Advice please?

Hi everyone, I'm a recent college graduate from Canada who was looking for a job in the United States. After about a month of searching, I found a great accounting job with a U.S. real estate compa...

Advice please?

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Canadian Expatriate and Travellers Forum Index -> Canadians in the USA -> US Visas and Immigration

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CMac83
Junior Member

Joined: 15 Jun 2008
Posts: 11

Posted: Fri Jun 20, 2008 9:33 pm

Hi everyone,

I'm a recent college graduate from Canada who was looking for a job in the United States. After about a month of searching, I found a great accounting job with a U.S. real estate company. Now, we're trying to figure out how I can legally work for them (and preferably quickly).

I only have a 2 year business administration diploma (in accounting/finance), which makes obtaining a TN visa impossible. It also makes USCIS forms difficult, as without a 4 year degree, there has to be a shortage of "available U.S. workers". But here's what I have going for me: In a standard competency test of accounting skills given to me during the interview stage, I scored higher than anyone has in the 5 years they've been giving the test. I also have advanced computer skills, and can type 100+ words per minute. The company was originally just hiring a standard accounting assistant for their department, but due to my skills, they want to get me involved in accounting software setup and corporate accounting as well.

My question is this: Would this be enough to qualify me for O-1A status (extraordinary ability) under an I-129? If not, what route should I go? Could it be argued that while there may be available U.S. workers, they likely wouldn't be able to do all the things I am capable of, and at the level I can do them? I don't mean to sound arrogant - I'm just wondering what exactly the definition of "available U.S. workers" is. Even USCIS couldn't give me an exact definition when I contacted them.

Any help here regarding which route I should go with work visa processing would be appreciated. Thanks in advance.

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1068
Location: Calgary

Posted: Sat Jun 21, 2008 11:29 pm

You're talking about the dept of labor certification, USCIS don't get involved in that, they process the I-129 with the paperwork attached. Have a look at:

http://www.foreignlaborcert.doleta.gov/form.cfm

There's more to it than how good you are, the job generally has to require those skills.

The quota for H-1B filled up on April 7th, from what I've heard.

I doubt you'd qualify for O-1 going by what it says on the USCIS website.

Sad

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Steve.

CMac83
Junior Member

Joined: 15 Jun 2008
Posts: 11

Posted: Sun Jun 22, 2008 10:43 am

Thanks for replying. So is there any possible route I could go that would likely be accepted? This sucks - The employer wants to hire me and might not be able to? How does this benefit the company if they can't hire the person they want? Some of these rules and laws make no sense to me.

perkyj
CanuckAbroad Regular

CDN in Illinois

Joined: 21 Mar 2008
Posts: 74
Location: Illinois

Posted: Sun Jun 22, 2008 12:51 pm

You don't need a degree for all TN jobs. Are you a CPA, CA, CGA, or CMA?

CMac83
Junior Member

Joined: 15 Jun 2008
Posts: 11

Posted: Sun Jun 22, 2008 2:48 pm

No, I don't have any license. The TN visa isn't an option for me, so I'm wondering what I might qualify for under USCIS laws.

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1068
Location: Calgary

Posted: Sun Jun 22, 2008 9:06 pm

Even H-1B requires a BA. Can't think of anything, sorry. You might be able to squeeze out an "experience equivalent to" definition, but clearly that doesn't make you a CPA, etc. so you can't get TN-1 and the quota for H-1B is full anyway.

Quote: Some of these rules and laws make no sense to me.

US immigration law is unusual in that it favours family reunification over employment-based immigration. Largely because of protectionism.

If you read through the threads on here, when it comes down to family-based immigration the question is usually: "which forms do I fill in?" And when it's employment-based the question is usually: "how do I get in?"

Especially difficult for young people as so many of the visa categories require you to have exceptional experience or lots of qualifications.

The only thing I can think of is to go in as a student, you can get employment authorization during a full-time course of study (which I think equates to three courses a semester) provided it relates to the course of study (and IIRC you can only work 20 hours a week until the course is finished, then you can get work authorization for up to a year full-time). But the problem is of course you have to pay full tuition as you're a foreign student.
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Steve.

CMac83
Junior Member

Joined: 15 Jun 2008
Posts: 11

Posted: Sun Jun 22, 2008 10:30 pm

Alright, thanks for the help so far. I'm doing all this so I can be with my girlfriend (and also because I really do want this job). College in the U.S. isn't an option for me, as there are some crazy state rules that would require me to pay about $15,000 a SEMESTER. I don't exactly have that kind of money floating around right out of college.

Unlike most cases that I see posted on here, marriage is potentially an option for us as we've been together for over 2 years now, and I've already moved away from my permanent residence.

So, assuming the TN visa and all these immigration forms aren't options, how quick would I be able to work after marriage? I'm looking on the USCIS website and it's saying an I-129F (for an alien fiance) is currently taking about six months to process. Then after that, I think I'd have to file an I-485 with Immigration in order to work? And I see that those are currently backlogged over 2 years. Seems like it could take even longer than if I completed my bachelor's degree. Am I missing something? All along I've heard that marriage is the quickest and easiest way to go.

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 1145
Location: North Carolina

Posted: Mon Jun 23, 2008 3:15 am

The I-129F for fiance takes a few months, and then you enter the US, you have 90 days in which to be married. If you don't get married within that time frame, you are out of status and have to leave.

Once you're married, you have to apply to adjust status, and with the AOS, you apply for employment authorization, which takes only 90 days. I don't know where you got the 2 years from.

You could also get married and then apply for an immigrant visa, which would allow you to work pretty much as soon as you enter the US with your valid visa. However, these types of visas take about one year to process, and you have to pretty much stay in Canada during that time.

go to http://www.visajourney.com for information on marriage based immigration to the US.
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