What is easier? work here for 1 yr first or try to get TN-1?

EvilTechie
New Member


Asus Potential

Joined: 26 Sep 2008
Posts: 2
Location: Vancouver

Posted: Fri Sep 26, 2008 12:07 pm

 

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I have been talking with Asus in California for a while and yesterday theyve told me that they are ready to move forward and provide me with an offer next week

they want me to look into the TN visa more carefully right now

Option-1 (go to San Jose/Fremont to work under TN-1)
my past job experience includes 3 years of being an Editor-in-Chief of an online computer product review site.
I also provided feedbacks to the manufacturers such as Samsung Canada to help them with future product development.

Now that job position's tasks ranges broadly and i am not sure if it counts towards the 3 years requirement for Technical Publications Writer profession.

also the job title they might give me is Copywriter
and im not sure if that falls under Technical Publications Writer profession as well

i have called the Port of Entry at Blaine and spoke with a Treaty Officer on the phone but she did not give me any definite answers.

however, going to California to work is only option 1

Option-2 (working locally for 1 yr first before being transferred)
option 2 requires me to work here locally at their branch office for at least a year
then they would be able to transfer me through internal transfer and should be easier that way (but im not sure what Visa and what process that is)
also if im working locally, there is a chance i might learn more and do more because local office is much smaller


sorry for the long post but i have hit a road block and would like your expert help
thank you very much in advance.

Best,

David

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g-op
CanuckAbroad Regular



Joined: 25 Sep 2008
Posts: 32
Location: montreal

Posted: Fri Sep 26, 2008 3:13 pm

 

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To qualify you would need at least a Baccalaureate or Licenciatura Degree; or Post Secondary Diploma or Post Secondary Certificate, and three years experience
your degree should be in the related field, If applying under secondary cert and 3 years experience you need to prove the three years experience are as a TECH Publications Writer.
Description below:

Technical writers put technical information into easily understandable language. They prepare product documentation, such as operating and maintenance manuals, catalogs, assembly instructions, and project proposals. Technical writers primarily are found in the information technology industry, writing operating instructions for online Help and documentation for computer programs. Many technical writers work with engineers on technical subject matters to prepare written interpretations of engineering and design specifications and other information for a general readership. Technical writers also may serve as part of a team conducting usability studies to help improve the design of a product that still is in the prototype stage. They plan and edit technical materials and oversee the preparation of illustrations, photographs, diagrams, and charts.

Work for 1 year in Canada for the company they can try to transfer you to the US as an L-1B, need to prove that you have "specialized Knowledge" required by the company that is not readily available in the US, so if they could hire you off the street and get you as a TN its hard to imagine you have "specialized Knowledge" specific to this company that would necessitate them needing to transfer you from a foreign country. If they can hire you off the street to do the job they could hire a USC off the street to do the same, hence no "specialized Knowledge". Best bet if you are actually a Tech pub writer and have qualifications as such, apply as one under TN, if not have company file for you to obtain an H-1B, skilled worker. As the L-1B would seem to be far fetched.

Hope this helps.

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EvilTechie
New Member


Asus Potential

Joined: 26 Sep 2008
Posts: 2
Location: Vancouver

Posted: Fri Sep 26, 2008 7:33 pm

 

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thank you for the prompt reply

i have looked at the DoT on US Dept of Labor's website and it still does not give me a definite answer as to whether editor-in-chief and copywriter fall under the technical publications writer profession as both of the jobs involve tasks that a technical writer does too.

sometimes greatly, sometimes not so much

if im to take option 2, i would not be doing so much copywriter job but more channel marketing as i have a very good knowledge of the local high-tech market and very specific online consumer behaviours

i dont think L-1B would then be as far fetched as you may think it is for me
especially when it comes to my online consumer behaviour knowledge
so maybe working locally seems like a more guaranteed method of starting my career with Asus

since TN is always a gamble as i think it is even mood and weather dependent on the treaty officer

what do you think now with more info about myself?

any opinions are greatly appreciated

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g-op
CanuckAbroad Regular



Joined: 25 Sep 2008
Posts: 32
Location: montreal

Posted: Sat Sep 27, 2008 9:44 am

 

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L1-B is an intercompany transfer, your "specialized knowledge" must be advanced, not generally known, or not readily available in the industry. The idea behind this NON-Immigrant classification is so a company can bring into the US it foreign employees who have knowledge that only someone in that company could know. So even though your knowledge of the business is great it is not company specific, the test is if the company can hire a US citizen with your similar background and have them complete the same job with minimal training then you do not have "specialized Knowledge" per the requirements of the L1-B. If the company needed to train this newly hired person extensively due to company specific knowledge then you make a case, but as you currently don't work for them you cannot claim your past experience as reason to be transfered to the US under L1-B, as I said before anyone with your similar background in that similar field would be able to do the job. That is why I stated "Far fetched".

Example of L1-B Person has worked for company A for X number of years and through these years has acquired knowledge about a specific product/manufacturing process/ect. that only someone that has worked for company A for an extended period of time would know, then could claim "specialized knowledge" as Company A could not hire someone off the street as this specific knowledge only exist within there company. It would take the new hire years of working there to learn and do the same functions as the L1-B transfer.

See the following for examples related to the IT industry.

The following are general examples of what constitutes (and what does not constitute) specialized knowledge in this industry.
1. The alien beneficiary has knowledge of or experience in general implementation procedures such as using packaged project management tools or products that
are readily available in the marketplace. For example, using Microsoft Project or having experience implementing most Microsoft products is common throughout the industry. The alien beneficiary is working at the client site under the client’s direction and management. This does not constitute specialized knowledge in that these generalized skills are held throughout the industry and can be easily obtained by the foreign employee outside of the employer.

2. The alien beneficiary only has knowledge of or experience in computer software languages, applications, tools, database management systems or operating systems that are widely known. For example, COBOL, C++, Java, etc. This does not constitute specialized knowledge. Such knowledge and experience is generally available throughout the information technology industry and can be easily obtained by the foreign employee outside of the employer.

3. The alien beneficiary has knowledge of or experience in implementing or participating in projects relating to general areas of business. This does not constitute specialized knowledge. Knowledge or experience in a particular field is not, in and of itself, specific to the employer. Such knowledge and experience is generally available throughout the information technology industry and can be easily obtained by the foreign employee outside of the employer.

4. The alien beneficiary has knowledge of an externally developed process or product that is widely installed or maintained by companies other than the employer. This does not constitute specialized knowledge. This knowledge is generally held throughout the industry and can be easily obtained by the foreign employee outside of the employer.

5. The alien beneficiary has advanced knowledge of his/her employer’s special process or methodology that is not generally held throughout the industry. For example:
a. The employer has a specific process or methodology that it uses to perform a certain service that is different than processes or methodologies used by many other companies in the industry.
b. The employer has a specific process or methodology that it uses to install, implement, and/or customize its internally developed product, and the systems and processes or methodologies are not produced or used by many other companies in the industry.
c. The employer’s specific process or methodology that is used to perform a certain service is different than the processes or methodologies used by many other companies in the industry in that the employer’s process or methodology has been certified as meeting SEI or Six Sigma standards (level of Total Quality Management) and the beneficiary has been trained in such employer specific process.

Each of these examples constitutes specialized knowledge. The knowledge is valuable to the employer’s competitiveness in the market place and is often used by the employer as a differentiator from the employer’s competitors. This knowledge, which is specific to the processes of the employer, can only be gained through prior experience with that employer and cannot be easily transferred or taught to another individual.

6. The alien beneficiary has advanced knowledge of the employer’s internally developed product that is not widely installed or maintained by companies other than the employer. This constitutes specialized knowledge. This knowledge is valuable to the employer’s competitiveness in the market place and is often used by the employer as a differentiator from the employer’s competitors. This knowledge, which is specific to the product of the employer, can only be gained
through prior experience with that employer and cannot be easily transferred or taught to another individual.

7. The alien beneficiary has advanced knowledge of a client’s existing computer systems and/or project by virtue of having worked on the same computer systems or project while employed by the foreign employer. This constitutes specialized knowledge in that this knowledge is normally gained only through prior experience with that employer; is knowledge of a specific client system or project which is not generally known in the industry and is valuable to the employer’s competitiveness in the market place.

8. The alien beneficiary has advanced knowledge of an externally developed process or product that is installed or maintained by only a limited numbers of companies including the employer. This constitutes specialized knowledge. This knowledge is valuable to the employer’s competitiveness in the market place and is often used by the employer as a differentiator from the employer’s competitors. This knowledge can generally be gained through prior experience with that employer and cannot be easily obtained by the foreign employee outside of the employer.

9. The alien beneficiary has advanced knowledge of, and significant experience in, a specific computer software language, application or tool, etc. The alien beneficiary has published papers concerning the language, etc. and is recognized by the client or another organization as an expert in the specific language, etc. This constitutes specialized knowledge. This knowledge is valuable to the employer’s competitiveness in the market place and is often used by the employer as a differentiator from the employer’s competitors and cannot be easily transferred or taught to another individual.

The petitioner bears the burden of establishing that the alien beneficiary’s knowledge is advanced, not generally known, or not readily available in the industry. The petitioner is not required to show the knowledge is unique or held by only a few in the industry or company. The above examples are presented as general guidelines for officers involved in the adjudication of petitions involving specialized knowledge. The examples are not all inclusive and there are many other examples of aliens who possess specialized knowledge which are not covered in this memorandum.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Sat Sep 27, 2008 4:07 pm

 

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USCIS are apparently going to crack down on L-1B because they think Indian IT companies are abusing it. Hence all the guff above.

It does have several advantages, the main ones being that it is dual-status and is valid in two-year increments after the first year. But it's only valid for five years max.

TN-1 can theoretically be renewed forever and apparently will be extended to three years validity soon.

Depends on whether you plan on coming back or not. If you want to stay forever, then L-1B, because it's easier to go from that to permanent residency.
_________________
Steve.

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