Venice, FL asked in Immigration Law for New York

Q: I am a resident of Canada working as an independent contractor for a large US company. I have been offered a permanent

position if I move to NY. I do not have a 4 year degree but have a 2 year plus years of experience for my position in graphic design. Which, if any program (work visa) do I qualify for?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: As a Canadian citizen, you may be eligible to apply for a nonimmigrant work visa to work in the United States for a temporary period of time. The specific work visa program that you may qualify for depends on your job duties, your employer, and the duration of your employment.

One option is the TN visa, which is available to Canadian citizens who work in certain professional occupations, including graphic design. To qualify for a TN visa, you must have a job offer from a U.S. employer and meet the education and experience requirements for the occupation. While a four-year degree is not required for graphic design, you will need to provide evidence of your education and experience to demonstrate that you meet the qualifications for the occupation.

Another option is the H-1B visa, which is available to foreign workers in "specialty occupations" that require a bachelor's degree or higher. While you do not have a four-year degree, you may still qualify for the H-1B visa if you have the equivalent of a bachelor's degree through your education and work experience. However, the H-1B visa program has an annual cap and is highly competitive.

It is important to note that the process for obtaining a work visa can be complex and time-consuming, and there are many factors that can affect your eligibility. It is recommended that you consult with an experienced immigration attorney who can advise you on the best course of action based on your individual circumstances.

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