Grey Area on NAFTA list for TN-1? Please Help.

[canamera]

Hi folks,

I have an interview coming up with a film production company in New York as an executive production assistant. Does anyone know if there is any grey area on the listof vocations that qualify for a TN-1? Would I be elligible?

[canamera]

I also have two degrees and was born and raised in Canada. So I fit all the requirements other than what's on the list of jobs.

[Reba]

Well, technically your degree(s) have to match your job description. So if you've got a degree in creative writing, and your job offer is for pyrotechnics, it doesn't match. If you follow.

[canamera]

Thanks for the reply. So I have a degree in psyc and in education. My job will be in film production. Is there any other avenue to take?

[Steven]

We've had this one come up before, it's pretty hard to do it. If you are some outstanding person who works on films you might be able to get O-1.

However the usual method is P-2, you need to talk to the union about it, I'm not sure how you'd get it purely as a production assistant, you can get it say, if you were accompanying someone who was going to be engaged in performances in the US and you were their production assistant. There may be a way of getting it in your situation, this pdf covers the topic pretty comprehensively: http://www.tcg.org/Pdfs/Advocacy/Immigration.pdf

[Reba]

I think in order to get entertainment type visas one has to be known here as well in the industry, and perhaps even already a member of the specific union. At least for actors, one has to have ACTRA membership, and be well known before they'll consider a US work visa.

[canamera]

Now here's another question. My fiance is an American citizen. She is now studying in New York and it sucks being apart so we were hoping I could qualify for a TN-1 and get married at our leisure. What if we got married in the US? How long does it take until I am elligible to work?

[Steven]

Well you can't enter the US in TN-1 or any other non-immigrant category other than K if you are intending on getting married to an American at any point while you are there because you don't have "bona fide non-immigrant intent". You would either need to get married and get a K-3 visa or have her sponsor you on I-130, or you would need to apply for a K-1 fiance visa.

It is possible to adjust status on I-485 if you have entered in some other category, but then you are at the mercy of whether USCIS believes you entered having non-immigrant intent. Lots of people do it, but it's not wise to do it, because you might get a jobsworth reviewing the application who thinks you lied about your intentions when you entered.

The best method (usually) is to get married, and she sponsors you using I-130, as it is the fastest and it eliminates the need to adjust status because you enter as a permanent immigrant so you can start work as soon as you've gotten a social security number.