Commerce Q&A supports the North Dakota Department of Commerce's mission to attract, retain, and expand wealth and talent by addressing questions on business, community services, tourism, and workforce development to foster growth and opportunity.
Commerce General Questions
Where can I find available grants to apply for?
The North Dakota Department of Commerce offers programs and services to support business, workforce and community development in partnership with local leaders. Click this link for more information: https://www.commerce.nd.gov/services-assistance/grant-programs
I am looking for Employment Verification:
State Employment Verification | Office of Management and Budget North Dakota
I would like to make a payment to Commerce but would prefer to do so electronically rather than by check. Do you have an electronic payment option?
Please call 701-328-5300 and we can take your credit card payment by phone.
Fiscal and Administration Questions
How do I update my ACH bank account information in Vendor Registry?
Existing vendors will need to submit a filled-out copy of the ACH Authorization form (can be provided upon request) and a voided check OR letter from their bank with contact details in the letterhead to our Fiscal Technician who will work with Vendor Registry to get it updated in their system.
Who do I contact if I need any assistance with completing or updating my Vendor Registry account?
Assistance can be found here. Additionally, our Fiscal Technician can provide limited access with setup.
What is needed to get set up as a state vendor through the North Dakota Department of Commerce?
We will require a recent (within the last year) W-9 form (or substitute for foreign companies) for check payments and a filled-out copy of the ACH Authorization form (can be provided upon request) and a voided check OR letter from their bank with contact details in the letterhead for ACH payments.
How do I update the address on file for my Vendor Registry account (for check payments)?
Please submit a recent (within the last year) W-9 form (or substitute for foreign companies) to update a vendor address for check payments.
How do I add an additional payment method (location) to an already existing supplier?
Please submit a recent (within the last year) W-9 form (or substitute for foreign companies) of the new “location” and a matching filled-out copy of the ACH Authorization form (can be provided upon request) and a voided check OR letter from their bank with contact details in the letterhead for ACH payments.
How do I complete my travel expense voucher as a non-employee?
Please connect with a Commerce Fiscal Administrator who can help assist you through these steps.
How do I submit my request for funds relating to a grant/federal program?
Please connect with the Community Services grant or program manager who can help assist you.
How do I update my password and/or login information for the D365 portal?
Please connect with a Commerce IT Administrator who can help assist you through these steps.
How do I attach documents to my grant application?
Please connect with a Commerce IT Administrator who can help assist you through these steps.
What does the hiring process usually entail at the North Dakota Department of Commerce?
Please connect with a Commerce HR Administrator who can provide more information on this process.
What job opportunities are currently available at the North Dakota Department of Commerce?
Please connect with a Commerce HR Administrator who can provide more information on this process.
Who can I connect with if I have questions before and/or during the interviewing process?
Please connect with a Commerce HR Administrator who can provide more information on this process.
Community Services Questions
I am looking for information on low-income programs for individuals and families in North Dakota.
The low income assistance activities within Community Services center around the Community Services Block Grant (CSBG) program. The CSBG program is administered statewide with direct client services being provided through the state's seven Community Action Agencies (CAAs) and the North Dakota Community Action Partnership (NDCAP).
CSBG programs and services are designed to promote self-sufficiency, family stability and community revitalization. For more information or to determine service eligibility, please visit Locations : Who We Are : Community Action Partnership of North Dakota and reach out to the community action agency that serves your area.
Weatherization: Energy Efficiency – “Is there assistance with replacing windows, door, furnace, etc.”
For information regarding energy efficiency help, please visit: Weatherization Assistance (nd.gov)
How do I find a manufactured home installer or inspector?
For information regarding North Dakota’s Manufactured Home Installation Program (MHIP), including finding, licensing and renewal of installers and inspectors, please visit: Manufactured Homes (nd.gov).
How can I get more information regarding building codes?
Community Services offers information regarding building codes here: Building Codes (nd.gov).
Is there any type of assistance for low-income communities or low-income housing projects?
The Community Development Block Grant (CDBG) Program provides financial assistance to eligible units of local governments in the form of grants and loans for public facilities, housing rehabilitation and economic development projects. Additional information about this funding opportunity can be found at: Community Development Block Grant.
How can I tell if my community is greater than 51% LMI to be eligible for CDBG funding?
To be eligible for CDBG funding, communities our counties applying must be at least 51% LMI using HUD-approved ACS data. The current data for all communities and counties can be found by downloading this Xcel spreadsheet, or view the PDF file here.
How can I tell if my community has a Renaissance Zone?
Many communities across the state have established Renaissance Zones. Information about current communities with a Renaissance Zone and the local contact person can be found at Renaissance Zone Communities.
How can I find information about creating a Renaissance Zone?
More information about the Renaissance Zone Program and the steps to create a zone can be found on our website Renaissance Zone Program.
Are there funding opportunities for projects that are focused on energy development, conservation, and production?
There are multiple funding options for energy projects, including the State Energy Program, the Energy Conservation Grant (ECG), and the Energy Efficiency Community Block Grant (EECBG). Additional information about all of these programs can be found by visiting State Energy Programs.
What is the Office of Community Development and Rural Prosperity?
The Office of Community Development and Rural Prosperity (CDRP)’s goal is to empower North Dakota’s communities through efficient development, economic growth, and an enhanced quality of life. The office aims to foster collaboration to address unique rural challenges, promote innovation, and leverage resources to build resilient, thriving communities.
Can I get a grant for my business?
There are several financing programs the state offers in partnership with local economic development and regional development entities depending on where you locate your business. Unfortunately, if you are looking for grants, there are very few programs that can offer those types of services. The Bank of North Dakota offers Pace and Flex Pace that provide interest rate buy down in partnership with your local bank and/or development corporation https://bnd.nd.gov/loans/ Additionally, SBA has several low interest and guaranteed loans that support growth and start ups. https://www.sba.gov/district/north-dakota. If you have not contacted your local development office, please reach out to see if there are local loan and/or grant programs that will support your growth. Regional Council offices also offer support for business start up and expansion https://www.commerce.nd.gov/community-services/community-development/community-development-block-grant-cdbg/regional-councils and local offices can be found at https://ednd.org/ If you are an existing business that is using the equipment referenced to automate, you can start that process with Automate ND https://www.commerce.nd.gov/economic-development-finance/development-fund/automate-nd-grant-program.
Who do I contact to start a business on Mainstreet?
The North Dakota Small Business Development Center is the state’s comprehensive business development and support program. Their mission is to power the creation, growth, and success of small business in North Dakota. Customized services are provided by professionally credentialed business advisors at no-cost to entrepreneurs and owners, thanks to funding from the U.S. Small Business Administration, ND Department of Commerce, and local supporters across the state.
To register for ND SBDC services, complete the online registration form to get started. You will be contacted by their staff within 3 business days to set up an appointment with an advisor. Before your first appointment, feel free to take advantage of the resources and on-demand training options on their website.
For more information on the ND SBDC programs or services, call (701) 777-3700, email, visit the website, or find them on social media (Facebook, Twitter, LinkedIn, Instagram).
Lastly, we would like to encourage you to reach out locally to the regional council, job development authority, or economic development corporation that serves your area. If you’d like assistance identifying and connecting with these resources locally, please reach out to communitydevelopment@nd.gov.
Who do I contact if I have questions about a grant received from Commerce?
For any grant received from Community Development, please email communitydevelopment@nd.gov. All other grants from Commerce, please connect directly with your program administrator.
Are there grants for non-profits?
Commerce does not directly fund nonprofits. If we receive funds from the legislator or other funding sources, we consider how the dollars would best be delivered and at times, nonprofits are eligible applicants.
What is the Rural Food Sustainability Grant?
The purpose of the rural food sustainability grant program is to support the expansion of sustainable grocery service, access to food, and/or development and expansion of food co-ops in rural areas. Food co-ops are centralized facilities or nonprofits that play a crucial role in aggregating, storing, processing, and distributing food to consumers, retailers, institutions, or other markets. This grant program aims to address specific challenges faced by rural communities related to food access, economic development, and sustainability.
What is the Rural Workforce Housing Grant?
The Rural Workforce Housing Grant supports non-profit organizations and/or local governments in development and improvement of affordable housing options for the workforce in rural areas.
What is the Rural Facility Planning Grant?
The purpose of a Rural Facility Planning Grant is to provide funding to support the planning and development of empty or soon-to-be empty facilities or buildings in rural areas. This grant is aimed at improving the quality of life, services, and opportunities for residents in rural communities.
What is the Vibrancy Grant?
The Main Street Initiative (MSI) Vibrancy Grant Program supports local efforts to increase community vibrancy by providing seed funding for a small project that will build momentum and inspire additional projects. Community vibrancy improves quality of life, helps attract and retain workforce, and enhances community pride.
What is the Rural Slum and Blight Removal Grant?
The Rural Slum and Blight Removal Grant supports local governments and/or non-profit organizations in addressing dilapidated and blighted properties and/or facilities in rural areas.
Economic Development and Finance Questions
I am looking for information on incentives to start a business.
Business incentives, government accessibility, and workforce performance, combined with North Dakota's favorable position as one of the lowest cost states for operating a business, are driving top companies to establish operations in North Dakota. Click this link for more information: https://www.commerce.nd.gov/economic-development-finance
What kind of financial and tax incentives does North Dakota offer?
North Dakota is strategically positioned with financial packages and tax incentives to assist new and expanding businesses to enhance profitability. The state has specifically designed its business and investment programs to deliver quicker, quality service along with more capital during a company's start-up, expansion or relocation. Click this link for more information: https://www.commerce.nd.gov/economic-development-finance/finance-and-incentives
What is the North Dakota Development Fund?
The North Dakota Development Fund, Inc. (NDDF) provides “flexible gap financing” through loans and equity investments not available from most conventional lenders for the purpose of economic development. Funds are available to new and expanding North Dakota primary sector businesses.
What is the process of getting funding through the NDDF?
Companies should reach out to the NDDF prior to submitting an application to make sure it is a fit for the program(s). Applicants should submit their application and supporting materials (listed in the application guidelines document) to the NDDF via a data room. The NDDF will not begin the review of the application until all documentation has been submitted. Applications are reviewed on a first come-first-serve basis. Once all application materials are received, the NDDF will enter due diligence which spans an average of one month. The company should expect to have several meetings with the NDDF staff during this process. Any application over $150,000 must be reviewed and approved by the NDDF Board of Directors. The NDDF Board has standing monthly meetings. At the conclusion of the due diligence period, the NDDF staff will propose terms to the company. The NDDF Board of Directors can change the terms proposed to them. The company will present at the board meeting. The board will vote to approve or deny the request at that board meeting.
What is a primary sector business?
Primary sector business" means an individual, corporation, limited liability company, partnership, or association certified by the department of commerce division of economic development and finance which through the employment of knowledge or labor adds value to a product, process, or service which results in the creation of new wealth.
“New wealth” means revenues generated by a business in this state through the sale of products or services to:
Customers outside of this state; or
Customers in this state if the products or services were previously unavailable or difficult to obtain from a business in this state.
What are foreign trade zones?
Foreign-trade zones are designated sites licensed by the Foreign-Trade Zones (FTZ) Board (Commerce Secretary is Chairperson) at which special customs procedures may be used. These procedures allow domestic activity involving foreign items to take place prior to formal customs entry. Duty-free treatment is accorded items that are re-exported, and duty payment is deferred on items sold in the U.S. market, thus offsetting customs advantages available to overseas producers who compete with producers located in the United States. Subzones/usage-driven sites are approved for a specific company/use. A site which has been granted zone status may not be used for zone activity until the site or a section the local U.S. Customs and Border Protection (CBP) officials, and the zone activity remains under the supervision of CBP. FTZ sites and facilities remain within the jurisdiction of local, state, or federal governments or agencies.
What is Value-Added Agriculture?
Value-added agriculture is changes made to primary agriculture products (crops and livestock) that increase the product's value, thereby creating new economic activity and jobs in one of three ways:
Process activities that create value for the product and/or introduce the product to new markets.
Diversification and/or modification of primary agriculture products.
Pre-production modifications that increase yields, quality and uses.
Value-added agriculture is not: on-farm production of crops and livestock; biotechnology and research and development activities focused on increasing primary agricultural production; human capital investments; agritourism; seed production; and transportation
Where can I learn more about the finance programs and tax incentives North Dakota offers businesses?
You can access the Business Incentive Database to learn more about the many finance programs and tax incentives that North Dakota offers.
What is the Research Expense Credit?
An individual, estate, trust, partnership, corporation, or limited liability company is allowed an income tax credit for conducting research in North Dakota. The credit is equal to a percentage of the excess of qualified research expenses in North Dakota over the base period research expenses.
A business must be certified as a "qualified research and development company" before a taxpayer can elect to sell, transfer, or assign all or part of its unused Research and Experimental Expenditure Tax Credit. To apply for certification please complete the application for Research and Development Company Certification.
What is a financial incentive available to entrepreneurs?
Innovate North Dakota is a voucher reimbursement program to help North Dakota entrepreneurs further their business by supporting customer and market research. Through expert guidance from business coaches at Entrepreneurial Centers, Innovate ND provides the entrepreneurial community of North Dakota the resources needed to help turn an innovative idea into a profitable business.
What is the purpose of the ATC?
A taxpayer is allowed an income tax credit for the purchase or capital lease of machinery and equipment to automate a manufacturing or animal agricultural process in North Dakota.
Where can I find the century code regarding ATC?
The North Dakota Century Code pertaining to ATC is N.D.C.C. § 57-38-01.41 and can be found at the following link: North Dakota Century Code t57c38
What changed within the Automation Tax Credit process following the 2023 Legislative process?
There is now set aside allocations for first-time claimants and animal agricultural processing. Additionally, the allocation was increased from $2M per biennium to $6M per biennium. There is no longer a sunset clause associated with this program.
How much funding can I receive per year from ATC?
The tax credit is equal to up to 15% of the cost of the qualifying machinery and equipment. For a capital lease, the credit would be equal to up to 15% of the fair market value of the machinery and equipment at the inception of the lease. Please note that if the approved requests for tax credits is greater than the $3,000,000 per year set aside for the program, all requests will be prorated.
How does a company know if they are eligible for ATC?
To qualify, the business must be certified as a primary sector business and the machinery and equipment must be approved by the Department of Commerce Division of Economic Development & Finance.
What are the qualifications for the ATC?
To be eligible for the credit, the following requirements must be met:
The business must be certified as a “primary sector” business:
A primary sector business means a business certified by the Department of Commerce which, through the employment of knowledge or labor, adds value to a product, process or service that results in the creation of new wealth.
The business must purchase manufacturing machinery and equipment for the purpose of automating manufacturing or animal agricultural processes in North Dakota, which is approved by the Department of Commerce. “Manufacturing machinery and equipment for the purpose of automating manufacturing processes” means new or used automation and robotic equipment. "Animal agricultural machinery and equipment" means new or used Page | 2 08/09/24 automation and robotic equipment used to upgrade or advance an animal agricultural process.
The automation of the manufacturing or animal agriculture processes must improve job quality or increase output, which is reported to the Office of State Tax Commissioner.
Expenditures approved for the automation income tax credit may not be used in the calculation of any other income tax deduction or credit. Expenditures approved for the automation income tax credit may not be used in the calculation of any other income tax deduction or credit
What is the Child Care Loan Program?
The North Dakota Development Fund, Inc. is authorized to provide financial assistance to new and expanding child care providers through the Child Care Loan Program.
Eligible Organizations: Licensed profit, nonprofit and public child care facilities. Faith-based organizations are eligible but must follow all appropriate federal guidelines if receiving federal subsidies.
Eligible Uses: The Child Care Loan Program funds may be used for the acquiring, leasing, or remodeling of real estate facilities, purchasing equipment or working capital.
What is AdvanceND?
The North Dakota Development Fund's Advance ND awards "deal-closing" low interest loans to companies considering a new industrial project in North Dakota. To qualify, the company must be considering another state in the site selection process. Advance ND will serve as a financial incentive for those companies whose projects would contribute significant capital investment, add value to North Dakota resources, and provide new employment opportunities to the state's economy.
Can I get help with business planning?
North Dakota Small Business Development Centers (ND SBDC) offer free, confidential consulting services and tools to help you plan and grow your business. Learn more at ND SBDC's website.
What industries does North Dakota prioritize for economic development?
North Dakota prioritizes sectors like value-added agriculture, technology and innovation, energy, manufacturing, and UAS. Each sector receives tailored support through financial incentives, workforce training, and infrastructure development.
What is the role of the Economic Development and Finance Division?
The ED&F division drives economic growth by supporting businesses, attracting investment, and promoting economic wealth across the state.
What services does the ED&F division provide to businesses?
ED&F offers site selection assistance, access to funding programs, workforce development support, and connections to local resources.
How does the ED&F division support economic growth in the state?
By fostering partnerships, incentivizing new and expanding businesses, and supporting innovation and infrastructure development.
Tourism and Marketing Questions
I am looking for information on the North Dakota Travel Industry Conference
The North Dakota Travel Industry Conference brings the state's tourism industry together for continuing education, renowned speakers, trainers, best practices and peer-to-peer networking in a three-day conference format. This is the must-attend conference for communities looking to develop their tourism infrastructure and for marketers and tourism professionals in North Dakota's travel and tourism industry. Click this link for more information: https://www.commerce.nd.gov/tourism-marketing/travel-industry-conference
How do I order a travel guide?
You can order a travel guide via our tourism website: https://www.ndtourism.com/visitor-information-order-form
Can you make a campground reservation?
We do not make campground reservations. You will need to contact them directly. For a listing of Campgrounds & RV park visit www.ndtourism.com/listings/places-to-stay?f%5B0%5D=profilecategories%3A2289 . If its a state park you are looking for, please visit: https://www.parkrec.nd.gov/stay
Do you have a list of hotels?
You can view a list of all accommodations by visiting this site: https://www.ndtourism.com/listings/places-to-stay
What are some of North Dakota's must-see attractions?
Luckily, we have a list just for that, visit our 30 Must-See Places in North Dakota page: https://www.ndtourism.com/best-places/30-must-see-places-north-dakota.
Driving through? We've got you covered there, too. Check out our North Dakota Road Trip Ideas page: https://www.ndtourism.com/content/north-dakota-trip-ideas-find-adventure-everywhere
Where are the ATV/OHV trails?
Find ATV and Off-Road adventures here https://www.ndtourism.com/articles/find-atv-and-road-adventures-north-dakota.
Phone numbers for all ND Port of Entries
Contact information for all ND Port of Entries https://www.cbp.gov/about/contact/ports/ND
What identification do I need to go to the peace gardens? Or Do I need a passport to visit the peace gardens?
Their frequently asked questions talk about the identification needed https://peacegarden.com/discover/faq/
What are some of North Dakota's biggest cities?
Fargo population 124,662 (2019 US Census) is the largest city in North Dakota and is known for its vibrant downtown, restaurants and entertainment venues. Be sure to check out the original Woodchipper from the movie Fargo.
Bismarck is the state capital of North Dakota. Located alongside the Missouri River, it’s a great place to enjoy outdoor activities and history while still enjoying some great local restaurants and breweries.
Where can I hunt?
Hunting Land Access questions and resources to find lands open to public hunting can be found by visiting https://gf.nd.gov/hunting/where Note that North Dakota’s trespass law recently changed. Landowners are able to electronically post lands, be aware that land may be posted even if no sign is present.
I'd like to go ice fishing in North Dakota
Information about Ice Fishing can be found at https://www.ndtourism.com/articles/winter-fishing-nice-be-ice. Fishable Ice is usually found January-March, often in December and occasionally the season extends into April.
Can I tour the Capitol?
Tours are available year round, visit https://www.omb.nd.gov/capitol-complex/schedule-tour.
Can you tell me about the ND State Parks?
For additional information about ND State Parks visit https://www.parkrec.nd.gov/.
When is the best time to see the Northern Lights?
Find out more information by visiting our webpage: https://www.ndtourism.com/north-dakota-northern-lights-and-stargazers-heaven
How are the roads?
For current road conditions visit https://travel.dot.nd.gov/?expand=roads
You may access weather-related road conditions for ALL Interstate, US and state roads. Information from North Dakota's 511 system is available 24 hours a day, seven days a week via: wireless phone by dialing 511 or 888-696-3511
For all other transportation questions visit https://www.dot.nd.gov/
Do you have information about the Theodore Roosevelt National Park?
Yes, please visit the National Park website at https://www.nps.gov/thro/index.htm.
What are the North Dakota Badlands?
The rugged and weathered Badlands let us see ancient layers of the earth without having to dig or make computer models. You can walk into Theodore Roosevelt National Park and see rocks created millions of years ago!
https://www.nps.gov/thro/learn/kidsyouth/whatarebadlands.htm
What is there to do in the winter?
Wintertime in North Dakota means it's time to get out and play, so take advantage of the unique recreational opportunities that can only be enjoyed this time of year, https://www.ndtourism.com/winter-activities
I would like to use North Dakota photos/imagery/video
The State Media Library, North Dakota has high-resolution photos and video assets available at no charge for non-commercial and non-political purposes. Visit www.medialibrary.nd.gov and register for an account.
I am a photographer and would like to share my portfolio or be hired for freelance work with the state
Visit the State Procurement Office website for guidance on how to do business with the state and for open bidding opportunities. https://www.omb.nd.gov/doing-business-state
Workforce Questions
I am looking to get my Real Estate license for ND
For information regarding Real Estate license, please visit: North Dakota Real Estate Commission - Home (realestatend.org)
When can I apply for the Operation Intern program?
For more information on application date and a link to the application portal, click this link: https://www.commerce.nd.gov/workforce/workforce-programs/operation-intern
Can I apply for the Technical Skills Training Grant to acquire training for myself?
The intent of the grant program is to upskill and reskill multiple participants. Job Service North Dakota is the best resource for assistance directly to individuals who may be unemployed or looking to reskill into a new career. For more information, click this link: https://www.jobsnd.com/job-seeker/training-opportunities
What is the application window for the Regional Workforce Impact Program Grant?
You can find the updated grant application on our website at this link: Regional Workforce Impact Program
What types of projects are eligible for the Regional Workforce Impact Program Grant?
Eligibility can be found on our grant guidance on our website at this link: Regional Workforce Impact Program
What is AmeriCorps?
AmeriCorps is a U.S. federal program engaging people in community service to address critical needs like education, disaster response, and veterans' services. Participants gain experience and create pathways for future opportunities.
How can I participate in AmeriCorps in North Dakota?
Opportunities include volunteering, applying as a member, or becoming a grant reviewer to help select high-quality programs. Visit the page for more details AmeriCorps
What are the benefits of Serving AmeriCorps in North Dakota?
Participants develop job skills, earn education awards, and contribute meaningfully to their communities. Visit the page for more details AmeriCorps
What is the “Find the Good Life” program?
It’s a North Dakota talent attraction initiative that highlights the benefits of living in the state, aiming to attract jobseekers and families through resources on jobs, education, and lifestyle. Visit Welcome to the Good Life | Find the Good Life in North Dakota for more information.
What resources does “Find the Good Life” offer?
The program provides community connections, job connections, and information about North Dakota’s community, healthcare, and education. Visit Welcome to the Good Life | Find the Good Life in North Dakota for more information.
Does North Dakota offer incentives for relocation?
While the program does not directly offer incentives, many partner employers and some communities provide relocation packages or sign-on bonuses to attract new residents. Visit Welcome to the Good Life | Find the Good Life in North Dakota for more information.
How do I find an apprenticeship?
Please visit Apprenticeship to learn more about apprenticeship opportunities in North Dakota.
What is an employment-based visa?
Employment-based visas allow foreign nationals to work in the U.S. either temporarily (non-immigrant visas like H-1B, L-1, etc.) or permanently (immigrant visas under the EB category).
How do I know which visa category is right for my business model?
The appropriate visa depends on your business needs and industry. For example:
If you need highly skilled workers, consider the H-1B, E-3 (for Australians), or TN visa (for Canadian and Mexican professionals under NAFTA/USMCA).
For short-term seasonal or temporary roles, the H-2B visa might be suitable.
If you’re expanding your company to the U.S., the L-1 visa allows transferring executives or key personnel.
Healthcare organizations may benefit from employment-based green cards (EB-3) or temporary visas like H-1B for nurses or doctors.
Temporary Work Visas - Specialty Occupations
Temporary work visas allow foreign nationals to work in the United States for a specific period and purpose. These visas are non-immigrant visas, meaning they do not lead directly to permanent residency. Here’s a detailed breakdown:
H-1B Visa: Specialty Occupations
Purpose: For workers in specialty occupations requiring a bachelor’s degree or higher in a specific field (e.g., IT, engineering, healthcare).
Eligibility:
Must have a job offer from a U.S. employer.
The job must require specialized knowledge.
A bachelor’s degree (or equivalent) in the field is typically required.
Duration: Initially 3 years, extendable up to 6 years.
Cap: Limited to 85,000 new visas annually, with exemptions for certain institutions (e.g., universities).
Temporary Work Visas - TN Visa: Canadian and Mexican Professionals
Purpose: For professionals from Canada or Mexico under the United States-Mexico-Canada Agreement (USMCA/NAFTA).
Eligibility:
Must work in one of the USMCA-recognized professions (e.g., engineers, accountants, scientists).
Requires a job offer from a U.S. employer.
Duration: 3 years, with unlimited renewals if eligibility is maintained.
Temporary Work Visas - E-3 Visa: Australian Professionals
Purpose: Similar to the H-1B, but exclusive to Australian citizens in specialty occupations.
Eligibility:
Requires a job offer and a bachelor’s degree or equivalent.
Duration: 2 years, renewable indefinitely.
Cap: Limited to 10,500 visas annually.
Temporary Work Visas - H-2A Visa: Temporary Agricultural Workers
Purpose: For seasonal or temporary agricultural jobs where U.S. workers are unavailable.
Eligibility:
Employers must prove the need is temporary or seasonal.
Employers must demonstrate efforts to recruit U.S. workers.
Duration: Up to 1 year, renewable for up to 3 years.
Temporary Work Visas - H-2B Visa: Temporary Non-Agricultural Workers
Purpose: For seasonal or temporary jobs outside agriculture (e.g., landscaping, hospitality).
Eligibility:
Similar to H-2A, requiring proof of labor shortage.
Duration: Up to 1 year, renewable for up to 3 years.
Cap: Limited to 66,000 visas annually.
Temporary Work Visas - L-1 Visa: Intra-Company Transferees
Purpose: For employees transferring within the same company to a U.S. office.
Eligibility:
Must have worked for the company abroad for at least 1 year in the past 3 years.
For managerial, executive, or specialized knowledge roles.
Duration:
L-1A (managers/executives): Up to 7 years.
L-1B (specialized knowledge): Up to 5 years.
Temporary Work Visas - O-1 Visa: Individuals with Extraordinary Ability
Purpose: For individuals with extraordinary achievements in sciences, arts, education, business, or athletics.
Eligibility:
Requires proof of sustained national or international acclaim (e.g., awards, publications).
Employer or agent sponsorship is required.
Duration: Initially 3 years, with 1-year increments.
Temporary Work Visas - H-1B1 Visa: Professionals from Chile and Singapore
Purpose: Similar to the H-1B but limited to nationals of Chile and Singapore.
Eligibility:
Requires a bachelor’s degree or equivalent.
Must have a U.S. job offer.
Duration: 1 year, renewable indefinitely.
Key Considerations for Temporary Work Visas
Employer Sponsorship: Most require a job offer and sponsorship by a U.S. employer.
Prevailing Wage: Employers must pay at least the prevailing wage for the position.
Labor Certifications: Some visas (e.g., H-2A and H-2B) require certifications from the Department of Labor.
Dual Intent: Certain visas (e.g., H-1B and L-1) allow "dual intent," meaning holders can seek permanent residency while on the visa.
Permanent Work Visas - What are the employment-based green card categories?
EB-1: Priority workers (extraordinary ability, researchers, executives).
EB-2: Advanced degree professionals or exceptional ability.
EB-3: Skilled workers, professionals, or unskilled workers.
EB-4: Special immigrants (religious workers, etc.).
EB-5: Investors who create jobs in the U.S.
Permanent Work Visas - How long does it take to get an employment-based green card?
Processing times vary by category and country of origin, ranging from months to several years.
What is required for employers sponsoring foreign workers?
Obtain a certified Labor Condition Application (LCA) for temporary visas.
Provide the prevailing wage and ensure working conditions meet U.S. standards.
File appropriate petitions with USCIS.
Can employers sponsor a green card for an employee already on a temporary visa?
Yes, many employers sponsor employees for permanent residency while they are on a temporary visa like H-1B or L-1.
Can I change employers while on a work visa?
Some visas allow portability, meaning you can transfer to a new employer if the new employer files a petition.
Can I work multiple jobs on a visa?
This depends on the visa type. Most work visas are employer-specific, requiring additional petitions for extra jobs.
How can students transition from F-1 visas to work visas?
F-1 students can work under Optional Practical Training (OPT) or Curricular Practical Training (CPT) and later transition to H-1B or another work visa.
Can an employer hire refugees or parolees?
Yes, refugees, asylum seekers, and parolees may be eligible for employment authorization through an Employment Authorization Document (EAD).
Hiring Parolees, Refugees, and Individuals on Temporary Protected Status (TPS)
Hiring individuals from these groups is an excellent way to address labor needs and promote inclusivity while adhering to legal requirements. Here’s a detailed guide:
Understanding the Categories
Refugees: Individuals granted protection due to persecution or a well-founded fear of persecution. They are authorized to work immediately upon arrival in the U.S.
Parolees: Individuals temporarily allowed into the U.S. for humanitarian or public benefit reasons. They may require an Employment Authorization Document (EAD) to work.
TPS Holders: Nationals of certain countries designated for Temporary Protected Status due to conditions like armed conflict or natural disasters. TPS holders are eligible for an EAD as part of their status.
Verify Work Authorization
Employment Authorization Document (EAD):
Refugees, parolees, and TPS holders typically use the EAD (Form I-766) to prove work eligibility.
The EAD will show a category code:
Refugees: A03
Parolees: A10
TPS Holders: A12 or C19
I-9 Compliance:
Employers must verify work authorization using Form I-9. Acceptable documents include:
EAD (List A document)
Form I-94 (for refugees, sometimes paired with a state ID as List B/C documents).
Recruiting Refugees, Parolees, and TPS Holders
Partner with Resettlement Agencies:
Organizations like Lutheran Immigration and Refugee Service (LIRS), International Rescue Committee (IRC), or Catholic Charities can help connect you with candidates. There are also many local agencies and immigrant serving organizations you may connect with.
Collaborate with Workforce Programs:
Many local programs, often run by workforce development boards or immigrant advocacy groups, specialize in matching employers with eligible workers.
Leverage TPS Networks:
TPS holders may be part of community networks or advocacy groups that provide job placement resources.