TN Management Consultant VISA Revoked due to corp structure

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MCCanuckAbroad VIP
Posts: 364
Joined: 25 Nov 2008

Re: TN Management Consultant VISA Revoked due to corp structure

Post Mon Sep 28, 2009 7:16 pm

How come lawsrlaws you are not right on with all of your posts? You work for the DHS and will accept a 3-Year Bachelor's degree for admission into the U.S. under TN. I would say that you are dead wrong and an embarrassment to CBP because you don't even know or are aware of the educational criteria required.
MC
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DremaniCanuckAbroad VIP
Posts: 307
Joined: 10 May 2009

Re: TN Management Consultant VISA Revoked due to corp structure

Post Mon Sep 28, 2009 7:59 pm

MC wrote: You work for the DHS and will accept a 3-Year Bachelor's degree for admission into the U.S. under TN


MC, if you have a moment can you please cite a source and NOT from a lawyer but from a U.S. government source where it says that a 3 year Bachelor Degree cannot get a TN. This is categorically not true.

A Bachelor Degree is a Bachelor Degree where getting the TN is concerned if its coming from Canada. If it's an 18 month online Bachelor degree, it would still be acceptable as proof of educational requirements. You are confusing this with the H1B which requires a 4 year Bachelor Degree in order to gain this visa. In no way am I discrediting how much your lawyer knows but in this instance he was misinformed.

I know quite a few Canadians who succesfully gained their TN with a 3 year Bachelor Degree. Were the CBP officers that granted them their TN status not knowledgable too?
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agnelsonCanuckAbroad VIP
Posts: 2865
Topics: 1
Joined: 26 Aug 2009

Re: TN Management Consultant VISA Revoked due to corp structure

Post Tue Sep 29, 2009 7:30 am

MC wrote:How come lawsrlaws you are not right on with all of your posts? You work for the DHS and will accept a 3-Year Bachelor's degree for admission into the U.S. under TN. I would say that you are dead wrong and an embarrassment to CBP because you don't even know or are aware of the educational criteria required.


MC, I'm afraid you are the one that's out of step here. Bachelor's degree is the criteria. Period.

Knowing of a case where someone (likey with an unrelated degree) got turnd back does not invalidate the treaty and it intent, which was to provide simple access for professionals from ALL THREE countries. Thus a Bach Degree from US/Can/Mexico are all equal, because the treaty says so.

If, as you say, Grade 13 from Ontario was so important, I guess Ontario Ministry of Education should have negociated the treaty instead of Foreign Affairs Canada.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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DremaniCanuckAbroad VIP
Posts: 307
Joined: 10 May 2009

Re: TN Management Consultant VISA Revoked due to corp structure

Post Tue Sep 29, 2009 8:46 am

Agnelson,

You mentioned through the treaty between Can, US and Mexico that the Bachelor degree is equal. So my question is, would a 3 year bachelor from Canada be acceptable as educational requirements toward the H1B?
Because to my recollection and from research, a 4 year Bachelor is what is required for the H1B regardless of the country.

After you mentioned that I got a tiny bit confused :P
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agnelsonCanuckAbroad VIP
Posts: 2865
Topics: 1
Joined: 26 Aug 2009

Re: TN Management Consultant VISA Revoked due to corp structure

Post Tue Sep 29, 2009 8:58 am

For most other statuses which have educational pre-requisites, CIS (remember TN is the only one that CBP has a part in), including H1 typically requires that non-US education to be foprmally equivalenced.

TN has no such requirement, partly due to the trilateral spirit of the and partly because CBP is not equipped to make such determinations (sorry lawsr -- bad enough you have to make determinations on non-related degrees). Thus they are instructed to accept bachelors degee from Canada and Mexicao as just that.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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Junoon123CanuckAbroad Regular
Posts: 55
Topics: 1
Joined: 28 Nov 2007

Re: TN Management Consultant VISA Revoked due to corp structure

Post Tue Sep 29, 2009 12:19 pm

Just to add, a friend of mine is a Canadian Grad 3 years BA and got his TN visa about 4 months ago. He didn't had any 4 year degree he told me they just took my papers and came back with a TN
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lawsrlawsCanuckAbroad VIP
Posts: 211
Joined: 28 Jun 2009

Re: TN Management Consultant VISA Revoked due to corp structure

Post Tue Sep 29, 2009 4:35 pm

MC wrote:How come lawsrlaws you are not right on with all of your posts? You work for the DHS and will accept a 3-Year Bachelor's degree for admission into the U.S. under TN. I would say that you are dead wrong and an embarrassment to CBP because you don't even know or are aware of the educational criteria required.


Yes, i'm an embarrassment.

NAFTA clearly states that we accept all Bachelors degrees from approved accredited schools in Canada. It however does not leave out 3 year degrees. The three yaer degrees from the accredited colleges are equivilent to the Four year degrees. You should probably sit down and read the NAFTA agreement before you try to belittle me. You have made yourself look like a complete ass. I don't attack people on this site, i try to steer them in the right direction. As of lately this site has become more of an argueing grounds where everyone wants to out-do the next guy to show he/she is smarter. I could care less. I don't know why you need to throw shit at me but, if it makes you feel better, have at it. I don't get paid to come here and help.
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DremaniCanuckAbroad VIP
Posts: 307
Joined: 10 May 2009

Re: TN Management Consultant VISA Revoked due to corp structure

Post Tue Sep 29, 2009 5:04 pm

Lawsrlaws wrote:
As of lately this site has become more of an argueing grounds where everyone wants to out-do the next guy to show he/she is smarter.


I can't say I disagree on this one, but I pledged I wouldn't go there again so on that note...

I think we need a fan on this forum. It's gettin' a tad hot up in here...lol

But in all seriousness, I've always appreciated your comments lawsr.. even when you're blunt. :P
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Junoon123CanuckAbroad Regular
Posts: 55
Topics: 1
Joined: 28 Nov 2007

Re: TN Management Consultant VISA Revoked due to corp structure

Post Tue Sep 29, 2009 8:25 pm

Dremani
But in all seriousness, I've always appreciated your comments lawsr.. even when you're blunt.


I second this
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GoldisRisingCanuckAbroad Regular
Posts: 30
Joined: 27 Aug 2009

Re: TN Management Consultant VISA Revoked due to corp structure

Post Wed Sep 30, 2009 8:14 am

I third it, laws.. and Steven both have been extremely helpful

Thanks for all your help
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