TN or H1 visa for my job???

I have a M.Sc. in biochemistry, but my current job title has nothing to do with with the degree (my current title is Clinical Data Manager), even tho the position usually asks for candidates with a science background. I do understand that the title "Biochemist" is under NAFTA Appendix 1603.D.1, but I cannot seem to find a title that fits my current description. I have been receiving few calls from potential employers and they all ask me if i'm eligible to work in the states. I told them I either have to get employer sponsor or I can apply for the visa myself as long as I get the employment letter from them. Here is the question, am I looking for a TN visa or a H1 visa regarding my position? Any help is greatly appreciated!

Your position sounds like an H1B given the job title doesn't fit under one of the NAFTA professions.

Now with the H1B, be prepared for your typical "We don't sponsor or we don't do that here" type of responses because a lot of that is going around given the state of the economy. The fees for an H1B are costly and a lot of employers aren't willing to spend that kind of dough on a non-resident/citizen when they can just hire somebody who is able to work in the U.S. without any employment restrictions.

ouch~ thanks a lot for the news though~!

Is there someone from the US department I can perhaps call to clarify if the position is qualified for TN or is only restricted to H1B?

Unfortunately, TNs are strictly available for the professions listed and described in the NAFTA agreeement. If your job title and tasks do not match the NAFTA description VERY closely, you will be rejected at the US border when you go request the TN. I would certainly NOT recommend applying for a TN without being sure that your job is within the NAFTA schedule and you have the proper credentials... So you can either look for a job that is on the NAFTA schedule or keep trying for a H1.

In the science field which you are in, you can sometimes get lucky and find an employer wiling to sponsor you. So keep trying if you're really set on working in the US. It might take longer but dont give up.

Alternatively, you could get a job in Canada for a company that has offices in the US and after a year of being at the Canadian branch, you could ask them to transfer you. You'd be looking at an L-1.

Hope this helps!

Will it be possible for the employer to change the job title and the description of the job? I don't really see any companies that are willing to do that.

When you say "sponsor", is that still a TN visa you're referring to? or is it H1B visa?

Will it be possible for the employer to change the job title and the description of the job? I don't really see any companies that are willing to do that.

You're kidding right? If the company does this, they will be fined. If immigration finds out in any way you were a part of it, you will be barred. So get that out of your head right now.. C'mon, shake it aaaalll out!!

Sponsorship is usually directed towards a visa other than a TN.

LOL~ ok, it's completely out now
The question was out of desparation, HA! You caught me, Dremani!

Can someone enlighten me the difference between sponsored visa vs TN or H1? i thought when a company sponsors a visa, we're just talking about a regular TN. Or is TN only applicable if the employee applies on his/her own? (i guess that goes for H1 as well?)

A sponsored visa such as an H1, L-1, EB1,2, or 3.. etc. is when the employer petitions for you to work for their company for a salary, under a prevailing wage based on a specialty occupation you have credentials for. They more than likely hired you because they couldn't find an American who fit the requirements. They have to go through a step by step process to hire you (Labour certification, I-129 form..etc) and pay fees which are expensive. This means they really need you to work for them because you are the right candidate for the position.

A TN visa is for a company that hires you under a profession under NAFTA. By them hiring you under a TN, they are simply writing a letter to immigration requesting they employ you for three years providing you have the credentials they need and what is required of immigration. An employee cannot apply for their own TN. They pay no fees and don't have to prove they are displacing American workers by offering you a position. The position must be closely related to that of what is described in the Ooh handbook.

Thanx a lot, Dremani!

You just broke my dream of moving down there now, LOL

No. Not exactly.

You have a Master's which can go a long way in the U.S. with the right connections. You could teach in a college and get a TN as a professor or work as a research assistant in a University... If you limit your options, then of course you're going to have a difficult time. So explore your options and work your degree until an employer notices. Try states that have a high number of job openings such as NY, Illinois, Massecheusets.. (I think I spelt Mass...wrong).. or even Texas. California, maybe or maybe not. Don't be in such a hurry to leave Canada until you've found the right employer who is willing to give you a shot.

Or you could take toronto's.. advice and do the L-1 transfer to the states through your current employer in Canada.