Degree Not Closely Matching Job Description - Suggestions?

xpohtz
New Member



Joined: 02 Oct 2008
Posts: 4

Posted: Thu Oct 02, 2008 7:58 am

 

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Hello,

I am a Canadian Citizen, possessing a degree in Economics from a Canadian University.

With the assumption that everything had already been cleared with the immigration lawyers - I made a point of letting my educational background be known from the beginning - I gave notice to my existing employment situation that I was leaving, and accepted an offer from a large company in the US (which I have never worked for before - L visa not an option).

The "original" offer was for an Engineering/Technical position. I have 5-7 years of work experience in the field, a professional certification, and have taken a number of field-related courses. As I have come to learn, however, this doesn't really matter in the eyes of the government.

As my starting date in the US approached, the company advised me not to travel to the US for the time being, as the immigration lawyers were not confident that I would be approved for a TN status visa.

At the present time, I am "stuck" in Canada, waiting for all parties involved to figure out a solution. As I understand it, the company is committed to doing whatever it takes (legally) on their part to make this happen, and being a larger company, should have sufficient resources to invest.

Since I have already left my employment situation (live and learn!), I am not working at this time.

With my life on hold at the moment, I've been trying to brainstorm some different ideas about how to make this work. Some of the ideas I have come up with are:

- work as a consultant for the US company while living in Canada, and travel to the US one or two weeks a month?
- somehow align the job description to "closely match" my degree (not sure how)?


Any thoughts/suggestions would certainly be appreciated.


Thank you.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Thu Oct 02, 2008 9:14 am

 

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Depends on what you do when you're in the US, if you want to be based in Canada, this thread: http://www.canuckabroad.com/forums/new-tax-law-...anada-vt4773.html explains the tax situation which can be complex.

What you need to do is do a web search on "B-1 NAFTA entry". B-1 is the entry category for business visitors to the US, but for Canadians it's broader because of NAFTA.

This will give you an idea as to how workable a plan that is.

Economists can enter the US in TN-1 but it doesn't sound plausible to shift the job description that far.

The only other options I can think of are to actually do a BA in engineering while you work for them in Canada and then enter the US at a later date, or have them set up a Canadian office and then enter on L-1B at a later date. Neither of which is terribly practical I realize.

You've missed the filing deadline for H-1B and the odds of getting it are pretty slim anyway. O-1 isn't really an option either because you'd almost certainly need a degree for that.

The only other option I can think of is the full-blown immigration route, from the sounds of it you'd be EB-3 skilled worker but it takes years to get.
_________________
Steve.

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xpohtz
New Member



Joined: 02 Oct 2008
Posts: 4

Posted: Thu Oct 02, 2008 4:48 pm

 

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Your suggestions are much appreciated, Steve.

Thank you.

It looks like we are exploring a couple of different avenues right now.

I'll try to update later with how things turn out.

Hopefully, others in a similar situation to myself may find this thread useful.

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xpohtz
New Member



Joined: 02 Oct 2008
Posts: 4

Posted: Sun Nov 09, 2008 10:15 pm

 

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Well, it has been a long, arduous journey, but I finally got my TN Status work visa.

After going back and forth between HR, Immigration, and a team of lawyers, the angle that we ended up pursuing was "Scientific Technician/Technologist".

From what I understand, this type of TN is one of the hardest to get, since the requirements are quite vague. Just in case, here are the requirements according to one website I found:


NAFTA Requirements for TN as a Scientific Technician/Technologist.

To qualify for TN status under NAFTA as a Scientific Technician/Technologist (“Sci/Tech”), an applicant must provide proof of two elements:

(a) Theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and

(b) The ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research.

Additionally, a business person in this category must work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics. 8 C.F.R. § 214.6 (c) and n.6.

Additional U.S. Immigration Guidance.

A U.S. immigration memorandum outlines the following five principles to consider in evaluating the admissibility of TN visa applicants under the Scientific Technician category:

1. Individuals for whom scientific technicians/technologists wish to provide direct support must qualify as a professional in their own right in one of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics.

2. The offer of employment must demonstrate that the applicant’s work will be interrelated with that of the supervising professional.

3. The applicant should have acquired his theoretical knowledge through the successful completion of at least two years of training in a relevant educational program. This may be documented by a diploma, certificate, or a transcript accompanied by evidence of relevant work experience.

4. The applicant’s proposed job functions must be consistent with those of a scientific or engineering technician or technologist as provided for in the Department of Labor’s Occupational Outlook Handbook (“OOH”).

5. An applicant is not admissible where the proposed work is that normally done by the construction trades (welders, boiler makers, carpenters, electricians). Williams Memo (Nov. 7, 2002).


Also, due to some changes that recently took effect (something I'm benefiting from as a result of the delay), apparently my TN is valid for 3 years, as opposed to just 1. Nice!

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renee
New Member



Joined: 04 Nov 2008
Posts: 9
Location: Toronto

Posted: Mon Nov 10, 2008 3:27 pm

 

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Hi,

I am in a very similar situation as you (in terms of having quit my job and not working while waiting for a TN.) Waiting for the lawyer to rewrite the submission.

What POE did you use? I am glad to hear it worked out for you, I've seen a lot of challenges on this thread.

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xpohtz
New Member



Joined: 02 Oct 2008
Posts: 4

Posted: Mon Nov 10, 2008 4:34 pm

 

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Hello,

Since the Immigration Lawyers had experience working with officials at the Detroit-Windsor Tunnel, that is the POE that was used in my case.

I wish you the best of luck. Not working while waiting for a TN can definitely be a trying time.

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