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05-05 06:50 AM
As leaders in NAFTA visa processing we like to update our readers on different visa categories and updates. This article is provided by our TN Visa Lawyer, Attorney Andrew Desposito.
For many who come to the U.S. seeking work, there are only so many visas through which they may legally work. It is because of this issue that U.S. lawmakers have been strict on immigration enforcement of illegal immigrants trying to work in the U.S., in particular those coming from Mexico.
For Mexicans and Canadians, the nonimmigrant NAFTA professional (TN) visa allows citizens of Mexico and Canada, as NAFTA professionals, to work in the U.S. in a prearranged business activity for a U.S. or foreign employer.
So what does this mean for you?
What this means is that if you are a person that works in a certain field, and have the education that corresponds with that field, you may be able to apply for the TN visa. Unlike the H-1B and its cap on how many visas are granted each year, or the J-1 and H-3 visas and their limited durations, the TN visa may be granted for up to three years and can continually be renewed toward the end of its duration. There are certain requirements of eligibility for the TN visa.
With some exceptions, each profession under the TN visa requires at least a baccalaureate degree as an entry-level requirement. If a baccalaureate degree is required, no work experience may be used to substitute it. In some professions, an alternative criterion to a bachelor�s degree is listed. For some professions, experience or licensing is required in addition to the degree. It is therefore crucial to know what field you may qualify under before seeking this visa.
Once you have determined that a TN visa is available to you, the next step is to find a U.S. employer willing to hire you in the job category related to your experience. During this time of economic growth, many companies are capable of hiring individuals from Mexico and Canada to fill those positions in the U.S. at very little cost. The visa itself is inexpensive to apply for at the U.S. Consulate or the Port of Entry. This makes it a far more attractive option to U.S. employers instead of the H-1B or L-1A visa and its many filing fees that come with it.
With an employer willing to sponsor you for the TN visa, all that remains is preparing for your TN visa.
Preparing a perfect TN Application
There are many little parts that go into putting together a successful TN visa package. There should be no question in the mind of the immigration officer at the Port of Entry or the U.S. Embassy that you, the employee, meet the position requirements as listed under appendix 1603.D.1 of the TN visa, and that the company is an established business that has the need for your position.
The immigration officer will ask questions regarding the nature of the business, the position you will be employed in, what your position entails for the company, and may even ask for examples of work that relate directly to the position being applied for.
The Technical Publications Writer is a TN visa category that many individuals can be qualified to work. The position requires a Baccalaureate or Licenciatura Degree or Post Secondary Diploma or Post Secondary Certificate, and three years experience. The degree requirement is very broad in that all it takes is a degree or diploma in a related field to the company that the position is held. For instance, there was a case where the Technical Publications Writer was to assist a new media company in the design of its materials for publication on its websites, revise product instruction, and review and research social media publications. A degree in English was the related degree necessary to fulfill the duties of her position.
When trying to figure out if one has the three years experience as a Technical Publications Writer, the occupational outlook handbook provides guidance on whether one can hold such a position. A Technical Publications Writer helps a company by reviewing published materials, recommending revisions or changes, arranging typing, duplication, or distribution of materials, as well as editing, standardizing, or making changes to materials prepared by other writers.
The Technical Publications Writer may also complete specific writing projects for the company. Looking at a person�s prior work experience, it is not usually difficult to see that many duties one performed were similar to what is required of a Technical Publications Writer.
Although work experience and degree are the requirements to holding the position, as outlined in the Appendix, a person should be able to bring other work that has been done to show they can produce something that is published. What this means is that an immigration officer at the embassy or the port of entry may feel the person does not fit the job description because they have not published something.
Although there is nothing in the requirements for that position requiring a published material, it is good to be able to show one�s prior work has been published in some capacity. This is good for when a person applying for the visa gets an officer who does not understand that the word publications in the TN profession does not mean a person must be published to hold the position. A recent client went through this similar situation where they were not convinced the person should be a Technical Publications Writer because they did not have any published material.
As attorneys who have worked on many TN visas, we know what immigration officers are looking for in their interview with TN professionals. We understand that many of them need to see for themselves how your position and your background meet the requirements of the TN position. We have helped people get TN visas as Engineers, Lawyers, Management Consultants, Technical Publications Writers, and Economists. No matter your personal background, being a professional under a TN visa is as simple as finding out what position fits you best.
Although some positions do have specific degree requirements, such as a lawyer, other positions require a degree in a related field, such as for the Technical Publications Writer. With an attorney that understands little nuances like this, it is possible to get your TN visa wihttp://www.h1b.biz/lawyer-attorney-1137117.htmlthout the wait through the USCIS process for other work visas.
More... (http://www.visalawyerblog.com/2011/04/tn_visa_attorney_the_technical.html)
For many who come to the U.S. seeking work, there are only so many visas through which they may legally work. It is because of this issue that U.S. lawmakers have been strict on immigration enforcement of illegal immigrants trying to work in the U.S., in particular those coming from Mexico.
For Mexicans and Canadians, the nonimmigrant NAFTA professional (TN) visa allows citizens of Mexico and Canada, as NAFTA professionals, to work in the U.S. in a prearranged business activity for a U.S. or foreign employer.
So what does this mean for you?
What this means is that if you are a person that works in a certain field, and have the education that corresponds with that field, you may be able to apply for the TN visa. Unlike the H-1B and its cap on how many visas are granted each year, or the J-1 and H-3 visas and their limited durations, the TN visa may be granted for up to three years and can continually be renewed toward the end of its duration. There are certain requirements of eligibility for the TN visa.
With some exceptions, each profession under the TN visa requires at least a baccalaureate degree as an entry-level requirement. If a baccalaureate degree is required, no work experience may be used to substitute it. In some professions, an alternative criterion to a bachelor�s degree is listed. For some professions, experience or licensing is required in addition to the degree. It is therefore crucial to know what field you may qualify under before seeking this visa.
Once you have determined that a TN visa is available to you, the next step is to find a U.S. employer willing to hire you in the job category related to your experience. During this time of economic growth, many companies are capable of hiring individuals from Mexico and Canada to fill those positions in the U.S. at very little cost. The visa itself is inexpensive to apply for at the U.S. Consulate or the Port of Entry. This makes it a far more attractive option to U.S. employers instead of the H-1B or L-1A visa and its many filing fees that come with it.
With an employer willing to sponsor you for the TN visa, all that remains is preparing for your TN visa.
Preparing a perfect TN Application
There are many little parts that go into putting together a successful TN visa package. There should be no question in the mind of the immigration officer at the Port of Entry or the U.S. Embassy that you, the employee, meet the position requirements as listed under appendix 1603.D.1 of the TN visa, and that the company is an established business that has the need for your position.
The immigration officer will ask questions regarding the nature of the business, the position you will be employed in, what your position entails for the company, and may even ask for examples of work that relate directly to the position being applied for.
The Technical Publications Writer is a TN visa category that many individuals can be qualified to work. The position requires a Baccalaureate or Licenciatura Degree or Post Secondary Diploma or Post Secondary Certificate, and three years experience. The degree requirement is very broad in that all it takes is a degree or diploma in a related field to the company that the position is held. For instance, there was a case where the Technical Publications Writer was to assist a new media company in the design of its materials for publication on its websites, revise product instruction, and review and research social media publications. A degree in English was the related degree necessary to fulfill the duties of her position.
When trying to figure out if one has the three years experience as a Technical Publications Writer, the occupational outlook handbook provides guidance on whether one can hold such a position. A Technical Publications Writer helps a company by reviewing published materials, recommending revisions or changes, arranging typing, duplication, or distribution of materials, as well as editing, standardizing, or making changes to materials prepared by other writers.
The Technical Publications Writer may also complete specific writing projects for the company. Looking at a person�s prior work experience, it is not usually difficult to see that many duties one performed were similar to what is required of a Technical Publications Writer.
Although work experience and degree are the requirements to holding the position, as outlined in the Appendix, a person should be able to bring other work that has been done to show they can produce something that is published. What this means is that an immigration officer at the embassy or the port of entry may feel the person does not fit the job description because they have not published something.
Although there is nothing in the requirements for that position requiring a published material, it is good to be able to show one�s prior work has been published in some capacity. This is good for when a person applying for the visa gets an officer who does not understand that the word publications in the TN profession does not mean a person must be published to hold the position. A recent client went through this similar situation where they were not convinced the person should be a Technical Publications Writer because they did not have any published material.
As attorneys who have worked on many TN visas, we know what immigration officers are looking for in their interview with TN professionals. We understand that many of them need to see for themselves how your position and your background meet the requirements of the TN position. We have helped people get TN visas as Engineers, Lawyers, Management Consultants, Technical Publications Writers, and Economists. No matter your personal background, being a professional under a TN visa is as simple as finding out what position fits you best.
Although some positions do have specific degree requirements, such as a lawyer, other positions require a degree in a related field, such as for the Technical Publications Writer. With an attorney that understands little nuances like this, it is possible to get your TN visa wihttp://www.h1b.biz/lawyer-attorney-1137117.htmlthout the wait through the USCIS process for other work visas.
More... (http://www.visalawyerblog.com/2011/04/tn_visa_attorney_the_technical.html)
gceb3holder
02-27 09:19 AM
Glus
That was exactly what I was looking for.
What happen if the employer fire me because the project I am working on finishes and they can't reallocate me right away? Or for any other reasons? Of course I will not push anything to be fired, but it is a situation that can happen, specially with IT.
Tks!
That was exactly what I was looking for.
What happen if the employer fire me because the project I am working on finishes and they can't reallocate me right away? Or for any other reasons? Of course I will not push anything to be fired, but it is a situation that can happen, specially with IT.
Tks!
ragz4u
02-03 03:01 PM
Ragz,
I have used a similar copy myself when meeting the staff of Congressman Michael Fitzpatric, with great results. However we were told that we were waiting for the lobby firms to give us their input. My guess was, if they are going to provide some really good insight, then we might as well wait a little and add that b4 meeting the Congressmen/Senators.
If you guys are decided on the presentation, then i can go ahead and book the appointment.
Check your private message too!
I have used a similar copy myself when meeting the staff of Congressman Michael Fitzpatric, with great results. However we were told that we were waiting for the lobby firms to give us their input. My guess was, if they are going to provide some really good insight, then we might as well wait a little and add that b4 meeting the Congressmen/Senators.
If you guys are decided on the presentation, then i can go ahead and book the appointment.
Check your private message too!
InTheMoment
03-02 01:17 PM
H-1 option exists no doubt. But the number of places one can apply and the concomitant increase in the chances of getting a residency increases with the option of EAD!
What with the UK docs coming to the US...I know for a fact that competition has increased
What with the UK docs coming to the US...I know for a fact that competition has increased
more...
CRAZYMONK
07-20 02:47 PM
ofcourse you can renew your H1B using your pending I485 and you should get 3 years extension. There should not be any problem.
I don't think your revoked I140 will pose any problems as your MTR is accepted.
Filing your H1b and what documents to be included will be taken care by your attorney.
I think you should be OK. Any way all the best
I don't think your revoked I140 will pose any problems as your MTR is accepted.
Filing your H1b and what documents to be included will be taken care by your attorney.
I think you should be OK. Any way all the best
Pineapple
01-15 01:46 PM
Actually being a Defence employee is a positive. You can show proof of stronger connection to home country because of following.
1) Pension that is available every month for life.
2) Free treatment at Army Hospitals.
3) Subsidised cost at Military Canteen facilities for provisions etc.
In my opinion, the strongest proof of connection to the home country is that the person has put his/her life on the line in her (the home country's) defense..
(Obviously, my opinion does not matter to the consulate officers who give the visa :rolleyes: )
1) Pension that is available every month for life.
2) Free treatment at Army Hospitals.
3) Subsidised cost at Military Canteen facilities for provisions etc.
In my opinion, the strongest proof of connection to the home country is that the person has put his/her life on the line in her (the home country's) defense..
(Obviously, my opinion does not matter to the consulate officers who give the visa :rolleyes: )
more...
rajuseattle
08-14 05:31 PM
raminmd,
dont worry your attorney knows the process of contacting Service centre folks in these type of situation where USCIS erroneously rejected your wife's I-485 petition.
He will know thro' his AILA liason the appropriate procedure to get hold of USCIS and correct this situation.
Your wife wont be out of status, since she entered on H-4 dependent status, once her I-485 gets in processing queue she will be in AoS pending status and that will let her stay in this country until USCIS gets her GC.
Make sure her application somehow gets to USCIS AoS adjudication unit and you receive the USCIS receipt notice establishing her Priority date similar to yours on the I-485 receipt notice. you can apply for her EAD and AP so that she can work and travel outside of US using her AP.
Hope this helps you.
dont worry your attorney knows the process of contacting Service centre folks in these type of situation where USCIS erroneously rejected your wife's I-485 petition.
He will know thro' his AILA liason the appropriate procedure to get hold of USCIS and correct this situation.
Your wife wont be out of status, since she entered on H-4 dependent status, once her I-485 gets in processing queue she will be in AoS pending status and that will let her stay in this country until USCIS gets her GC.
Make sure her application somehow gets to USCIS AoS adjudication unit and you receive the USCIS receipt notice establishing her Priority date similar to yours on the I-485 receipt notice. you can apply for her EAD and AP so that she can work and travel outside of US using her AP.
Hope this helps you.
chanduv23
07-10 01:20 PM
It appears to me that we should file all I-485 applications in July. Even if the advantage is illusory or marginal, it may be a good idea to file. If your application is ready to go, it should be filed. Regards. Rajiv.
more...
MannyD
09-07 06:36 PM
Please respond so that we can get an idea of the distribution of EB cases.
You have to be logged in to participate in the poll.
Thanks to MrWaitingGC for the initiative.
You have to be logged in to participate in the poll.
Thanks to MrWaitingGC for the initiative.
willwin
07-03 11:23 AM
EB-3-I is stuck in 01...not likely to move till Oct and then in OCT08..it will move by couple three months for the next 12 months till OCT 09..What are the option for EB-3 stuck here..from 01, 02, 03 ....
1) Convert to EB-2 ?.
2) wait for legislation from Logfren to pass
3) wait another 3 years...already in the Queue from 01..
If I choose to convert to EB-2..I have to put in a PERM and then I-140..what is the time line for getting my LC thro PERM and then my I-140 in EB2 cleared?? based on the current processing times..
Do I wait to see if Logfren's legislation goes thro ..if doesnt go with the conversion to EB-2...???
Please help me decide...
thanks
What you could possibly see at end-of-tunnel are:
Lofgren bill passing before election and recaptured numbers becoming available from 10/2008. All categories may become current and remain current for 6 months to a year.
OR
EB3 ROW becoming current atleast by end of next fiscal year (by 09/2009, so that EB3 I would start progressing at a faster rate.
OR
you (and everyone in EB3 I) would be asking the same question even after 3-4 years.
Oh well, Happy July 4th!!
1) Convert to EB-2 ?.
2) wait for legislation from Logfren to pass
3) wait another 3 years...already in the Queue from 01..
If I choose to convert to EB-2..I have to put in a PERM and then I-140..what is the time line for getting my LC thro PERM and then my I-140 in EB2 cleared?? based on the current processing times..
Do I wait to see if Logfren's legislation goes thro ..if doesnt go with the conversion to EB-2...???
Please help me decide...
thanks
What you could possibly see at end-of-tunnel are:
Lofgren bill passing before election and recaptured numbers becoming available from 10/2008. All categories may become current and remain current for 6 months to a year.
OR
EB3 ROW becoming current atleast by end of next fiscal year (by 09/2009, so that EB3 I would start progressing at a faster rate.
OR
you (and everyone in EB3 I) would be asking the same question even after 3-4 years.
Oh well, Happy July 4th!!
more...
ski_dude12
07-13 05:36 PM
Are you sure about that? Can you give your source that says
"You have to inform them of every small move even after citizenship is approved".
If you can support your post by citing a valid source then its fine, otherwise stop shooting off your hips please.
yes, u need to inform them of every small move u make, all ur life. this holds true even after ur us citizenship is approved.
"You have to inform them of every small move even after citizenship is approved".
If you can support your post by citing a valid source then its fine, otherwise stop shooting off your hips please.
yes, u need to inform them of every small move u make, all ur life. this holds true even after ur us citizenship is approved.
swamy
12-30 01:20 AM
about time ppl came forward to share the burden & not let just the core/a few others carry the load alone - i was thinking we should be able to raise a million every month with wider participation (20000+) at lower $ levels like 50/100 so its sustainable. but lets see how far this goes - cant affrd 2k rightaway tho
more...
.jpg%26h%3D%26w%3D560%26zc%3D1 "Ke$ha “Cannibal,” and my")
snram4
08-04 06:26 AM
SA 4319 is not being considered so far. It is not quoted anywhere except IV website. Because CIR is ruled out for 2010 any pro or anti immigrant bill will not be considered most likely. This is just fear that SA 4319 will be attached to any other bill. The chance of passing this bill is 1% without CIR. But with CIR there is 80% chance of attaching with CIR.
I received the same email too.What a pity.....
I received the same email too.What a pity.....
godspeed
04-16 12:54 PM
doesnt make sense, how does h1b-lca matter to I-485 adjudication?, isnt this a clear case of witch hunting?
more...
phantomias
10-27 02:57 AM
I have the same problem which zico described at below and I submitted my I-20 for an h1B amendment. It starts before my grace period time ends up.
My question is my amendment is still on pending process since September 17th. Will I be out of status if the school or I cancel my I-20 BEFORE the result of pending process of my H1B amendment?( Am I safe since I already passed October 1st?)
Second question is:Can I do an H1B transfer to another company in such a situation?
Thanks a lot for all help!!
My lawyer received my H1B approval in the mail yesterday. Online status said approved on 15th. But lawyer said that I will have to pick it up from India. Otherwise I'll have to file an amendment. I am guessing it is form I-797B (no I-94)
Anyone else in similar situation with any information?
Case:
* Regular quota (65k) Premium processing @ VSC
* Receipt date: April 9th (via email)
* Approved: April 15th (checked online status)
* Lawyer received mail approval on April 18th (US Postal Mail)
* Planning on taking Kaplan course from June - September which can be extended till Oct
My question is my amendment is still on pending process since September 17th. Will I be out of status if the school or I cancel my I-20 BEFORE the result of pending process of my H1B amendment?( Am I safe since I already passed October 1st?)
Second question is:Can I do an H1B transfer to another company in such a situation?
Thanks a lot for all help!!
My lawyer received my H1B approval in the mail yesterday. Online status said approved on 15th. But lawyer said that I will have to pick it up from India. Otherwise I'll have to file an amendment. I am guessing it is form I-797B (no I-94)
Anyone else in similar situation with any information?
Case:
* Regular quota (65k) Premium processing @ VSC
* Receipt date: April 9th (via email)
* Approved: April 15th (checked online status)
* Lawyer received mail approval on April 18th (US Postal Mail)
* Planning on taking Kaplan course from June - September which can be extended till Oct
leo2606
12-10 06:37 PM
Ok sir I am sorry.
I felt like some one asking "I don't have US visa, my H1-B petion is pending, will they allow me to enter?"
I am not rude man, it is really a silly question.
Wow. Leo, you are rude and over-confident. Please refrain from answering question if you do not have the right attitude.
I felt like some one asking "I don't have US visa, my H1-B petion is pending, will they allow me to enter?"
I am not rude man, it is really a silly question.
Wow. Leo, you are rude and over-confident. Please refrain from answering question if you do not have the right attitude.
more...
paulkurni
06-17 05:37 PM
Dude,
This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.
If it has been discussed many times then I regret to see we haven't achieved much out of this. But I believe persistence is the key to be successful in any cause.
This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.
If it has been discussed many times then I regret to see we haven't achieved much out of this. But I believe persistence is the key to be successful in any cause.
gc_aspirant_prasad
07-26 04:11 PM
Just contributed $ 100
Bush
02-21 12:38 PM
S. 9: Comprehensive Immigration Reform Act of 2007 Introduced 01/04/2007
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007 Introduced 01/18/2007
People,
I dont want to sound pessimistic but do we think its necessary that we have to have some backup plan if the CIR bill gets into the mess it got into last year because of amnesty given to illlegal.
The WORST SUFFERERS will be LEGAL IMMIGRANTS who are at the mercy of this illegal immigrants bill.Do you people think that we need to discuss atleast (the IV core group) the back up strategy if the CIR gets into grid lock as it happened last year.
I think its worth a discussion.People any ideas.?
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007 Introduced 01/18/2007
People,
I dont want to sound pessimistic but do we think its necessary that we have to have some backup plan if the CIR bill gets into the mess it got into last year because of amnesty given to illlegal.
The WORST SUFFERERS will be LEGAL IMMIGRANTS who are at the mercy of this illegal immigrants bill.Do you people think that we need to discuss atleast (the IV core group) the back up strategy if the CIR gets into grid lock as it happened last year.
I think its worth a discussion.People any ideas.?
Eb3_frustrated
07-24 03:55 PM
I dont mean to offend you but ability to file I-485 when the numbers have retrogressed is all it take to alleviate a majority of our problems, that is in the agenda and SKIL bill currently in house and approved by senate in CIR.
So if SKIL bill gets passed we should be fine, but when is a big question ???
So if SKIL bill gets passed we should be fine, but when is a big question ???
pa_arora
12-04 02:04 PM
Hehe....sorry, it was not meant for you specifically......that was in general :)...agree....it will be at least an year, if not years, before we see our greens.
:-), 'year' and not 'years' is hope and optimism.
good luck to all.
:-), 'year' and not 'years' is hope and optimism.
good luck to all.
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