Canadian Ph.D - How to Obtain Form I-9 Documentation?

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ShimokitazwawNew Member
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Canadian Ph.D - How to Obtain Form I-9 Documentation?

Post Fri Jan 13, 2012 5:40 am

Hello,

I hold a Ph.D and M.A. in Education and a B.A. in Criminology. I've taught at the university level for the last 7 years and have also worked in policing (RCMP and city police). I'm curious if anyone can tell me how to obtain the required Form I-9 documentation that would allow me to legally submit an application for a criminal justice related position I'm interested in pursuing.

I've been in contact with the prospective employer and they will consider my application even though I am not a U.S. citizen. However, they first require that I produce Form I-9 documents at the time of application. Eventually, I would like to obtain a green card or permanent residency status. I'm single with no dependents, so it's just myself that I would be needing a work permit for.

It appears that I need two documents to satisfy the Form I-9 requirements:

1. Driver's license issued by a Canadian government authority (which I have) on List B
2. Several Items from List C - i.e., Social Security Card, I.D. Card for Use of Resident Citizen, Employment Authorization Document Issued by Dept. of Homeland Security.

Any advice or suggestions on how to obtain the second piece of documentation would be greatly appreciated. That, or any other possible and legit work visas that I may be eligible for.

Thanks.
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agnelsonCanuckAbroad VIP
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Re: Canadian Ph.D - How to Obtain Form I-9 Documentation?

Post Fri Jan 13, 2012 6:54 am

What they are in effect telling you is that they will not sponsor you for a job, without you first having a job in US.

I-9 is the form that the employer keeps on file to show the govt that THEY are hiring YOU legally. The document you need to provide them is your US work authorization -- which they would first need to obtain. You quite simply are not enetiltle to any of the List C documents until someone sponsors you, you get approval from DHS which then allows you at least apply for your SSN. Your Cdn DL is useless without all these other things.

It is a visious circle for you -- but what it means is they won't be hiring you if they stick to their process. You need to explain to them that the purpose of your application is to get such legal work document to satisfy I-9.

Good luck doing that HR depts are notoriously thick-headed when it comes to sticking to procedure.
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ShimokitazwawNew Member
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Re: Canadian Ph.D - How to Obtain Form I-9 Documentation?

Post Fri Jan 13, 2012 6:59 am

Yeah, that's my understanding of it all in a nutshell, too. Thanks for confirming this for me. It's indeed a viscous circle, because they do not sponsor applicants.

Thanks again!
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I-9InsiderNew Member
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Re: Canadian Ph.D - How to Obtain Form I-9 Documentation?

Post Fri Jan 13, 2012 3:49 pm

The Form I-9 is not a document you are required to produce. The employer must have you fill it out within 3 days of hiring, and not before. So until they hire you, you wouldn't have to complete this form.

BTW, it's illegal for them to specify which two documents you need from the list of acceptable documents listed in section 2. (That's a violation of federal discrimination laws.)

For a list of the acceptable documents you can choose from, see page 5 of the I-9 Form (which they will complete with you after you are hired). Search for the I-9 form on the uscis. gov site or google it.

You only need either 1 document from List A (such as a Canadian Passport with an I-94 authorized to work in the US by a specific employer), or 1 document from List B and 1 from List C.

Whether you are legally employable in the US has nothing to do with you filling out an I-9 form. But if you lack the documents acceptable on the I-9 form, they cannot legally continue to employ you.

Because this is a university and you have special experience, there is a good chance you may qualify for a "visiting scholar" visa; I think it is called the TN, or the nonimmigrant NAFTA Professional visa.

You should consult with a US immigration attorney and your prospective employer if you have questions about how to obtain a work authorization. (Please note: I am not an immigration attorney and cannot offer legal advice.)

Good luck!

Dan
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I-9InsiderNew Member
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Re: Canadian Ph.D - How to Obtain Form I-9 Documentation?

Post Fri Jan 13, 2012 4:14 pm

For more into, check travel. state. gov/ visa/temp/types/ types_1274.html#1

Requirements for Canadian Citizens:

"Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified T.N. visa applicants upon request. A Canadian citizen without a T.N. visa can apply at a U.S. port of entry. Learn about requirements and more on the U.S. Customs and Border Protection (CBP) website and U.S. Citizenship and Immigration Services (USCIS) website. Canadian citizens can also review information regarding T.N. visas through U.S. Embassy Ottawa's website."
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ShimokitazwawNew Member
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Re: Canadian Ph.D - How to Obtain Form I-9 Documentation?

Post Sun Jan 15, 2012 7:20 am

I have a Canadian passport and a driver's license.

How do I obtain the 1-551 stamp or 1-94 / 1-94a form?
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ShimokitazwawNew Member
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Re: Canadian Ph.D - How to Obtain Form I-9 Documentation?

Post Mon Jan 16, 2012 10:49 am

I-9Insider wrote:The Form I-9 is not a document you are required to produce.


I already know that.

I-9Insider wrote:BTW, it's illegal for them to specify which two documents you need from the list of acceptable documents listed in section 2.


They did not specify which two documents I need. I never said they did.

I-9Insider wrote:For a list of the acceptable documents you can choose from, see page 5 of the I-9 Form (which they will complete with you after you are hired). Search for the I-9 form on the uscis. gov site or google it.


I already looked at the list, see my post above where I listed the required documents.

I-9Insider wrote:You only need either 1 document from List A (such as a Canadian Passport with an I-94 authorized to work in the US by a specific employer), or 1 document from List B and 1 from List C.


I already looked at the list, see my post above where I listed the required documents from List:

It appears that I need two documents to satisfy the Form I-9 requirements:

1. Driver's license issued by a Canadian government authority (which I have) on List B
2. Several Items from List C - i.e., Social Security Card, I.D. Card for Use of Resident Citizen, Employment Authorization Document Issued by Dept. of Homeland Security.

I-9Insider wrote:Whether you are legally employable in the US has nothing to do with you filling out an I-9 form. But if you lack the documents acceptable on the I-9 form, they cannot legally continue to employ you.


I already know that.

I-9Insider wrote:Because this is a university and you have special experience, there is a good chance you may qualify for a "visiting scholar" visa; I think it is called the TN, or the nonimmigrant NAFTA Professional visa.


It's not a university. It's a police service.

I-9Insider wrote:You should consult with a US immigration attorney and your prospective employer if you have questions about how to obtain a work authorization. (Please note: I am not an immigration attorney and cannot offer legal advice.)


Thanks!
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