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Subject: Re: TN1 Visa procedure and chances Posted on: Tue, 25 Apr 2006 19:18:55 +0000


> Hi everybody, I am a canadian citizen, a US firm is ready to hire me
> permantely as a Database System Analyst. The firm is not ready to do
> H1B, infact they are not keen in the visa stuff either, but they have
> agreed that they will hire me under TN1.
> Now my questions are :
>
> 1. If the company doesn't state that the job is temporary, will it
> affect the TN1 application ?
>
> 2. I have a Bachelor's degree in commmerce with a diploma in computer
> applications and 8 eight years of US/Canada experience in Database
> analysts/administration experience. Will I fit the TN requirement ?
>
> 3. I live In Toronto, which is the best port to try for TN1 ?
>
> 4. Is it advisable to get a lawyer for this ? If yes, any suggestions
> ?
>
> 5. Lastly any general tips as in DOs and DON'Ts while appying for
> TN1 ?
>
> Any input is greatly appreciated.
>
> Thanks,
>
> Roger

1. Make sure the job offer is described as a temporary position. It may
not exceed a one year period. You may seek renewals in one year
increments. If asked, make sure you stress that you are seeking
admission only for one year. If you tell CBP about any future
permanent plans you will risk being denied. An applicant for TN
status cannot have immigrant intent while applying for a TN.

2. I am assuming you plan to file an application for TN Status under the
Computer Systems Analyst category. If you are not sure if this is the
right TN category for you, consult the Occupational Outlook Handbook
for a description of this occupation.
http://www.bls.gov/oco/ocos287.htm The OOH is used as a guidline for
determining whether a job fits under a NAFTA TN category.

Here are the requirements for a Computer Systems Analyst under NAFTA:
Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post
Secondary Certificate and three years’ experience.

It looks like you may qualfiy for this TN category based merely on your
diploma and experience. You may face a little resistance over your
commerce degree as its relationship to Computer Systems Analyst appears
a bit tenuous.

3. We avoid Niagara Falls (Rainbow Bridge), and generally go
through Buffalo.

3. Two issues a lawyer could you help you with are (a) mitigating any
immigrant intent questions and (b) verifying a proper TN category
and presenting a convincing argument of your qualification for that
TN category.

4. Be honest and non-confrontational - espeacially in response to
absurd, irrelevant questions.

--
Posted via http://britishexpats.com

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