TN Visa Question - Marketing

Hi,

I am located in Canada working for a large U.S. Conglomerate (over 1 year) that operates globally. I had applied to a job in California that relates to Marketing - digital marketing etc., I have a degree in information technology Management with a major in Digital media. I was wondering, could I be eligible, if I obtain a job offer and a letter from the employer, for a TN visa?

Thanks

You wouldn't qualify for a TN since marketing jobs aren't on the job series list. If your company has offices in the US you could get an L-1, which is for intracompany transferees.

Marketing jobs aren't really possible on TN-1, unless you can find a way to fit into Systems Analyst or Scientific Technician given your qualifications but it sounds like a long shot from your description.

The H-1B quota hasn't been hit yet for this year, so that would be the one to go for, but it does require significant effort on the part of the employer to get it for you. And I doubt the quota is going to take that much longer to fill up, how long is hard to say though.

Is an L1 any possiblity ? granted that I am a recent grad but I have about 5 yrs exp, and one year with the company(current).

Is an L1 any possiblity ? granted that I am a recent grad but I have about 5 yrs exp, and one year with the company(current).

A "specialized knowledge" L-1 is a possibility. Like the TN, you can apply for the L-1 at a POE.

Would obtaining legal advice make any difference ? For instance, Im under the impression that since certain lawyers are dealing with Immigration related issues pertaining to U.S. work related visas, that they would know of the border agents involved in the process, thus giving an individual using their services a distinct advantage ??

Correct me if I am wrong..
Thanks

Would obtaining legal advice make any difference ?

I don't think it's necessary as long as you do your research, get your paperwork ready, etc. Why pay exorbitant legal fees when you can do everything yourself? However, many large companies have lawyers they use for immigration issues -- talk to your HR people about it.

Is an L1 any possiblity ? granted that I am a recent grad but I have about 5 yrs exp, and one year with the company(current).

If you're transferring then yes. L-1B requires "specialized knowledge" but that means bespoke knowledge about the company that an outsider wouldn't have, it doesn't mean you have a degree.

These are the regs: http://www.uscis.gov/propub/DocView/afmid/1/124/126

I think L visas granted for specialized knowledge are usually granted only if you've been with the company several years. I don't know that less than one year experience with the particular company would be considered "specialized knowledge", unless you wrote their in-house software for them or something. But then you'd have to be looking for an IT position that matches your specialized knowledge, not a marketing position.

And no, a lawyer is not necessary for an L1B transfer, unless the company already has one on staff or retainer who takes care of any immigration issues.