Entertainment Industry Professional

Hi there,

I have a rather unique situation. I was wondering if any of you can help me. I've read through the threads several times and nothing quite matches my situation, so without further adieu, here it is:

I graduated in Canada with a 2 year certificate in film/tv production. After working in the Canadian film industry for a year, I enrolled in a 2 year certificate program at a University, via an f1. On my F1 I was able to secure CPT employment via a paid internship at an established film studio. Overall I have a year experience working for a large US film studio in an administrative capability. I just received my OPT (which expires in June of 2009), and I've been hired by another film studio. I hope to stay beyond my OPT. So in total, for my filling process for next year, I'll have 2 2 year certificates as well as 2 years practical experience, (3 if you count Canada).

As some of you may know, standard Hollywood entry-level jobs are called "assistants" which is basically an executive in training. Technically, it's an administrative job. Since it would be difficult to get a labor certificate (competition for Hollywood level jobs are uber fierce). What are my options for remaining in the US?

-Is the TN an option at all?

-Would H1B be an option? (I've read throughout this forum that they are a lottery now and fill up quickly and are for mostly professional level jobs which require BAs)

-If the company has an office in Canada, can I be hired there and transferred back here, with an L1 (I've read that you must be employed with the company one year prior, does it count if it's in the US?)

-It could be said that my job duties include evaluating screenplays that could be in Canadian French, thus requiring somebody who is fluent in both to read and analyze them. Also, I have knowledge of the Canadian film tax and incentive program, which I obtained from my education and work, could these "skills" be justified in securing labor certification.

-I luckily come from a wealthy family, with millions in real estate. Could one of my parents use one of their assets as collateral for an investment in a film/tv production company (for the EB5 greencard), which I could manage, while working at a studio?

I know my situation is kinda unique due to my educational background, experience and industry.

Thanks in advance for any possible help!

I don't think TN-1 is an option from the sounds of it, neither is H-1B. L-1B requires you to work outside the US for the same company (or affiliated company) for at least a year.

The specialized skills you have would help with the labour certification as I suspect it would be hard to find someone locally to do the job. However labour certification isn't going to help you if you don't meet the other requirements, although there is a small chance you might qualify for O-1.

It would help you with EB-3 immigration I guess, but that takes three years to get and you've only got a year. Doesn't sound like enough to get EB-2 but I suppose it depends on how many friends you've made in the industry who are willing to write you glowing letters. O-1 and EB-2 are fairly similar, one is a visa for temporary entry, the other one is for permanent residence.

If you've got large assets then EB-5 might be the best option, you might want to try for the immigrant investor center program. Essentially you give $500,000 to an "investor center" and you get permanent residence in return. They keep the money for six years and then return it to you with a small amount of interest (usually around the inflation rate).

The program expires in a few months time, there are only 5,000 visas alloted under it for this financial year (USCIS FY) which ends in September, not sure if there are any visas left. There is a Bill in Congress to renew the program for 20 years, but there will only be 3,000 visas available under it if they renew it. Not sure if they're going to keep the investment amount the same either.

It's not a quick process (never is) but it's probably the quickest of the available options you have.

Why is H1B not an option? Is it not specialized enough to qualify?

I was thinking an EB5 for next year's fiscal year, as my OPT will expire around that time. We'll see what happens.

H1Bs are all gone for this year. You'd have to wait til next year to be able to apply.

I want to apply for next year, but I still want the investor EB-5 visa.

Actually the problem with H-1B is that you don't have a BA or equivalent and the job doesn't require it. You might make it with the experience but having two associate degree equivalents doesn't equal a BA necessarily.

H-1B is a crap shoot anyway, you can't apply until the new FY starts for USCIS in October, and it wouldn't be granted (even if you could get it) until the following year. Your odds of getting one without a Master's is around 1 in 3.

EB-5 makes more sense as there is no labour certification and it gives you LPR status, on the other hand, there are only 5,000 visas available although my understanding is that the quota for FY2007-08 is not full yet (although it might be, you need to check).

H-1B sounds like a waste of time to me if you can do EB-5.

Given that the legislation renewing the program hasn't become law yet, you need to move quick if you want to do it that way.