Does my profession qualify TN to work in the U.S.

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Otis26New Member
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Posts: 3
Joined: 25 May 2009

Does my profession qualify TN to work in the U.S.

Post Mon May 25, 2009 3:07 pm

I am close to accepting a Sr. Vice President role in the U.S. in the Logistics industry. I don't see logistics in the NAFTA list. Do I qualify?

How long does the whole TN process take?
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RebaModerator
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Joined: 16 Jul 2004
Location: North Carolina

Re: Does my profession qualify TN to work in the U.S.

Post Mon May 25, 2009 3:25 pm

If you're qualified, it takes anywhere from 20 minutes to an hour or so at whichever POE you cross at. That's it. You just take your application and offer of employment letter to the POE, along with your credentials and you're on your merry way.

If the job is not listed on the NAFTA list however, it is unlikely that you would be able to get a TN.
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Otis26New Member
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Joined: 25 May 2009

Re: Does my profession qualify TN to work in the U.S.

Post Mon May 25, 2009 4:32 pm

Hmmm.. this isn't looking good. H1B Visa's are limited and from what I understand all ready all taken and unless I have already been working for this employer for 12 months other visa don't apply. Is the TN the only way to get in? The position is very senior as I will be running a $700Million company. EB 1 visa won't work either. There must be some way for the employer to sponsor me???
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StevenCanuckAbroad VIP
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Location: Calgary

Re: Does my profession qualify TN to work in the U.S.

Post Tue May 26, 2009 11:14 am

You understand incorrectly - the H-1B quota isn't full yet.

My suggestion would be to go for that with premium processing, the DOL labour certification takes awhile though so get moving ASAP on it.

If you're running a $700 million company then you must have some pretty heavy-duty experience so I would have thought it was a virtual certainty you could get O-1 as well, which may actually be a better option than H-1B. If you get O-1 then getting EB-1 or 2 later is pretty straightfoward because you have already demonstrated that you are "outstanding" in your field.

Have a read of: 8 CFR 214.2(o) for more information. Or wikipedia.
Steve.
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Otis26New Member
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Posts: 3
Joined: 25 May 2009

Re: Does my profession qualify TN to work in the U.S.

Post Wed May 27, 2009 8:40 am

I realized yesterday that the quota has not been filled which helps. Looking at the O-1 requirments I believe I can make this work as well. Is there a quota on O-1's ? Are there any start time restrictions like the H-1B of OCt '09 (beginning of fiscal 2010)?

With H-1B it is for Fiscal 2010 which begins in Oct '09. I am being advised that I could receive "consultant status" on a TN in the mean time to carry me until Oct. so I could start working asap and then assume the H-1B in October?

-- Wed May 27, 2009 12:44 pm --

found the answer...." there is no limit to the number of O-1 visas that can be issued"

Thanks...I think this is my best bet.
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StevenCanuckAbroad VIP
Posts: 3635
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Joined: 28 Sep 2007
Location: Calgary

Re: Does my profession qualify TN to work in the U.S.

Post Wed May 27, 2009 11:27 am

You probably wouldn't qualify as a management consultant if you're directly employed by them, the FAM requires it to be a "supernumerary temporary position", i.e. an entirely separate temporary position which wouldn't exist if not for you consulting with them. It does largely depend on how much of a jobsworth the CBP guy you get is though.
Steve.
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