TN Visa for Accountant

bjtravelling
New Member



Joined: 27 Nov 2007
Posts: 7
Location: British Columbia

Posted: Tue Nov 27, 2007 8:55 am

 

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My husband is an Accountant and also holds a Masters and PhD. He has been employed for the last 20 years as a Vice President Finance at a University here in Canada. A VP Finance requires an Accountancy designation. He has just left his job and is eligible for early retirement. However, as he is only 56, he would like to work for a few years in the US and is being interviewed for both Vice-President Finance positions and President positions in the US. What is the best visa for him to be able to work in the US. Can he accept a VP Finance position, (that would be the position stated in a letter) which always requires an accountancy designation and come into the US on a TN visa as an Accountant working as a VP Finance? What about a President's position - with his PhD, he is qualified to teach. Would it be easier to come in with a TN visa with a teaching position offered? Many universities hire administrators with retreat rights to teach. Any advice would be greatly appreciated. What about an I-129 petition for a non-immigrant worker? It looks as though he would be eligible under an O-1, which suggests an "alien of extraordinary skills in arts, science, EDUCATION, business or athletics". If this would be the best option, how long does this normally take?
Many thanks.

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Christopher G. Rizzo, Esq
CanuckAbroad VIP



Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Tue Nov 27, 2007 2:29 pm

 

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He could get a TN-1 as an accountant or teacher (college/university), if the job duties involve some teaching. The O-1 would not make sense if he could obtain an easier status (like TN). O-1s are very labor-intensive.
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

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bjtravelling
New Member



Joined: 27 Nov 2007
Posts: 7
Location: British Columbia

Posted: Thu Nov 29, 2007 9:38 am

 

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Thanks for your recommendationn for the TN. Do you think the offer letter can state that he is being hired under NAFTA as an Accountant that is a requirement for a VP position. He will not be able to get a job offer saying he is being hired as an accountant. His job offer would say he will be hired as a VP Finance that requires Accountancy designation. Thanks.

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Christopher G. Rizzo, Esq
CanuckAbroad VIP



Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Mon Dec 03, 2007 7:46 am

 

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That's fine and is in fact the way we do it. The job duties determine qualification, not the title.

So for example if you applied for an H-1B as a "medical lab technologist" and the duties were those of a medical lab technician, CIS would deny the petition because the duties are not those of a medical technologist, even though the position is titled as a medical technologist.
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

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bjtravelling
New Member



Joined: 27 Nov 2007
Posts: 7
Location: British Columbia

Posted: Sun Dec 09, 2007 5:13 pm

 

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I understand that the quota has been met for the 2007 and 2008 allotment for the H1-B visas. However, I understand that the education sector is except from the quota. If I am offered the position of President of a Community College next week and they want me to start ASAP in the 2008 year, would this be the visa I would apply for and are my chances of getting this visa for this kind of job good? What time frame would I advise the employer it would take? Should I use the services of a lawyer to expedite this?

If I would not apply for the H1-B, what kind of visa would I require and what is the process?

Many thanks

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