If you are a person in a specialty occupation, fashion model of distinguished merit and ability, or person providing service related to Department of Defense, you may be working legally in the US under the H-1B visa category.
Position of specialty occupation must be:
A self-employed foreign national cannot apply an H-1B visa. However, a business owner may have the company file an H-1B on behalf of him or her.
A start-up company may sponsor an H-1B petition if it has ability to pay the prevailing wage as required in Labor Condition Application.
An H-1B worker may have more than one H-1B petition, one for full-time and one for part-time, for instance. However, one cannot hold two different non-immigrant statuses simultaneously.
Canadian and Mexican national engaged in activities at a professional level may apply TN visa on an annual basis with available indefinite extensions. However, self-employment and immigration intent are prohibited. Australian national who is seeking employment in a specialty occupation may apply E-3 visa for a period of no more than two years with available indefinite extensions. Unlike H or TN visas, dependent spouse of E-3 worker may apply work authorization.
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