So confused! Please help with advice/suggestions

[Sholezard]

Hi there,

My husband and I will be moving to the States in a year's time. He will most likely apply for the J1 visa, since he will be a sponsored physician. I'm confused as to what type of visa I'm supposed to apply for. If my company is able to transfer me to their US counterpart, I can apply for the L1. But if they don't, I'd have to find a job. Would I then apply for a TN? I'm currently working as a Management consultant and I understandthat although the job is under the NAFTA agreement, it's also a "scrutinized" job. Can anyone shed some light on this?

Do I have other visa options? If I go as a J2 (spouse of sponsored J1 visa holder) I will have to apply for a work permit, which may take ages.

Any suggestions would be greatly appreciated.

[agnelson]

J2 dependant status comes with the right to an EAD which is an all-encompassing work authorization, so that should be better than TN. It would not take that long to get EAD (2-3 months). You could get TN in the interim if you prefer.

If you could get L1, this would also be fine and as quick as TN, except that it would be limited to the US sister firm. Also, the fact that you are now a management consultant, might make the granting of an L1 tricky; MCs are typically short-term suprnumerary workers, so CBP might (I say might) balk at considering you a true transferee. Just something to investigate.

[Steven]

First of all you don't need a visa, he needs the DS-2019 and applies at the POE for J-1 status. You would get J-2 with proof you're married, if you have the same last name your passports are usually sufficient.

When you get to the US, apply for work authorization by filing I-765.

Management consultant isn't difficult under TN-1 provided you actually are one, because it's heavily abused.

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.