Is there such thing as impossible?

Hello, I'm new to this forum, and it has a lot of great information. Thanks!

I do have a pressing question and I have been given an offer as Mgr of Computer Systems Operations and Delivery in the US by a large company.
Mainly I'd have to manage and give insight on how to improve computing delivery processes, and streamline Testing and UAT and also fulfillment. Lots of analysis as well as interfacing with different parties.

However, since I am a Canadian citizen I need a visa. I have 10 yrs experience in an IT company as well as Bachelors of Science in Computing Science. I received an offer because they wanted someone who had lifecycle experience in IT as well as technical knowledge.

THe problem is the legal department does not feel that this role fits into the Nafta's TN Visa role of Computer system analyst because it is not 'purely' technical.

They also feel with the large economic downturn in California that it will be impossible to justify an H1B as to why they'd hire me vs a worker in the US.

Maybe those two arent the right path, I read that management positions may need a visa called L1?

Can someone who has had experience please help? Maybe which type of visa should I really look into? Seems since this is impossible, they want to retract my offer.

As far as a TN goes, I can't say for sure if you would qualify under CSA based on what you've said. Have a look at the OOH entry for CSAs to determine if your job description matches what's listed there. http://www.bls.gov/oco/ocos287.htm

L1 is only an option if you've been working at a company in Canada and are being transferred to their US office (after having worked in the Canadian office for at least a year).

Assuming the TN is not an option for you, I would look into the H1-B option because they have yet to meet the quota (as of July 1st, anyway).

That is very helpful thank you so much!

I am wondering if a role only does part of what a CSA does, is it sufficient to to fulfill the CSA?

Your not a CSA. No matter how you look at it, a TN is not for you. Your legal department is correct. H1B or nothing.

hmmm
h1b, is the justification process very hard due to the economic downturn? maybe things have changed nowadays?

They also feel with the large economic downturn in California that it will be impossible to justify an H1B as to why they'd hire me vs a worker in the US.

Their legal dept. sounds odd to me. First of all, labour certification for H-1B is pretty straightforward, there is no requirement to show that an American worker is not being displaced. There is a bill in Congress right now that will require the full I-140 type labour certification for H-1B.

Second of all, I've got to say that job sure sounds like a systems analyst to me. No systems analyst job I've ever come across is "purely technical", that's nonsense. Typical thing to do in that job is manage and procure software licenses which is basic paperwork, not technical per se. And doing training is common as well. I don't even understand what they mean by "technical", I assume they mean computer-related. Well systems analysts have to monitor systems and do reports for the HR dept. very commonly on user activity, how is doing an HR report "technical".

Bizarre.

As said above, I'd get a copy of the dept. of labor OOH and run that past the HR dept. and legal dept. at this company.

http://www.bls.gov/oco/ocos287.htm

Like it says in there, something they might be expected to do is present financial reports.

can he apply CSA while the title is actually a manager?

can he apply CSA while the title is actually a manager?

I don't see why not. Real life titles and the TN job category titles rarely match up. It's the job description that matters the most (i.e., that it matches up with the OOH).

He is not a CSA. He is a manager. There is a difference. A CSA analyzes data and then suggest to Management what is needed. In this case, he is the Management. This is one of those situations when people bend the job title to match a TN categorie. Its Fraud. The OOH is not law, its merely a guideline. His legal department did their homework and I applaud them for being honest.

"Manager" of computer systems operations doesn't necessarily mean management of people, I've seen lots of system analyst jobs described with "management" in the title, it means managing the analysis and implementation of IT services, for example doing training on the new system you're helping implement. Often systems analyst jobs are described as project managers as well. They're managing a project, not people.

Only his company really knows what it means for sure because they know what the job is but if it were me I'd run the OOH definition past them and get clarification.