Confused with all these proceedures

Can somebody please confirm or clarify the following points?

1) I am in the process of negotiating employment with a US employer, and they want me to present an Authorization for Employment Document (AED), however I am confused as the wording on the USCIS website does not clarify this very well. It seems as though they want you to have your Visa already, and that the employer should be applying for your AED on your behalf.

2) This is a permanent position, however with lead times on H Visas, it seems more reasonable that it would be a TN Visa I would be applying for.

3) I will need the position secured before I can apply for the Visa.

Also, as for work experience, can anybody clarify if I would fall under the trade NAFTA agreement? I have 12 years experience in the field, however no formal certificate or post secondary education (2 year minimum). The position is for a Senior Database Administrator.

Thanks in advance,


J.S.

If the employer is asking You to present your EAD, then in all likelihood they are either not willing to sponsor you for a TN, or they are unaware that they are supposed to send you the employment offer so that you can apply for the TN. The employer would also need to sponsor you for an H visa, and they would need to initiate this process and pay the processing fees. They may not be inclined to do that.

USCIS and DoS are pretty specific about the qualifications needed for TN visas though, and if you do not fall into any of their categories, you probably will be denied. For a TN, I don't think they take into account work experience, only post-secondary degrees.

If you are otherwise not eligibe to apply for an EAD, and the employer is not willing to sponsor you, you're pretty much out of options for that job.

After speaking with the employer in regards to the TN application, I found out they have a Canuck working for them already, and luckily that employee was able to explain the entire TN process to them. They have started the process on my behalf. I spoke with a USCIS representative, and they confirmed that even though I do not have a degree, I do fall under the NAFTA agreement as a "Skilled Computer Systems Analyst" which requires a Post Secondary Certificate and three years' experience, and that I should not have a problem when I bring in the letter etc.

My next question:
What should I expect now? From what I understand, I will receive a package from the employer for the TN, which will contain most of what I will need when I arrive at the airport, but that is all I really know.

There is several things to ensure your success.

Though you have a Canadian already working at the company, does not mean you will be accepted for the TN Visa. If your paperwork is incorrect, you are not prepared for the border interview and say something incorrectly you will be denied -- even if you qualify for the TN Visa.

What to do:
1. Be prepared. Read up on the TN Visa process, the requirements, etc. We have a lot of useful information for you.
Start with:
TN Visa Overview

2. Review the paperwork prepared by your employer. Ensure everything is accurate and valid. You can use the TN Visa Expert Application Kit information to help you with this.

3. Ensure you have all the correct documentation.

4. How you behave and what you say at the border is very important. Answer the questions that are asked. Be careful they may try to determine your intent. Be polite. The TN Visa Expert Application Kit provides information on how to prepare for the border including questions that may be asked.

Here is an article to help you as well:
Common TN Visa Mistakes to Avoid

Good luck!

and you have to all of the below every year ?

There is several things to ensure your success.

Though you have a Canadian already working at the company, does not mean you will be accepted for the TN Visa. If your paperwork is incorrect, you are not prepared for the border interview and say something incorrectly you will be denied -- even if you qualify for the TN Visa.

What to do:
1. Be prepared. Read up on the TN Visa process, the requirements, etc. We have a lot of useful information for you.
Start with:
TN Visa Overview

2. Review the paperwork prepared by your employer. Ensure everything is accurate and valid. You can use the TN Visa Expert Application Kit information to help you with this.

3. Ensure you have all the correct documentation.

4. How you behave and what you say at the border is very important. Answer the questions that are asked. Be careful they may try to determine your intent. Be polite. The TN Visa Expert Application Kit provides information on how to prepare for the border including questions that may be asked.

Here is an article to help you as well:
Common TN Visa Mistakes to Avoid

Good luck!

You can't qualify as a TN computer systems analyst without a degree. You may qualify for an H-1B. Have you held an H-1B in the last 6 years?

Sorry about the lengthly delay. No I have not ever held an H1B. I have looked further into the education portion and realized that I would not quality for the TN visa. What are the process involved for a H1B visa?

H-1B
The H-1b1 visa is the mainstay temporary nonimmigrant business visa, utilized by hundreds of thousands of U.S. companies, corporations, and business entities to employer foreign specialty occupations workers. H-1Bs are only appropriate for those engaging in so-called specialty occupation positions. The laws define a specialty occupation as one requiring the person filling such a position to hold at least a bachelor's degree. Naturally, most H-1b1 workers are those hold bachelor's degrees or higher. However, the law does not absolutely require that everyone holding an H-1b1 have a bachelor's degree. Those without a four year Bachelor's degree (or foreign equivalent) may compensate for the lack thereof, with relevent work experience. (the work experience must be relevent to the foreign national's job duties in the H-1b position.) Immigration lawyers use a simple formula to determine if the H-1b applicant can compensate enough to qualify for the visa. This formula is best expressed using examples: Foreign national X has been an offered a position as an accountant. He has only completed 2 years of a 4 year Bachelor's degree from a U.S. university. But he has also worked as an accountant outside of the U.S. for 5 years. The compensation rule tells us that for every year of the bachelor's degree that the applicant is missing, he or she can compensate with 3 years of relevent work experience. (1:3) So, in this example, X would not qualify for the H-1b, being one year shy of meeting the specialty occupation requirement's threshold. Sometimes foreign nationals with no college degree at all can prove qualification with 12 years of relevant work experience, however, that experience must progressively involve more responsibility. The reality is that USCIS will rarely approve a case like this unless the occupation itself is one which is normally filled by persons without college degrees.

Duration

* The initial H-1B visa will expire after 3 years.
* H-1B holders can file for a one-time extension of 3 years.
* Total stay: 6-7 years with the same employer.

Portability

Part of the H-1B's allure is the fact that it carries portability. Portability means that a foreign national in H-1B status may change employers, and begin employment with the second employer even before the petition with that second employer is approved, after USCIS notifies the petitioner that the petition has been received at its service center.

Dual Intent

Another beneficial aspect of the H-1b is the fact that it carries dual intent. Every nonimmigrant visa carries some form of intent: some carry nonimmigrant intent, (TN-1 for example), meaning the holder of a nonimmigrant intent visa may qualify for the visa but can still be deemed inadmissible if he or she cannot sufficiently demonstrate the nonimmigrant intent required to hold that visa. For example, a foreign national in TN-1 status who files for an immigrant visa (Green Card) through adjustment of status, has as a matter of law, demonstrated immigrant intent (the intent to immigrate to the United States.) and would therefore no longer be admissible under TN-1 status based on a charge of immigrant intent. (INA 212(a)(7) (But see "Green Cards" section for a discussion of TN to green card processing through the use of consular processing.)

How can I determine if I qualify for an H-1B?

The U.S. Government's definition of speciality occupation is elusive. In some occupations, however, it is clear that the profession included within the occupation indeed qualfies as a speciality occupation. For example, an economist is a speciality occupation because its an industry standard to require an economist, working even at an entry level position, to hold a Bachelor's degree. Other professions, surprisingly, don't qualify as specialty occupations. For example, it is very difficult for a nurse to obtain an H-1B, even though nurses must possess theoretical knowledge in a highly specialized field of knowledge: nursing. The government suggests that nursing positions are not H-1B caliber because not all employers in the industry require nurses to have Bachelor's degrees. And the reality is that that many nurses do not hold Bachelor's degrees.

The two steps in determing qualification for H-1B status

a. The occupation must qualify as an H-1B caliber occupation. An H-1B caliber occupation is one which requires
knowledge in a highly specialized field. This is normally shown by the industry requirement or employer requirement
that the position to be filled requires a bachelor's degree in order for the beneficiary to reasonablly perform the job duties. Surprisingly, many occupations are not specialty occupations, even when they involve specialized skills requirements.

b. The beneficiary of the petition (The U.S. employer is the petitioner) must qualify for the specialty occupation.
For example, an engineer filling a U.S. engineering position would qualify for an H-1B if he or she possesses a
Bachelor of Science in Engineering or foreign equivalent. But an engineer without the completion of a Bachelor of Science in engineering, even with significant work experience as an engineer, will probably not qualify for an H-1B. (Unless of course they
can meet the 3:1 rule. (3 years relevent work experience for every 1 year missing from a Bachelor's degree.)

Specialty Occupations which USCIS has deemed H-1B caliber occupations (attorney notes in italics)

* Accountant
* Acupuncturist
* Administrative assistant
* Administrative executive
* Agronomist
* Agriculturist
* Animal Husbandry
* Attorney (foreign Bachelor of Law Degree acceptable)
* Biochemist
* Casino pit manager (no degree requirement; experience sufficient)
* Chemist
* Chiropractor
* Clinical Psychologist
* College Instructor
* Computer Hardware Technician
* Computer Programmer (this profession is excludable under TN-1)
* Contract specialist
* Corrective Therapist (no state license required)
* Drug/Alcohol counselor (requires MD)
* Credit Analyst (no degree requirement; experience sufficient)
* Database Administrator
* Dairy Farm manager
* Dietician
* Political Consultant
* Economist
* Engineer
* Engineer consultant
* Entomologist
* Epidimiologist
* Engineering Technician
* Fashion Designer
* Forester
* General Manager (case: Artic Catering Inc. v. Thornburgh held that 2 unrelated degrees + work experience is sufficient)
* Geneticist
* Geophysicist
* Graphic Artist
* Graphic Designer
* Hotel Manager
* Assistant Hotel Manager
* Industrial Designer
* Interior Designer
* Investment Analyst
* Journalist
* Librarian (must possess Masters degree)
* Business Manager (no degree requirement; experience sufficient)
* Marketing Analyst
* Marketing Director
* Marketing Manager
* Mathematician
* Medical Doctor
* Medical Record Librarian
* Medical Researcher
* Medical Research Assistant
* Medical Technologist
* Minister
* Nutritionist
* Nurse (charge nurses or specialized nurses only)
* Orthoptist
* Social Worker
* Pathologist
* Pharmacist
* Physicist
* President (no degree requirement; experience sufficient)
* Programmer Analyst (no degree requirement; experience sufficient)
* Farm Manager (must possess Bachelor's in Agriculture or related field)
* Marketing Specialist
* Showroom Manager (no degree requirement; experience sufficient)
* Software Engineer
* Soil Scientist
* Shipping Superintendent
* Surgical Assistant
* Computer Systems Analyst
* Teacher (any level including pre-school)
* Technical Director
* Translator
* Veterinarian
* Vice President
* Vocational Counselor
* Webographer
* Zoologist

That's quite the post, and I thank you for that information. It lead to a couple of new questions, I am certain you would be able to answer.

What is the USICS definition of a Programmer/Analyst; how does this differ from Computer Programmer? Are there any specific requirements for Database Administrator?

The short version, is I have no formal training, but I have over 12 years of experience programming in many different languages, managing and developing databases, and nearly all related aspects of application and web development.

One of the companies (yes the list has grown since I first posted this) is interested in my database administration and development skills; and I am trying to see what type of Visa I am needing to obtain or otherwise apply for.

J.S.

Generally computer programmers don't qualify for H-1bs if they are only working with business applications. If the work involves engineering or scientific applications, then an H-1b works. We call this occupation a transitional H-1B occupation because CIS is beginning to recognize that sometimes the profession is H-1B caliber.

My understanding is that programmer/analysts are H-1B eligible. A programmer analyst is different from a programmer in that the programmer doesn't do any systems analysis. The programmer/analyst qualifies based on the systems analysis.

Your qualification will be challenging because you need to show 12 years of relevant work experience and professional level standing.

Database administration is an H-1b level position.