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03/10/17
Visas. EB-1, EB-2, TN
Filed under: Recent Posts, Mentoring, Legal matters, Observ. Trends
Posted by: site admin @ 6:15 am

Two recent communications provided thoughts for this
post on the complex visa issues facing international
technical professionals.

.
CASE.  EB-1, EB-2
One was from Southeast Asia who earned a Ph.D. and worked
as an industrial post-doc before accepting a permanent position.  
She learned that her firm was closing its doors and landed a
technical position at a leading international firm.
.
It was a positive experience for more than a year as her
direct manager and senior technical professional mentored
her through the politics of the product development group.
Unfortunately he is no longer there.
.
She finds that the work is challenging and a positive experience.
However, there are “people challenges” that are hard to work
through.  How long should she stay and what goals should she
set?
.
Pressure seems to be building up with the challenges.  We talked
about retaining benefits (401k, bonuses, promotions in title) 
seeking her working visa, and long term ambitions if things turn
out perfectly.
.
She pointed out that if she knew what she knows now, she
would pursue an employment attorney.  This attorney offers a 
free assessment of her case and guarantees if she self applies
for an EB-1 or EB-2, there is a money back guarantee.
.
CASE.  Canadian Visas
A second conversation was with a Canadian professional
working in the US as a post-doc.
Canadians are allowed to visit the US for up to six months 
(
182 days) per calendar year. Nationals of other countries
are allowed only 
90 days. You can accumulate those
days by one long trip, or an aggregation of several short ones.
.
The nonimmigrant NAFTA Professional (TNvisa allows
citizens of Canada and Mexico, as NAFTA professionals,
to work in the United States in prearranged business
activities for U.S. or foreign employers. Permanent residents
of Canada and Mexico are not able to apply for 
TN visas 
to work as NAFTA professionals.

.
$50 for the filing fee and $6 for I-94 fee. Pay at the border
at the time of applying for the TN Visa. Total Cost by Mail
 = 
$325 for Form I-129. See the USCIS website for the
latest fee amount.

.
Current U.S. laws and regulations say that Mexican and
Canadian citizens can stay in the U.S. in TN status for periods
up to 
three years. Even better, TN workers are supposed to
be able to extend their stays indefinitely, in three-year
increments, so long as they satisfy the requirements under
the TN program.

.

As a Canadian citizen hoping to work in the US, there are multiple
options that are available to you. Some relevant work-related visas
include:

  • HB-1 Visa-this option is available to individuals who at least
    hold a bachelor’s degree. The employer would have to agree
    to sponsor you and should file the appropriate paperwork on
    your behalf.
  • E1 or E2-if the business you plan to work for is 50% owned
    by nationals of your home country and it trades and invests
    in the US then this could be another option for you.
  • O Visa-if you have proven substantial contribution to areas
    such as education or science you may be eligible for this type
    of visa.
  • L Visa-this type of visa may be an option if you have
    worked for a company for at least a year and then wish to
    pursue employment in the US under another branch of the
    same business.
  • Green Card-if you have a master’s degree or work in a
    position that requires it, you may be eligible to apply for
    a green card to continue working in the US.

As you can see, there are various avenues you could take to achieve
your desired results. To better understand your options and to select
the appropriate option, you should contact an immigration
attorney. 
Keep in mind, many of these processes take time to complete, so
you we want to be sure to choose the best option.

One Response to “Visas. EB-1, EB-2, TN”

  1. site admin Says:


    Immigration TN law firm information 

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