Canadian Citizen to Work at US Research Institute

[mermaid]

Hi everyone,

I was granted a research position for the fall for just under three months. It is a racial justice research organization and I will be working out of their NY office. They are calling my position a "research intern" position. It is PAID. They have never hosted a "foreign" intern before. This is not an exchange program.

As a Canadian citizen it comes to my attention that I can visit the US for up to 6 months per calendar year. During that time, you are considered a Visitor, and not eligible to work.

In this paid position, I will be working for the organization. But I have no idea what visa I need.

1) J visa?

I don't know if I will be a foreign academic in this case, even though I will be working in a research office (publishing articles, writing for their magazine) and have a BA from a Canadian university. Moreover, the center I will be working at is not a governmental center, nor is it
an educational institution (college/university). Would it be private sector?


2) H-1B visa?

According to http://travel.state.gov/visa/temp/types/types_1271.html
the H-1B classification applies to persons in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. I have no idea whether or not this applies to my situation.


3) TN visa?

The TN is a non-immigrant visa, usually valid for One Year (renewable). I need a job offer from a US employer. I do not know if I am eligible for the TN because
a) I'm going there for less than three months and
b) It is not a job offer but an paid research position offer for a short duration of time, and
c) I don't think a "researcher" not based in a post-secondary institution is eligible under NAFTA

A Canadian citizen without a TN visa can apply at a U.S. port of entry with the required documents. If this is suitable,

a) is a photocopy of my transcript enough? how do I photocopy my Degree?
b) this is an amateurish question, but with the TN visa, the idea is that you have a job lined up; if it is successful, do you then enter the states and can go back to Canada to move your belongings?



I don't know where to start with this question. My employer has mentioned that they will do the necessary paperwork, but that it is mainly my responsibility to figure out what kind of visa is necessary.

[axolotl]

TN is not going to work for you. The job you described does not match up with any of the TN job categories.

H-1B would work if you were a researcher, but not if they are calling it an "intern" position. You can only qualify if it's a professional position. Also, H-1Bs are not designed for 3-month stints (and the cost of applying, alone, is a deterrent). For those reasons, H-1B is not a likely option either.

Your only other alternative is a J-1 visa through SWAP. Visit this site for more details: http://www.swap.ca/out_eng/destinations ... nship.aspx

[mermaid]

I can't seem to locate the agency I'm working for under SEVIS, which means the J1 visa is out? The J1 visa is for governmental- or private sector internships, which I'm not sure if I'm eligible for.

[axolotl]

I can't seem to locate the agency I'm working for under SEVIS, which means the J1 visa is out? The J1 visa is for governmental- or private sector internships, which I'm not sure if I'm eligible for.

No. J-1s are for exchange visitors that are pursuing some sort of career training in the United States. This can include, for example, internships.

For more information on J-1s, you should contact the organization whose link I provided in the previous post.

[Steven]

Yeah, I'd say try for a J-1 through SWAP - www.swap.ca It's probably the simplest option.

Failing that I would suggest you go for H-3, but it's a lot of paperwork for only three months. It's the most appropriate category though.

[mermaid]

For my research position, I will not be a "trainee" per se -- I will take on a more independent role pursuing research projects, and writing articles -- though I will need some orientation on their specific research tools, and the field of study (American public policy administration).

Under the J1 visas Private sector programs, which are hosted by SWAP, I was told I "could" be eligible as a trainee.

Under the J1 visas Government Visitor programs, however, that SWAP *does not* consider eligible, is where I think I fit in: as a "Short-Term Scholar."

What am I supposed to think?!

-- Thu Jul 09, 2009 9:42 pm --

Another thing:

1) What defines "trainee"? Then I'll know if I am eligible for the H3 visa.

2) The other visa I am considering is the TN visa. I am a Canadian citizen and am asking my employer to draft me a letter with full information that is relevant to what the TN visa asks for. They will be writing my position as "Research Assistant" (which is one of the NAFTA approved jobs). However, this is at a public policy research institution, and not a college or university. Does this mean I am automatically ineligible?

[axolotl]

TN is not an option for you unless the institution you are working at is directly affiliated with a college or university (like a research center or academic department of a university).

The SWAP website says that generally research scholars don't qualify for their J-1 but says that "short research traineeships possible if it is actual training in research." Not really sure what that means, you'll obviously have to get more clarification from their end.

H-3 would probably not be appropriate for you. An actual training "program" has to be formulated by the employer, which often involves at least some classroom training, along with supervised on-the-job training. Like Steve said, it's a lot of paperwork and effort for a 3-month stint.

[Steven]

The advantage of H-3 is that the employer doesn't have to be State Dept. registered, they just file an I-129 with the supporting paperwork showing evidence that it's something you can't do in Canada, etc.

But I'd try for the J-1 first.