If you’re a U.S. company looking to hire foreign-born architects, there are several visa options available, including the H-1B, TN, E-3, and O-1 visas. However, before applying, employers must ensure that candidates meet the specific qualifications required for their chosen visa. This guide breaks down the work visa options and steps involved in hiring foreign architects in the U.S.
Visa Options for Foreign-Born Architects
There are several work visa paths that foreign architects may qualify for, depending on their qualifications and the employer’s needs:
H-1B Visa
The H-1B visa is one of the most popular work visas for specialty occupations, including architecture. To qualify, the applicant must hold at least a bachelor’s degree (or equivalent) in architecture and be licensed to practice architecture in their state. There are only 65,000 H-1B visas available each year, making it competitive.
Note: Before submitting an H-1B petition, the employer must first apply for a Labor Condition Application (LCA), which includes meeting specific regulatory requirements.
TN Visa
Under the North American Free Trade Agreement (NAFTA), citizens of Canada and Mexico may be eligible for a TN visa. This visa allows them to work in the U.S. for an initial period of 3 years. The applicant must have a job offer and the necessary qualifications, including a degree equivalent to a U.S. bachelor’s and state certification.
Note: Mexican citizens must visit a U.S. embassy or consulate to apply, while Canadians can apply for a TN visa at certain U.S. entry points.
E-3 Visa
The E-3 visa is a specialty occupation visa available exclusively to Australian citizens. It is similar to the H-1B visa, with a specific cap (though this cap is rarely filled). Employers must apply for an LCA, and applicants must have a job offer, a degree, and the necessary certifications.
O-1 Visa
The O-1 visa is for individuals who can demonstrate extraordinary ability or achievement in their field. For foreign architects, this means proving that they are leaders in the architecture industry at a national or international level. The O-1 visa allows an initial stay of 3 years, with the possibility of a one-year extension.
Certification Requirements for Architects
To practice architecture in the U.S., foreign architects must obtain the appropriate certification. The National Council of Architectural Registration Boards (NCARB) outlines that there is no single national certification; instead, each state has its licensing board with specific requirements.
Most states require foreign architects to complete an Architectural Experience Program (AEP) and pass the Architect Registration Examination (ARE). Before these steps, candidates must create a profile with NCARB and complete an Education Evaluation Services for Architects (EESA).
Labor Condition Application (LCA) and Recruitment Requirements
When applying for an H-1B or E-3 visa, employers must file an LCA with the U.S. Department of Labor (DOL). As part of the LCA process, employers must post the open position at the worksite for at least 10 consecutive days within the 30 days before applying.
Employers must also demonstrate a genuine effort to hire U.S. workers for the same position before filing the petition. The job listing must include a salary that meets or exceeds the prevailing wage for architects in that geographic area, which can be determined using resources from the National Prevailing Wage Center (NPWC).
Finally, the LCA must be submitted electronically no more than 6 months before the employee’s start date, though exceptions may apply.
Submitting the Visa Petition
The petition process for a U.S. visa will differ depending on the visa type. For the H-1B visa, the steps are as follows:
- Submit the LCA application.
- File Form I-129 (Petition for a Nonimmigrant Worker) with USCIS.
- After Form I-129 is approved, the applicant must apply for the H-1B visa at a U.S. embassy or consulate.
- The candidate must also seek admission with U.S. Customs and Border Protection (CBP) officers at the U.S. border.
Employer Responsibilities After Hiring
Once the foreign architect is hired, employers must ensure they comply with all regulations, including:
- Paying the appropriate wage as specified in the LCA.
- Providing the architect with a copy of the LCA.
- Paying the H-1B visa filing fees.
- Keeping the LCA accurate and up to date.
- Offering the same benefits and working conditions as other employees.
- Reporting any changes to the worker’s status to the DOL.
By following the correct steps and fulfilling these legal requirements, U.S. employers can successfully hire foreign-born architects and navigate the visa application process. Always consider consulting with an immigration attorney to ensure compliance and streamline the hiring process.
