Work in the USA? What type of VISA?

Quick summary:

I was a Global Commodity Procurement Officer for a global tech Company in Ontario that closed down operations in Canada this past December. I have been in purchasing for 12 years and have a Diploma in Materials Management.

I have been offered a job from a former supplier in OHIO. It is a small company starting up and they want me to come and be their purchasing manager and they still supply to that Global company that I had worked for. The OHIO company will sponsor me although they never have done that before. I am in OHIO right now actually spent the week checking out the area and I am quite willing to relocate here.

What type of VISA do I need to apply for? Where do I or they start?

I guess I should add that at this point the offer is for an indefinite time and I would ideally like to be in the USA long enough to get my dual citizenship.

Doesn't sound like you qualify for TN-1, but have a look at the NAFTA categories and see if you fit into one of them. If you do, that is by far the fastest and simplest option.

Everything else is extremely long-winded and difficult.

Given how specific your skills are, the employer will probably be able to offer the job to you with labour certification under EB-3 as it doesn't sound to me as though they would be able to find anyone locally. However there is a long wait for approval under EB-3: http://travel.state.gov/visa/frvi/bulle ... _4177.html

They're processing applications received in July 2005 at the moment for the "skilled workers" category, which is what you would be.

Have a read of: http://travel.state.gov/visa/immigrants ... _1323.html also.

You're probably too late for this year's H-1B, the cut-off is next Tuesday. And the odds of getting one are slim, about 1 in 3 because of the quota.

If your employer hasn't done this before it does involve a lot of paperwork, getting the DOL certification is pretty complex.

I do fit in one of the categories for a TN-1, since I will be setting up the companies material/purchasing systems, I could be considered a 'Management Consultant' for argument sake. Is it just as simple as having them call me that? Under TN-1 is it still possible to work towards dual citizenship? I actually have a company that I was starting in Canada to do just that "Procurement Consulting", is that of any benefit?

Thanks!

Management consultant is the trickiest category, there are various lawyers etc. on here that specialise in TN-1 applications, I suggest you talk to one of them. But there's more to it than just being called one.

Having your own company won't help unless you own 50% of their company or they own 50% at least of yours, then you could go in under L-1A.

I see, I guess the way I see it is that titles are used so loosely these days. In my last career, my title was "Commodity specialist for Global Procurement" Could one argue that a "specialist" is another word for consultant?

The position of procurement manager, at any company, is not that of a management consultant. The Ohio company clearly intends to fill the position of procurement manager, and thus would be committing visa fraud, were they to cut and paste a generic description of the duties and responsibilities of a bona-fide management consultant onto their offer letter.

The standard duties of a management consultant are available to the public online in the Dictionary of Occupational Titles.

Since the NAFTA profession of Management Consultant is the one that is most prone to fraud, U.S. Immigration border officers, scrutinize each case, and place the burden of proof upon the applicant to show that the position is in fact bona-fide.

The position of management consultant is normally restricted to large companies. A start up company would need to show that it intends to hire a significant number of employees over the 12 month validity period of TN visa.

Thus, I would strongly suggest that you do not pursue this visa option.

Instead, you should consider investing in a new or existing U.S. business. The E-2 investor visa can be adjudicated at the Toronto Consulate within 4 weeks. It requires a substantial investment of at least $100,000, and a showing that the new or existing company will make a profit, and hire at least one U.S. citizen or resident.

Wow, really had no idea it was going to be this difficult. Ok, so if the investing into the company is not an option.here is a little more background.

I have worked with the owners of this new company for 8 years. The company they started 4 years ago has the same customers and is in the same industry that I have worked in for 8 years in Canada. I can help them, and they can use my industry knowledge and Materials Management diploma from Canada to help them grow. I would like to live, work and move where they are. So I have been in senior procurement now for over 8 years and have extensive knowledge in their industry (Banking Equipment) I will be setting up from nothing their procurement department, policies.etc.

What Visa options do I have?

How many additional employees in the company's procurement department do they plan to hire within the next 12 months?

In the event that the non-management consulting duties are anything more than merely incidental to the position, you should look for a job offer with a different company.

You are qualified for a management consulting TN visa, as long as the job offer is bona-fide.

In this case, the job offer is clearly that of a procurement manager, and does not qualify for TN status.

What Visa options do I have?

If you just want to go down there and work as a procurement officer, basically none. If you are a management consultant, then you can do TN-1. If you're willing to invest in their business to a significant degree, then you can do E-2 (or possibly E-1). If your company owns at least 50% of their company or they own at least 50% of yours, then you can do L-1A or L-1B (which both have a time limit).

Really H-1B is the category designed for this, but there's a quota and if you don't get your application in on April 1st, it's virtually certain you won't get it (unless you have a US master's degree) and even if you did, the odds of getting one are only about 1 in 3.

If it were me, and I already had a business in Canada and it sounds as though this company is going to do some business in Canada, I'd give them 50% ownership of my business in Canada to establish the link necessary to get an L-1. L-1 is pretty easy to get, you can apply at the POE ($820, a fair amount of paperwork but it's possible).

Once you've got it, it sounds to me as though you could get the ETA-750 labor certification as the job is so specialised (i.e. they can't find someone local to do it), so then they could sponsor you for permanent residency in EB-3 while you were there on an L-1.

The only snag is that you're supposed to work for the subsidary for a year before you can apply, however, if your company has been in business for at least a year then I think it's okay as it's a pre-existing business that has simply become a subsidary, but I'm not 100% sure on the regs on that one.

You might want to say to them: "I want to work for you from Canada until I meet the requirement for L-1." That way you can see if they become successful anyway and it gives you time to figure it all out. Also note that the ordinary B-1 business visitor category is quite broad for Canadians, if you're just taking instructions, orders, etc. when you go to their office that's entirely legal.