Education nothing to do with TN Visa

[craigc1981]

Hi there,

My company has a big job over in the US and we are all getting TN visas under the Scientific Technician. My Degree from University is a B.Comm, nothing to do with my current job. I have 4 years experience and a one week course pertaining to my field. Will I have trouble obtaining my TN visa? I had read on another post that education isn't essential when applying for a Scientific Technician TN Visa.

Thanks

[agnelson]

That is correct. If you had the matching education, you could simply be admitted on TN for that discipline. Sci-Tech covers that, so long as the US person you are working for does have the required qualifications.

You'll all be in the same boat, so let the firm and its lawyers figure this one out for all of you.

[MC]

As AGer points out, your supervisor would have to be a degreed Engineer for the Scientific Technician category and in most cases his/her qualifications would have to be documented in the petitioning letter.

Keep in mind the ST's are a little more difficult to get due to the additional scrutiny both Management Consultants and Scientific Technicians receive at the port of entry. This is due to the fact that there is really no mandatory educational requirement for these categories although in recent years, there were directives issued for the ST category specifying at least 2 years of college.

The fact that you have a degree is going to go very much in your favor but as Nelson hints at, having a lawyer to write a petitioning letter would be a very wise decision especially for this category.

[craigc1981]

Sounds like the companies lawyer doesnt think I will get a TN. I think they are going to look at an L1B for me. Everyone else is getting theres fine, we are going under someone with proper qualification.

Now to research the L1B.

[MC]

There may be some inherent advantages in pursuing the L-1 over the TN-1 including the dual-status implied by definition allowing for possible immigration to the U.S. There are many examples in the past along the Toronto – Niagara Falls ports of would be TN beneficiaries routinely being denied entry due to displaying immigrant intent, including marriage to American citizens.

In contrast, TN does not allow for this and even though the recession has been declared over, the U.S. unemployment rate has yet to peak. Thus showing any kind of immigrant intent while attempting a TN would likely result in a denial in this kind of environment. Thus investigating the L-1 may be advantageous over the TN.

That might be starting to change again after reading the article located at: http://www.americanlaw.com/immigrationblog/?p=33

If the U.S. economy ever catches fire again and starts cranking out some really good job creation, the way TN’s are interpreted might begin to change at the various ports.

[Mohawk555]

Hello

Based on this forum, I am gathering that education has nothing to do with gaining TN visa status. I have a college diploma in Social Services. Would I be eligible for a TN visa in the Social Work field (which, from my understanding requires a university degree)?

-- Sat Nov 21, 2009 12:49 pm --

Hello

Based on this forum, I am gathering that education has nothing to do with gaining TN visa status. I have a college diploma in Social Services. Would I be eligible for a TN visa in the Social Work field (which, from my understanding requires a university degree)?

[agnelson]

Huh? Education has almost everything to do with TN. Even categories that don't require a related degree, require a related diploma and experience.

There are only a few categories that don't require any formal education: Forester, Dieticina, management consultant, Scientific Tech.

Soc worker must have related degree; no option for diploma plus experience.

Sorry.

[Junoon123]

Keep in mind the ST's are a little more difficult to get due to the additional scrutiny both Management Consultants and Scientific Technicians receive at the port of entry.

Ok i have always heard how difficult it is to get a MC, especially from these boards, i think its the same with every category until the case itself is fraudulent.

I got my 4th MC TN this time for 3 years same company no questions asked like always. One could say i got lucky but how do you get lucky 4 times in 4 years with 4 different officers?

Make sure your papers are in order, make sure your degrees are original, make sure your letter is solid.