TN Visa Questions: Recent Science Graduate

Hi Everyone, I really need some help with regards to the TN visa category for Canadians.

I have a job offer in NYC and I am ready to move as soon as I graduate. I will finish my last exam of my BSc. degree in 2 weeks, then I am ready to go! I have lived in worked in NYC before, and I had a 4 month J-1 visa that is designed for students when I was there last summer.

As a science student it seeems that the only professions that apply to me are "research assistant" and "biologist." The position I have been offered is with a technology startup company, and I will be serving in an operations/project management type role... however I think this could be reworded to be more applicable to the research assistant category. The company is also involved in creating medical devices so it is definately related to science. The company is part of an incubator, which is part of a university. The research assistant category requires that you are hired by a post-secondary educational institution... so would it be acceptable if the incubator writes a letter to say that the company is part of the university's incubator. Would that count?

Any information/advice would be greatly appreciated. I am very confused about what to do. I know that my other options would be the H1B visa, but those are very limited and take a lot longer to process. Also I could go on another J-1 under a internship or trainee category, which can give you a visa for up to 18 months, however that costs over $2000!

Thank you!!

My understanding is that to qualify for a TN under the research assistant category, you have to actually be directly employed by the academic institution. I don't think it counts if the company you work for is housed in an incubator run by a university, since you are not directly working for the university.

You might qualify as a scientific technician. Here is a link for more information: http://www.naftatnlawyer.com/nafta-tn-s ... echnician/

Any information/advice would be greatly appreciated. I am very confused about what to do. I know that my other options would be the H1B visa, but those are very limited and take a lot longer to process. Also I could go on another J-1 under a internship or trainee category, which can give you a visa for up to 18 months, however that costs over $2000!

In the previous 2 or 3 years, the H1B's have typically gone the first day and competition was fierce from around the world. However, 2009 is turning out to be an exception to the rule.

It is not too difficult to see why. The U.S. economy has contracted 500,000 or more jobs the last consecutive five months. January's losses were revised upwards showing 741,000 jobs lost, these are just incredible numbers! Presumably, there are fewer H1B petitioners and fewer H1B positions.

There have been @ 45,000 H1B petitions received thus far and technically speaking there are H1B's still available.