TN Visa for Management Positions

[kbhole]

I have an offer for a short-term position with a small internet advertising company. The title in the original job post was "Product Marketing Manager" but, given that this is a small company, I can probably work with them to tailor the offer for a TN Visa.

My questions are:

1) Would a "Product Engineering Manager" qualify under 'Engineer' assuming the job description talks about managing engineers, engineering activities, etc. I have seen an immigration lawyer's website which says it could.

2) Since this is a short-term position (3 - 5 months), might it be better to apply for TN under an "engineering management consultant" or something like that? I've read a lot of posts that the "Management Consultant" designation has caused many people problems.

Any advice would be appreciated.

Ketan

[Steven]

Any job that is principally marketing is tough on TN-1 as there are no TN-1 categories for marketing. The engineer category basically requires an engineering degree, which is a bit of a stretch to a marketing job. Depends on what your qualifications are degree-wise.

It sounds like a marketing consultant job, so you might be able to stretch management consultant to that but the guidance to CBP is pretty comprehensive so it's basically a toss up.

[kbhole]

Thanks Steven. Yes, that was my concern about a marketing-type position. I have a bachelors and masters in engineering, and an MBA. So I was wondering if I could tailor the offer letter to sound more engineering management, where an engineering degree is required and an MBA is preferred. the offer letter would focus more on product development / architecture, play down the marketing-type stuff, as well as the management role.

[Steven]

I find it hard to believe CBP would accept that an engineer is required to work in that position or with a company called that. By "engineer" they mean an engineer as defined in the OOH: http://www.bls.gov/OCO

[lawsrlaws]

HMMMM....I smell fraud again. What you are doing is trying to enter the USA using fraud. There is no TN for Management. You are the reason that honest people have trouble getting a legitimate TN. L1 is for management, not TN's.

-- Sun Jun 28, 2009 8:19 pm --

Sorry if you don't like my answer, but it is the truth.

[Steven]

Well there are lots of categories for management, but TN-1 isn't one of them.

[lawsrlaws]

I agree.

[dannykool]

Thanks Steven. Yes, that was my concern about a marketing-type position. I have a bachelors and masters in engineering, and an MBA. So I was wondering if I could tailor the offer letter to sound more engineering management, where an engineering degree is required and an MBA is preferred. the offer letter would focus more on product development / architecture, play down the marketing-type stuff, as well as the management role.

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I think it is too much of a stretch. There are really no TN possibilities with product manager type positions or any 'Director of Marketing' kind of positions. Tough I know but you can also use the H1B for these positions if the quota is not used up.