Unique employment situation..is there a visa for this?

[Wendy Jenae]

Hey guys!

I have searched the forum and can't seem to find anyone who has a situation similar to mine.

I'm hoping someone can give me some visa-related advice.

For the past two years, I've been working as a virtual assistant for a small American marketing company. I do everything from copywriting to project management to Web design to video editing to customer service. The owner of the company is wanting to expand and would like me to move to the US for a year to work with him to be physically present for meetings and overseeing bigger projects he has planned.

The thing is, I have no idea which visa I would need to apply for to be able to make this happen. (If it would be possible at all.) I looked at the TN visa requirements. I don't fit into any of those occupations. Are the only people allowed to acquire a visa (TN or otherwise) only those who fit the NAFTA list?

Also, from what I've read, the impression I get is that the more formally educated one is the better their chances of getting a visa. I don't have a degree. Back in the 1980's, I dropped out of university and have both run my own business or worked freelance ever since.

Is there a visa I am unaware of that would be best suited for my situation?

Thank you!

[Reba]

Are you currently registered a the "Canadian Branch office" of this company? If so, you could look int an L1B intra-company transfer visa. No university degree required.

If you're not registered as a company in Canada, I'm not sure what your options would be.

[Wendy Jenae]

Thank you, Reba!

The company doesn't have an official Canadian branch, but, thanks to your suggestion, I am going to recommend they create one.

I really appreciate your advice!

[Steven]

There are restrictions on L-1B, i.e. the Canadian office can't be something just created for your benefit, it needs to be a permanent establishment of some sort, if you read the regulations on the USCIS website for L-1B it will give you an idea. However it is one category that doesn't require any sort of degree, you merely need to have "specialist knowledge" which means bespoke knowledge about how that company works that an outsider wouldn't have.

Also do a web search on "B-1 NAFTA entry" as the regular business visitor category is quite broad for Canadian citizens. You can certainly go to meetings, take instructions, receive company training, perform demonstrations for customers, etc. as a regular business visitor. But you can only stay for a maximum of six months in a calendar year as B-1.

[nishant]

While in Canada, you can work for a US company and get paid but the situation changes completely when you are on US soil.

Even if computer based work, identical to what you were doing from Canada, it will be illegal to do without a visa.