Canadian needs info on usa work visa

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Canadian needs info on usa work visa

Postby sweetalexa » Mon Jun 08, 2009 12:27 pm

Hello,
I would like to have some help with figuring out what kind of work visa I need to apply for if I would like to work as a Clinical Research Assistant at a hospital in the US. A BSc is required to apply for this job and it would be for a period of 2 years.
There are so many visa types that I do not know which is the right one for me to apply for.
Also, does anyone know of a good RELIABLE website I can find appropriate info?
Thanks
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Re: Canadian needs info on usa work visa

Postby Steven » Mon Jun 08, 2009 9:54 pm

It's pretty much going to be H-1B unless you fit into one of the TN-1 categories enumerated in 8 CFR 214.6 - there are various medical and scientist categories you might be able to fit into, the advantage of TN-1 is that it's much simpler to get than H-1B.
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Re: Canadian needs info on usa work visa

Postby sweetalexa » Tue Jun 09, 2009 6:12 am

Thanks for the reply, but wouldn't my employer need to "sponsor" me for the H-1B visa? I think I might qualify for the TN status; they list Research Assistant on their list, but it is written:

Research Assistant (working in a post-secondary educational institution) Baccalaureate or Licenciatura Degree

Does this mean that it doesn't apply to me if I will be working in a hospital?
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Re: Canadian needs info on usa work visa

Postby axolotl » Tue Jun 09, 2009 8:27 am

If the hospital is owned by a university you might qualify. I don't think you would qualify under any other circumstances though.
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Re: Canadian needs info on usa work visa

Postby Steven » Tue Jun 09, 2009 8:55 am

sweetalexa wrote:Thanks for the reply, but wouldn't my employer need to "sponsor" me for the H-1B visa?


There is no visa in either category for Canadians, you apply at the POE with the relevant paperwork, the important bits of which your employer has to provide. Problem with H-1B is getting the relevant bits of paperwork is significantly more difficult, they must get a labour certification for you from the Dept. of Labor and it's also subject to a quota although it hasn't been hit this year yet. Plus they must formally apply with the certification to USCIS on I-129 to get an approved I-797 which you use for entry, whereas with TN-1 all you basically need is a job offer letter from the employer explaining why you fit into the relevant NAFTA category, plus proof of your qualifications.

H-1B requires a bachelor's degree (or equivalent) or twelve years of relevant experience and the job must require that degree/experience.

If your employer has experience with applying for H-1B then it is relatively straightforward although a bit long-winded.

In medical professions it's important with H-1B applications that it doesn't sound like anything to do with nursing, as nursing is not allowed on H-1B.
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Re: Canadian needs info on usa work visa

Postby sweetalexa » Wed Jun 10, 2009 8:47 am

Thank you guys for the info.

Basically my employer will not sponsor me to work in the States; however, I found out that the hospital I will work for is affiliated will a university. I wonder if this is sufficient to qualify for TN status.

Does anyone know of a # I can call for information?

Thanks again,
Michèle
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Re: Canadian needs info on usa work visa

Postby Steven » Wed Jun 10, 2009 9:04 am

All they'll be able to tell you (if you find one) is what's in the CFR:
Research Assistant (working in a post-secondary educational institution) -- Baccalaureate or Licenciatura Degree.


What "in" means I think boils down to how close those ties are and what the CBP guy who looks at your application thinks.
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