Does the Bachelors Degree have to be Specific for TN Visa?

Steven I found this on an ealier post....


Re: TN to LPR/GC
by nishant » Sun Feb 01, 2009 1:31 pm
TN is a non immigrant visa and does not lead to green card due to non-dual intent.

If green card application is filed while on TN, one can risk cancellation of TN visa during reentry.


So basically you are saying applying for the LPR under EB3 from TN status is the easiest route.. as oppose to H1B to EB3... ?

What I'm saying is that they both have problems, but TN-1 has less problems.

In fact what you could do is OPT -> TN-1-> H-1B -> EB-3 if you want and your employer is willing to put up with the hassle.

-- Sat Apr 04, 2009 5:49 pm --

Actually thinking about labour certification for H-1B isn't as hard to get as for EB-3, but it's still harder than for TN-1 which doesn't have labour certification.

Thanks Steve , so ultimately what you're saying is the best way to try to gain citizenship in the U.S. would be do do the OPT, extend that to a TN, and then apply for the H1B.. How long will I be able to stay .. I want to apply for the Green Card in the meantime.

The best way is OPT then TN-1, and only go to H-1B if you absolutely have to, e.g. your employer is a stickler for the rules and won't put a Canadian address down on the I-140 or for some other reason, e.g. you qualify for H-1B but not TN-1.

TN-1 (if you qualify for it) is miles easier to get than H-1B.

When anyone says to you: "this requires H-1B" what it really means is "you're probably screwed" because of the quota. Even if you completely qualify for it, the odds are you aren't going to get it unless it's quota-exempt (academic institution).

So avoid H-1B if at all possible!

You can theoretically stay in TN-1 forever whereas H-1B is limited to six years, however you have to able to prove every three years that your stay is "temporary" to get TN-1. That can get difficult after awhile, eventually you may run into a CBP guy who doesn't believe you.

Steve,

I thought TN only lasts for 1 year not 3... Also if I do the OPT post gradation can I work in any state or does if have to be the state I studied in? I read on the internet you can also apply for OPT while you are in studying in school... is there a certain limit on the num. of months you can do OPT per year.. I want to do the full 12 months which is allowed post-graduation but if I do some OPT while in school will it be deducted from my 12-months?.. Final question-- my bachelor's degree will be in human services (very similar to social work)... if I get a letter from the school stating that the degree is the equivalent to a social work degree and show it to Border Patrol will it be accepted? Thanks for all the help!

I thought TN only lasts for 1 year not 3...

You can now obtain TNs which are valid for up to 3 years (assuming the job offer letter states this).

Also if I do the OPT post gradation can I work in any state or does if have to be the state I studied in?

You can work in any state on OPT or on a TN. You are not restricted to the state you went to school in.

I read on the internet you can also apply for OPT while you are in studying in school... is there a certain limit on the num. of months you can do OPT per year.. I want to do the full 12 months which is allowed post-graduation but if I do some OPT while in school will it be deducted from my 12-months?..

You can do what's called pre-completion OPT if you are in your final year of schooling. Basically this allows you to work part-time in a job related to what you're studying, however it does use up your 12-month allotment of OPT. So, if you work part-time for 8 months while in school, you will have used 4 months of your 12 months of OPT (it counts part-time jobs as half-time), meaning you would have only 8 months of full-time OPT left.

Final question-- my bachelor's degree will be in human services (very similar to social work)... if I get a letter from the school stating that the degree is the equivalent to a social work degree and show it to Border Patrol will it be accepted? Thanks for all the help!

You don't need a degree in social work to qualify in the social work field. I suppose a letter from the institution might help build the case that your degree is in a related field (which is all that is required for a TN).

Steve,

I thought TN only lasts for 1 year not 3...

It was changed to three years in October.

Also if I do the OPT post gradation can I work in any state or does if have to be the state I studied in?

Any State.

I read on the internet you can also apply for OPT while you are in studying in school... is there a certain limit on the num. of months you can do OPT per year.. I want to do the full 12 months which is allowed post-graduation but if I do some OPT while in school will it be deducted from my 12-months?..

Depends on whether what you're talking about is actually OPT, you can get an EAD for on-campus employment for up to 20 hours a week, but that's not OPT. OPT is post-graduation and that's for a year, but if you start using it (say in an internship) while still in school then you're using it up at that point.

Final question-- my bachelor's degree will be in human services (very similar to social work)... if I get a letter from the school stating that the degree is the equivalent to a social work degree and show it to Border Patrol will it be accepted? Thanks for all the help!

Up to them. Depends on who you get. More evidence the better obviously.