TN Visa Question
Hi all, I'm a Canadian citizen who is currently in USA on a H4 visa so I unfortunately cannot work :( I'm a Business Analyst/PM. I've applied to 100s of positions and as soon as companies hear "visa", they run. I also don't fall under any TN Visa category. What are my options here? I desperately need to find work.
Sounds like you need to apply to bigger companies that can afford the legal work. If you don’t have the education requirements I’ve been told by that every 3 years work experience counts towards one year of education. Which means you will need at least 12-15 years work experience to qualify for a visa —provided you fit under a category. If you don’t fit you will need a really good lawyer and credential assessment to try and sneak you in. My paralegal took 6-7 months. If that’s the case, you’re better off to try and get an H1B or find someone who will marry you. If either of those are out of the question. Go to school and fast track your way through an associates degree (diploma) that will qualify you. That’s what I did ;) However, the joke of a president is apparently threatening to change both H1B and TN rules.
But associate degree has to be in one of the TN relevant areas correct?
That’s correct
If you don’t qualify for TN, your only hope is your spouse getting an approved EAD (assuming he/she is on h1b and the company has applied for his/her GC). If he/she gets one, you also get one and you can work for any employer with an EAD).
Technically you don’t need a lawyer just an offer letter. Maybe avoid mentioning you need a visa (Canadians don’t need “visas”) until you get an offer then talk to a lawyer if the company won’t pay for one.
If I get an offer letter, perhaps I can change the job description to fit one of the TN Visa categories? Obviously it can't be too far off. Would the company find out?
The important thing is that you can convince yourself and the agent that the duties fall into one of the NAFTA occupations and explain why. Some agents will be hung up on the title or your degree, so having everything match would be best. Legally the title and occupation don’t have to be identical, but talking to a lawyer might be your best bet.
For smaller companies, I found you can work with them to create a job description that meets TN requirements. Larger companies would generally have their legal / immigration dept handle everything. ...keep applying. Seems like creating a false offer letter without letting your employer know is not an ideal way to start a new job.
How do you have a work email if you are on H4? How did you get on blind with apple? Apple applies for visa btw if you worked for them before.
Sorry to hear about your predicament. I’m sure it’s incredibly frustrating. How many years of experience do you have? If you have a PMP and strong project management experience (at least 5 years) consider applying to jobs at management consulting firms in their program management practices. EY, PwC, Accenture, Deloitte, etc all have this. The challenge is that you may be required to travel and the hours can be grueling but those firms have a lot of experience with TN visas, and it would fall in the management consulting category which is the most broad. It gets you in the door. Hope it resolves.
If you are granted a TN visa it'll be difficult to convert it back to another category that carries the intent of immigration
You said your spouse has h1b...that carries the intent of immigration..your only outlet is either an ead or your own h1b
Having an H1b doesn't necessarily means intent of immigration until the i140 process is started
H1B carries a dual intent
As a Canadian you should be able to get a TN Visa on the spot!!
That’s not true. I’m a Canadian and the paralegal working on my case took 6 months to file my petition. This person already said they don’t fall under any category to qualify for a TN visa.