F-1 Visa on OPT applying for TN Visa

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cltangNew Member
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Posts: 1
Joined: 1 Apr 2009

F-1 Visa on OPT applying for TN Visa

Post Wed Apr 01, 2009 9:44 am

Hi,

I graduated from a good 4 year university in Boston on an F-1 Student visa last year. I have been working with a US consulting firm for the last 10 months and that is my ONLY work experience.

I have no permanent residence anywhere in the world (I lived in Canada until I was six and moved around the world with family until I went to college). The closest thing I would have to ties are relatives from Canada (grandma, aunts etc.).
My company would like me to continue working with them and I have been asked to apply for a TN visa under the Consultant category. I have a couple of questions:

1) Can I list my experience working under OPT with the same company that I am seeking a TN visa with? Should I be clear that I was on OPT but wish to switch to a TN visa? I am trying to come across as the most qualified candidate possible but don't know if my limited experience will hurt me.

2) How can I prove that I have no intention of staying even though I do not own any property in Canada, have no job offer in Canada, or any sort of monetary ties. My parents live in Singapore and that is where I usually go "home" but I do not have any form of residency there either. Should I claim that I will move back with my grandma!?

3) How much will my lack of experience hurt my chances of getting the TN visa? How can i best mitigate this risk?

Thanks for all your help!
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StevenCanuckAbroad VIP
Posts: 3635
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Joined: 28 Sep 2007
Location: Calgary

Re: F-1 Visa on OPT applying for TN Visa

Post Wed Apr 01, 2009 10:28 am

1) are you talking about to CBP? No-one will really care as long as you were legally in the country, at least as far as your resumé goes. I wouldn't mention OPT unless asked. CBP will have it in their records and there's no requirement to declare it to any employer as per the EEOA.

2) TN-1 status requires your stay to be "temporary", it doesn't require an abode abroad but you must be able to demonstrate an intent to leave when the term of employment ends. In your situation it's going to be hard to do as it doesn't sound as though you intend your stay to be temporary and you have no evidence of any ties abroad. Really it boils down to who you get at the POE who deals with your application, although as you're already legally in the US, you do have the option of the employer filing an I-129 for you. But even then USCIS will still want evidence the stay is temporary.

3) From the sounds of it you don't stand much chance of getting the "management consultant" category, this is what it says in the CBP manual:

Management consultants provide services which are directed toward improving the managerial, operating, and economic performance of public and private entities by analyzing and resolving strategic and operating problems and thereby improving the entity’s goals, objectives, policies, strategies, administration, organization, and operation. Management consultants are usually independent contractors or employees of consulting firms under contracts to U.S. entities. They may be salaried employees of the U.S. entities to which they are providing services only when they are not assuming existing positions or filling newly created positions. As a salaried employee of such a U.S. entity, they may only fill supernumerary temporary positions. On the other hand, if the employer is a U.S. management consulting firm, the employee may be coming temporarily to fill a permanent position. Canadian or Mexican citizens may qualify as management consultants by holding a Baccalaureate or Licenciatura degree or by having five years of experience in a specialty related to the consulting agreement.
Steve.
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