TN Visa Question

Dan27
Junior Member



Joined: 08 Nov 2007
Posts: 10
Location: Toronto

Posted: Thu Nov 08, 2007 7:10 pm

 

---

Hi Everyone,

This site is fantastic and I am excited to find people out there with similar questions and concerns.

I own a small surf travel/tour company in Toronto (2 years old) that specializes in beginner surfing trips. I have recently been considered for a position with a surf-travel company in Los Angeles. The company owner of this surf Travel Company in L.A is building a new department within and wants me to help market,implement,manage and run it.

This L.A company specializes in surfing trips for experienced surfers. The owner wants to begin offering beginner surf packages to his clients and thus wants to ad a 'beginner surf secion' to his company. He wants me to be in charge of this.

I have a Certificate in Management from University (not a degree) and 2 years of direct experience with my company.

I could go the J-1 route and get a visa for 18 months and then see if I could switch over to an H visa. My question is:

Is there any category under the TN visa that I may fit into? Any inside info that anyone could offer me?
Would this fall under Management Consultant by any chance?

Any help would be great!
Mahalo,
Dan

---

Vicky
New Member



Joined: 07 Nov 2007
Posts: 4
Location: Ontario

Posted: Fri Nov 09, 2007 9:19 am

 

---

To be considered a Management Consultant you need a degree or 5 years experience as a management consultant. Immigration is strict especially on management consultants. You will definitely need these minimum requirements.

I am not sure exactly how the J1 works but you must be a 'student, scholar, trainee, teacher, professor, research assistant, medical graduate or international visitor.'

---

Dan27
Junior Member



Joined: 08 Nov 2007
Posts: 10
Location: Toronto

Posted: Fri Nov 09, 2007 11:12 am

 

---

Thanks for your msg Vicky.
I'm not concerned about the J-1 issue as I am a recently out of University and I could qualify for the J1 as 'trainee'

I was wondering if there is any hidden category under the TN visa that I may qualify for.

Dan

---

Christopher G. Rizzo, Esq
CanuckAbroad VIP



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

Posted: Sat Nov 10, 2007 11:57 am

 

---

There is no TN profession which matches your offered position and you cannot get an H-1B as a manager.

I don't know how you would obtain a J-1 either. Is the company setup as a J sponsor?

The company can always sponsor you for a green card. Look into an O-1 if you have extraordinary ability in your field.

Applying as a management consultant for that position would probably get you barred for 5 years at a strict Port of Entry.
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

---

Dan27
Junior Member



Joined: 08 Nov 2007
Posts: 10
Location: Toronto

Posted: Sat Nov 10, 2007 3:15 pm

 

---

I've looked into the J-1 Visa option as a "trainee"
This would be good for up to 18 months.

There are certain programs that sponsor J1 visas
and ive confirmed my qualifications.

It is expensive though about $3000 for 18 months.

How does the O-1 work?

thanks very much for your advice.

---

Christopher G. Rizzo, Esq
CanuckAbroad VIP



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

Posted: Mon Nov 12, 2007 6:43 am

 

---

You need to prove that you're in the top 1% of your field. The regs are pretty straightforward, you need to prove 3 of the following:

(1) Documentation of the alien's receipt of nationally or internationally recognized prizes or awards for excellence in the field
of endeavor;

(2) Documentation of the alien's membership in associations in the
field for which classification is sought, which require outstanding
achievements of their members, as judged by recognized national or
international experts in their disciplines or fields;

(3) Published material in professional or major trade publications
or major media about the alien, relating to the alien's work in the
field for which classification is sought, which shall include the title,
date, and author of such published material, and any necessary
translation;

(4) Evidence of the alien's participation on a panel, or
individually, as a judge of the work of others in the same or in an
allied field of specialization to that for which classification is
sought;

(5) Evidence of the alien's original scientific, scholarly, or
business-related contributions of major significance in the field;

(6) Evidence of the alien's authorship of scholarly articles in the
field, in professional journals, or other major media;

(7) Evidence that the alien has been employed in a critical or
essential capacity for organizations and establishments that have a
distinguished reputation;

(8) Evidence that the alien has either commanded a high salary or
will command a high salary or other remuneration for services, evidenced
by contracts or other reliable evidence.
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

---

Dan27
Junior Member



Joined: 08 Nov 2007
Posts: 10
Location: Toronto

Posted: Mon Nov 12, 2007 9:58 am

 

---

Thanks for your help.

Dan

---

LUCKY
New Member


A Canadian in America

Joined: 08 Jun 2008
Posts: 5
Location: New York, NY

Posted: Wed Jun 11, 2008 9:07 am

 

---

Hi All,

I'm new to the forum and am finding this a wonderful plethora of info. My question is, I am in the United States on an O-1 Visa (I'm an actor) and was wondering
A) Is it legal for me to work outside my field
B) Is it legal for me to work within my field but for an employer other than my sponsor
C) How difficult is it to get a Green Card once this Visa expires?

I had a very harrowing experience at the U.S. border as I was told by the customs officer that I could not work for any other employee; that I would be under thorough investigation and banned from the country if I did; and also that I could not have legal representation at the border. Of course, we all have our days, but this officer was atrocious (she even confiscated my phone). I've been wary since, and have contact my lawyer but have not heard from her yet. Any information would be greatly appreciated.

Thank you in advance,

(not so) Lucky

---