanent visa process will proceed to the second stage, called the Immigrant Petition for Alien Worker (“Immigrant Visa Petition”). The Immigrant Visa Petition will also be sponsored by the company and will be filed by a company attorney on the company’s behalf with the U.S. Citizenship and Immigration Services (USCIS). The purpose of this proceeding is to obtain USCIS approval of your eligibility for an immigrant visa, entitling you to Lawful Permanent Resident status. Stage 3: Resident Card Status Stage 3: Resident Card Status If the Immigrant Visa Petition is approved, an Application to Adjust Status will need to be completed for you and each eligible family member. In this third and final stage of the process, the USCIS will grant you and any accompanying family members a green card, or “resident card” as they are officially known. In certain circumstances, this stage may also be completed at the designated U.S. Consulate or Embassy overseas. A company attorney for CTS will be available, at the expense of CTS, to assist you and eligible family members at this stage of the visa process, although you may choose your own attorney at your own cost.

We'd be happy to talk with you in more detail about our international services. Call us today at 425.451.0051 or 877.878.2992.

Charlie Mosher, General Counsel and Director of Legal Affairs.

Sharon West, Senior Immigration Paralegal.