TN Visa Question/Degree Vs. NAFTA Job Title

[bstengele]

Hello!

I am a university graduate (Classical Studies) who works in Canada as a wilderness professional (I teach outdoor education to both adults and children through my own company as well as the college system). I also hold a 3 yr diploma in Business Administration and have several cert. in my field. I recently received a job offer as a field instructor with a wilderness therapy school in the US, and am unsure how to proceed. My degree is totally unrelated to my current field but I have 12 years combined experience. I also have 5+ years experience in non-profit as a consultant, particularly in business development and strategy. Can I qualify for a TN Visa? I have considered consulting with an immigration lawyer to determine my options, but thought it best to try here first.

After looking at the NAFTA Job Title list, I do see that recreational therapist and management consultant are listed as options. Again, I may qualify under the latter with my experience levels, but am unsure if its actually possible. Are there other options to entry? What might they be and how long will they take? Do I need to have TN status or otherwise to go to the job field evaluation? (a condition of employment.)

What would be the approx. cost if I hire a lawyer?

Any help/advice is much appreciated!

[Steven]

"Management consultant" is very narrowly interpreted by USCIS, various threads on here that deal with it. I'd suggest going with recreational therapist if you can.

You don't need a lawyer, but the employer needs to give you a job offer letter detailing what the job is and why you are qualified for it and how long they need you (3 years max.)

You need some sort of work authorization to engage in nearly any kind of employment in the US, even if it's unpaid. The only very limited exceptions I'm aware of are for public speakers who are VIPs giving up to three speeches as a B-2 visitor and also volunteer work that is typically unpaid.

[bstengele]

Thanks Steven!

One other question: When I receive the job offer, will it raise flags when I apply for my TN status since my degree is not in recreational therapy or a related field?

[Steven]

The CFR isn't terribly clear on that one, people on here have gotten in with experience and say, a BA in Business Administration but it depends on what the FTO thinks really when you show him the job offer letter. So plenty of detail in there as to why you are the person for the job listing your experience. It does specifically say BA degree or equivalent though for either Management Consultant or Recreational Therapist.