Lawyer/Reporter TN Visa (or H1B)

[venusangel]

I am a Canadian licensed lawyer with a Canadian JD and a post-grad certificate in broadcast journalism.

I'm being offered employment in a US company as a reporter. Which visa should I go for? I can't apply for the I media visa because that is restricted to foreign reporters. It doesn't apply to reporters working for an American company and reporting to an American audience.

My other options are the TN and H1B.

Reporter is not one of the listed professions eligible for a TN, but lawyer is. Essentially, the reporter job I'm being given would require me to apply legal knowledge. If my employer offers me a contract stating "lawyer/reporter" as the position being offered, would this be sufficient to meet TN eligibility in terms of profession?

If not, will I be eligible for the H1B? I do not have a bachelors degree in journalism, only a post-graduate certificate and about a year of experience. The only other thing I can think of is to ask my employer to make it abundantly clear that I am being hired in my capacity as a lawyer who will do reporting, as I do have a law degree at least.

But even if I ask my employer to hire me as a "lawyer", I will not actually be practicing law in the traditional sense. I will be espousing legal knowledge for television. Will this be sufficient to qualify me as a lawyer when applying for an H1B?

[Reba]

Which country did you get your law degree? Canada or the US? If you apply for a TN as a lawyer based on a Canadian degree, they may deny it because the laws are somewhat different in each country, so a degree from one would not necessarily make you knowledgeable about the laws in the other. If you follow.

You might want to check out the www.TNVisaExpert.com website they may have some insight.

[venusangel]

Thanks Reba. It is a Canadian JD, meaning a Canadian degree.

From what I've researched, an applicant for TN visa status does not need to possess a state license prior to applying for a TN provided he or she otherwise meets the credential requirements of NAFTA.

In order to qualify for TN visa status under the Lawyer category, an applicant must possess one of the following:

1. Bachelor of Laws degree (L.L.B.);

2. Juris Doctor degree (J.D.);

3. Civil Law degree (L.L.L.);

4. Bachelor of Civil Law degree (B.C.L.);

5. Licenciatura degree (five years); or

6. Membership in a state / provincial bar.

As long as you possess one of these credentials, you may qualify for a TN as a Lawyer. I possess a Canadian JD. You do not need to possess a state license or bar membership prior to securing the TN if you possess one of the other credentials listed. The Department of Homeland Security has specifically stated that "[i]n no case is a license required by the prospective Canadian TN as the absolute primary documentary requirement for entry." 69 FR 60939, 60940 (Oct. 13, 2004).

So....

My question is, can I be eligible under the "lawyer" category even if I will not actually be practicing law in the traditional sense? I will be espousing legal knowledge for television. How strict is the lawyer category defined?

[Steven]

The CBP manual says a Canadian JD can be admitted because they could be offering legal advice on Canadian law for example to a US company.

However you're actually going as a reporter so it boils down to what it says in your job offer letter. If it says you're a lawyer and they want a lawyer, then you shouldn't have a problem. If it says you're a reporter and they want a reporter, expect to get denied. It's that simple really.

If it's some sort of mix of verbiage then it's down to the opinion of the inspecting officer.

[venusangel]

Awesome! Thanks Steve.