TN Visa

ziggy
New Member



Joined: 20 May 2008
Posts: 2

Posted: Tue May 20, 2008 10:06 am

 

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I'm just beginning my research on US work visas and am hoping someone would be able to provide some advice on the TN visa.

I work in finance and have a bachelors of commerce degree as well as a diploma in financial management. I am also licensed to trade securities for clients in BC. I would like to get some work experience in the US and have some promising leads for positions with a few US investment firms.

When I looked through the NAFTA Schedule of occupations, It doesn't look like any finance occupations are included however, I have heard of people 'massaging' their title's to fit into a category.

I'm confused because it looks like I would not qualify for a TN visa; however, I know of people who work in finance who have been able to successfully obtain a TN visa. If anyone could shed any light on this subject with respect to my scenario, I would be very appreciative. Thank you

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eddycurrents
CanuckAbroad Regular



Joined: 18 Jun 2007
Posts: 42

Posted: Tue May 20, 2008 12:05 pm

 

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The customs agents don't know a commerce degree from a PhD in public sanitation. They go by your employer's offer letter and what is stated in there. You need your employer to give you a title that matches one of the NAFTA classifications *exactly* to make it easier.

Ok I'm being facetious -- customs agents aren't dumb. They will certainly see a clear falsehood. However they can't know (and can't be expected to know) all the jobs and degrees out there. From what I have seen, there is some wiggle room, so long as it is reasonable. Who does what their degree says anyhow? I got my degree in electrical engineering but I do telecom and IT.

It doesn't sound like you have a job offer yet, though. Until you do, you can't get a TN because it starts from the offer letter.

Also, see my comments on the "common mistakes" thread. A TN is great for short term employment. Beyond that, you want to get on the H1B -> green card track if you can.

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ziggy
New Member



Joined: 20 May 2008
Posts: 2

Posted: Tue May 20, 2008 1:35 pm

 

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Thank you for your help! I wasn't sure if the definitions were rigid or somewhat flexible. Sounds like they are a little bit flexible as long as they are within reason. Thanks again.

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Christopher G. Rizzo, Esq
CanuckAbroad VIP



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

Posted: Fri May 23, 2008 9:51 am

 

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Most of the financial professions are not TN eligible and more appropriate for H-1Bs.

From my experience the only occupations which are approvable are accountants and economists. For example, an economic analyst may qualify as a TN economist and a financial analyst may qualify as a TN accountant.

Changing a job title to accommodate eligibility, in bad faith, is fraud and can lead to a criminal charge for the participants.

For example, if you're a financial advisor and the employer support letter calls you an economist, that is fraud because its deceptive enough to rise to fraud. One could argue that a job title is not a material element of a nonimmigrant application, but a U.S. attorney prosecuting you and the employer would probably disagree.

On the other hand, if there is a factual basis for manipulation of the job title, then its not fraud. For example, a programmer-analyst or IT consultant can be called a computer systems analyst because that's what they are. ("A rose by any other name would smell as sweet.")
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

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