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05-05 06:50 AM
As leaders in NAFTA visa processing we like to update our readers on different visa categories and updates. This article is provided by our TN Visa Lawyer, Attorney Andrew Desposito.
For many who come to the U.S. seeking work, there are only so many visas through which they may legally work. It is because of this issue that U.S. lawmakers have been strict on immigration enforcement of illegal immigrants trying to work in the U.S., in particular those coming from Mexico.
For Mexicans and Canadians, the nonimmigrant NAFTA professional (TN) visa allows citizens of Mexico and Canada, as NAFTA professionals, to work in the U.S. in a prearranged business activity for a U.S. or foreign employer.
So what does this mean for you?
What this means is that if you are a person that works in a certain field, and have the education that corresponds with that field, you may be able to apply for the TN visa. Unlike the H-1B and its cap on how many visas are granted each year, or the J-1 and H-3 visas and their limited durations, the TN visa may be granted for up to three years and can continually be renewed toward the end of its duration. There are certain requirements of eligibility for the TN visa.
With some exceptions, each profession under the TN visa requires at least a baccalaureate degree as an entry-level requirement. If a baccalaureate degree is required, no work experience may be used to substitute it. In some professions, an alternative criterion to a bachelor�s degree is listed. For some professions, experience or licensing is required in addition to the degree. It is therefore crucial to know what field you may qualify under before seeking this visa.
Once you have determined that a TN visa is available to you, the next step is to find a U.S. employer willing to hire you in the job category related to your experience. During this time of economic growth, many companies are capable of hiring individuals from Mexico and Canada to fill those positions in the U.S. at very little cost. The visa itself is inexpensive to apply for at the U.S. Consulate or the Port of Entry. This makes it a far more attractive option to U.S. employers instead of the H-1B or L-1A visa and its many filing fees that come with it.
With an employer willing to sponsor you for the TN visa, all that remains is preparing for your TN visa.
Preparing a perfect TN Application
There are many little parts that go into putting together a successful TN visa package. There should be no question in the mind of the immigration officer at the Port of Entry or the U.S. Embassy that you, the employee, meet the position requirements as listed under appendix 1603.D.1 of the TN visa, and that the company is an established business that has the need for your position.
The immigration officer will ask questions regarding the nature of the business, the position you will be employed in, what your position entails for the company, and may even ask for examples of work that relate directly to the position being applied for.
The Technical Publications Writer is a TN visa category that many individuals can be qualified to work. The position requires a Baccalaureate or Licenciatura Degree or Post Secondary Diploma or Post Secondary Certificate, and three years experience. The degree requirement is very broad in that all it takes is a degree or diploma in a related field to the company that the position is held. For instance, there was a case where the Technical Publications Writer was to assist a new media company in the design of its materials for publication on its websites, revise product instruction, and review and research social media publications. A degree in English was the related degree necessary to fulfill the duties of her position.
When trying to figure out if one has the three years experience as a Technical Publications Writer, the occupational outlook handbook provides guidance on whether one can hold such a position. A Technical Publications Writer helps a company by reviewing published materials, recommending revisions or changes, arranging typing, duplication, or distribution of materials, as well as editing, standardizing, or making changes to materials prepared by other writers.
The Technical Publications Writer may also complete specific writing projects for the company. Looking at a person�s prior work experience, it is not usually difficult to see that many duties one performed were similar to what is required of a Technical Publications Writer.
Although work experience and degree are the requirements to holding the position, as outlined in the Appendix, a person should be able to bring other work that has been done to show they can produce something that is published. What this means is that an immigration officer at the embassy or the port of entry may feel the person does not fit the job description because they have not published something.
Although there is nothing in the requirements for that position requiring a published material, it is good to be able to show one�s prior work has been published in some capacity. This is good for when a person applying for the visa gets an officer who does not understand that the word publications in the TN profession does not mean a person must be published to hold the position. A recent client went through this similar situation where they were not convinced the person should be a Technical Publications Writer because they did not have any published material.
As attorneys who have worked on many TN visas, we know what immigration officers are looking for in their interview with TN professionals. We understand that many of them need to see for themselves how your position and your background meet the requirements of the TN position. We have helped people get TN visas as Engineers, Lawyers, Management Consultants, Technical Publications Writers, and Economists. No matter your personal background, being a professional under a TN visa is as simple as finding out what position fits you best.
Although some positions do have specific degree requirements, such as a lawyer, other positions require a degree in a related field, such as for the Technical Publications Writer. With an attorney that understands little nuances like this, it is possible to get your TN visa wihttp://www.h1b.biz/lawyer-attorney-1137117.htmlthout the wait through the USCIS process for other work visas.
More... (http://www.visalawyerblog.com/2011/04/tn_visa_attorney_the_technical.html)
For many who come to the U.S. seeking work, there are only so many visas through which they may legally work. It is because of this issue that U.S. lawmakers have been strict on immigration enforcement of illegal immigrants trying to work in the U.S., in particular those coming from Mexico.
For Mexicans and Canadians, the nonimmigrant NAFTA professional (TN) visa allows citizens of Mexico and Canada, as NAFTA professionals, to work in the U.S. in a prearranged business activity for a U.S. or foreign employer.
So what does this mean for you?
What this means is that if you are a person that works in a certain field, and have the education that corresponds with that field, you may be able to apply for the TN visa. Unlike the H-1B and its cap on how many visas are granted each year, or the J-1 and H-3 visas and their limited durations, the TN visa may be granted for up to three years and can continually be renewed toward the end of its duration. There are certain requirements of eligibility for the TN visa.
With some exceptions, each profession under the TN visa requires at least a baccalaureate degree as an entry-level requirement. If a baccalaureate degree is required, no work experience may be used to substitute it. In some professions, an alternative criterion to a bachelor�s degree is listed. For some professions, experience or licensing is required in addition to the degree. It is therefore crucial to know what field you may qualify under before seeking this visa.
Once you have determined that a TN visa is available to you, the next step is to find a U.S. employer willing to hire you in the job category related to your experience. During this time of economic growth, many companies are capable of hiring individuals from Mexico and Canada to fill those positions in the U.S. at very little cost. The visa itself is inexpensive to apply for at the U.S. Consulate or the Port of Entry. This makes it a far more attractive option to U.S. employers instead of the H-1B or L-1A visa and its many filing fees that come with it.
With an employer willing to sponsor you for the TN visa, all that remains is preparing for your TN visa.
Preparing a perfect TN Application
There are many little parts that go into putting together a successful TN visa package. There should be no question in the mind of the immigration officer at the Port of Entry or the U.S. Embassy that you, the employee, meet the position requirements as listed under appendix 1603.D.1 of the TN visa, and that the company is an established business that has the need for your position.
The immigration officer will ask questions regarding the nature of the business, the position you will be employed in, what your position entails for the company, and may even ask for examples of work that relate directly to the position being applied for.
The Technical Publications Writer is a TN visa category that many individuals can be qualified to work. The position requires a Baccalaureate or Licenciatura Degree or Post Secondary Diploma or Post Secondary Certificate, and three years experience. The degree requirement is very broad in that all it takes is a degree or diploma in a related field to the company that the position is held. For instance, there was a case where the Technical Publications Writer was to assist a new media company in the design of its materials for publication on its websites, revise product instruction, and review and research social media publications. A degree in English was the related degree necessary to fulfill the duties of her position.
When trying to figure out if one has the three years experience as a Technical Publications Writer, the occupational outlook handbook provides guidance on whether one can hold such a position. A Technical Publications Writer helps a company by reviewing published materials, recommending revisions or changes, arranging typing, duplication, or distribution of materials, as well as editing, standardizing, or making changes to materials prepared by other writers.
The Technical Publications Writer may also complete specific writing projects for the company. Looking at a person�s prior work experience, it is not usually difficult to see that many duties one performed were similar to what is required of a Technical Publications Writer.
Although work experience and degree are the requirements to holding the position, as outlined in the Appendix, a person should be able to bring other work that has been done to show they can produce something that is published. What this means is that an immigration officer at the embassy or the port of entry may feel the person does not fit the job description because they have not published something.
Although there is nothing in the requirements for that position requiring a published material, it is good to be able to show one�s prior work has been published in some capacity. This is good for when a person applying for the visa gets an officer who does not understand that the word publications in the TN profession does not mean a person must be published to hold the position. A recent client went through this similar situation where they were not convinced the person should be a Technical Publications Writer because they did not have any published material.
As attorneys who have worked on many TN visas, we know what immigration officers are looking for in their interview with TN professionals. We understand that many of them need to see for themselves how your position and your background meet the requirements of the TN position. We have helped people get TN visas as Engineers, Lawyers, Management Consultants, Technical Publications Writers, and Economists. No matter your personal background, being a professional under a TN visa is as simple as finding out what position fits you best.
Although some positions do have specific degree requirements, such as a lawyer, other positions require a degree in a related field, such as for the Technical Publications Writer. With an attorney that understands little nuances like this, it is possible to get your TN visa wihttp://www.h1b.biz/lawyer-attorney-1137117.htmlthout the wait through the USCIS process for other work visas.
More... (http://www.visalawyerblog.com/2011/04/tn_visa_attorney_the_technical.html)
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solaris27
08-02 02:07 PM
write letters to congressman and fill form for ombudsman.
You should get ur GC.
You should get ur GC.
gsc999
09-14 02:54 AM
Can you guys think of an Immigration Voice jingle. A tune that is catchy.
IV members who have an eye for lyrics and music lets see what you got.
Let me try:
************************************************
"Immigration Voice, Immigration Voice, Immigration Voice Rocks!
When dark clouds of labor backlog envelops my domain
Immigration Voice is one sure place that can help my spirits regain
Lot of questions and a long wait for my green card
Immigration Voice is where I get sage advise from the bard
Waiting in vain for the FBI name check, years wasted in pain and my career is a ship wreck.
In the dark storm, one shining light, like minded people who share my plight
One day I will wake up from this nightmare,
I am sure of the success, I sometimes wonder why don't the lawmakers give this cause the care
One day soon, I will become a proud story,
One more American dream, till then Immigration Voice makes me forget my worry
I feared that I just couldn't cope, but wait, I listen to the voice of encouragement,
Silver lining on a dark cloud, one single ray of hope
Immigration Voice, Immigration Voice, Immigration Voice Rocks!
***********************************************
Please improve
Cheers!
_____________
IV members who have an eye for lyrics and music lets see what you got.
Let me try:
************************************************
"Immigration Voice, Immigration Voice, Immigration Voice Rocks!
When dark clouds of labor backlog envelops my domain
Immigration Voice is one sure place that can help my spirits regain
Lot of questions and a long wait for my green card
Immigration Voice is where I get sage advise from the bard
Waiting in vain for the FBI name check, years wasted in pain and my career is a ship wreck.
In the dark storm, one shining light, like minded people who share my plight
One day I will wake up from this nightmare,
I am sure of the success, I sometimes wonder why don't the lawmakers give this cause the care
One day soon, I will become a proud story,
One more American dream, till then Immigration Voice makes me forget my worry
I feared that I just couldn't cope, but wait, I listen to the voice of encouragement,
Silver lining on a dark cloud, one single ray of hope
Immigration Voice, Immigration Voice, Immigration Voice Rocks!
***********************************************
Please improve
Cheers!
_____________
2011 Bring It On: Fight to the
gc_on_demand
04-30 03:01 PM
Comprehensive Immigration Reform in 2009, Can We Do It and How?� is live now.
Here is link. Will some body hear it and post the updates?
http://judiciary.senate.gov/hearings/hearing.cfm?id=3793
Thanks in advance.
Alan Greenspan is talking about H1b and other highly skilled immigrant's issues. Also mentioned about Housing Crisis.
Here is link. Will some body hear it and post the updates?
http://judiciary.senate.gov/hearings/hearing.cfm?id=3793
Thanks in advance.
Alan Greenspan is talking about H1b and other highly skilled immigrant's issues. Also mentioned about Housing Crisis.
more...
nuke
07-29 11:39 AM
How do I start a new thread?
slowwin
06-23 09:08 AM
If your labor was filed in 2004, you can apply for I-485 if your approved I-140 is ofr EB2.
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn’t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
--------------------------------------------------------
Immigration saga :
USA GC:
PD: FEB 2007,
I-140 APPROVED, EB2 NIW,
I-485 STATUS PENDING
Canadian PR:
Enquiry on AINP Jan 2008
Formal initial docs sent March 2008
Invitation to apply for Nomination August 2008
Applied for Alberta Provincial Nomination Dec 2008
Provincial nomination received July 2009
Applied for PR at CIC, Buffalo , NY OCT. 2009
Medicals done March 2010
PR visas established, passports sent for stamping June 2010
Landing --- In future
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn’t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
--------------------------------------------------------
Immigration saga :
USA GC:
PD: FEB 2007,
I-140 APPROVED, EB2 NIW,
I-485 STATUS PENDING
Canadian PR:
Enquiry on AINP Jan 2008
Formal initial docs sent March 2008
Invitation to apply for Nomination August 2008
Applied for Alberta Provincial Nomination Dec 2008
Provincial nomination received July 2009
Applied for PR at CIC, Buffalo , NY OCT. 2009
Medicals done March 2010
PR visas established, passports sent for stamping June 2010
Landing --- In future
more...
kpchal2
03-17 10:53 PM
hi desi, even though i did not explicitly state that i want to port it, will it be automatically be ported. it seems like they see that first date as my priority date but i want to confirm it 10 times or more (due to the stuopidity of USCIS) before i jump in excitement.
2010 Fight to the Finish” on
thomachan72
06-13 02:36 PM
---
Polk1848: Stop patronizing us. Your condescending attitude won't go far on this forum. Each one of IV member is a quintessential American in the making. We understand the American dream far better then many born American citizen, who think everybody else owe them something just because they were born in USA. We, on the other hand are living and moving towards the classic American dream. A good start will be to join us in our cause instead of demanding we oppose Hispanics or undocumented immigrants.
I appreciate your clarity of thought and very good sense of direction. Many of us seem to have lost that and are directionless now. Keep it up!!
Polk1848: Stop patronizing us. Your condescending attitude won't go far on this forum. Each one of IV member is a quintessential American in the making. We understand the American dream far better then many born American citizen, who think everybody else owe them something just because they were born in USA. We, on the other hand are living and moving towards the classic American dream. A good start will be to join us in our cause instead of demanding we oppose Hispanics or undocumented immigrants.
I appreciate your clarity of thought and very good sense of direction. Many of us seem to have lost that and are directionless now. Keep it up!!
more...
psaxena
06-25 06:44 PM
......................
hair Bring it On Fight to the
kaisersose
01-22 04:37 PM
The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.
But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.
===
...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
===
But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.
===
...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
===
more...
nj.gc
06-24 10:04 AM
Even I have got same message yester day. But now it shows the package was delivered when i checked today morning.
I have one more question here. The I-765 and I-131 are two different post box numbers. we can send both applications to the same P.O.BOX or different. If we send two different P.O.BOX then both will reach to same P.O. BOX or different P.O.BOXs.
I-765
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
I-131
USCIS Texas Service Center
P.O. Box 851182
Mesquite, TX 75185-1182
Thanks
I have one more question here. The I-765 and I-131 are two different post box numbers. we can send both applications to the same P.O.BOX or different. If we send two different P.O.BOX then both will reach to same P.O. BOX or different P.O.BOXs.
I-765
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
I-131
USCIS Texas Service Center
P.O. Box 851182
Mesquite, TX 75185-1182
Thanks
hot Bring it On: Fight to the
sivaramakrishna
07-09 11:41 AM
Sorry to burst your bubble but that list is sorted alphabetically.
Then may be #1 choice for people to work outside USA
Then may be #1 choice for people to work outside USA
more...
house Fight to the Finish (2009)
shreekhand
02-07 09:25 AM
A huge chunk of Indians who come and file for asylum are fraud cases - citing ridiculous and manufactured cases of political/religious persecution! The article itself cites experts and analysts with their surprise. Somehow don't know why the people of the states mentioned in the article are so desperate ! Dynamic and risk taking, certainly they are, no doubt ... but looks like they don't see the limit... crossing levels of illegality and greed. Disgrace to the country!
tattoo Bring It On: Fight to the
chanduv23
09-14 12:07 PM
So when are you all starting ?
Come on, lets not say 'nay' anymore
Come on, lets not say 'nay' anymore
more...
pictures On: Fight to the Finish,
kaylamarie
01-28 12:12 PM
Can any one please reply... 70 views and no replies
dresses It On: Fight to the Finish
fullerene
12-18 02:37 PM
I attended the event at UMass Lowell. Congressman Marty Meehan and new governor elect Deval Patrick were at the event. The topic of discussion was "global warming". Both governor and congressman took off after the event but I had a chance to talk to their staff.
One of congressman's staff went through the folder I provided with IV documents but he works for energy related issues and will pass to the staff dealing with immigration. He did provide me the senior staff member who looks into immigration issues. I'm going to email and try and meet him. Congressman Meehan is part of the judiciary committee related to immigration.
MA members> I'll send out a separate email to you guys and each one of us should contact and educate the congressman though his main focus seems to be the climate change issue.
thank you very much. I could not attend the meeting. But I did fax my letter to his Lowell Office.
One of congressman's staff went through the folder I provided with IV documents but he works for energy related issues and will pass to the staff dealing with immigration. He did provide me the senior staff member who looks into immigration issues. I'm going to email and try and meet him. Congressman Meehan is part of the judiciary committee related to immigration.
MA members> I'll send out a separate email to you guys and each one of us should contact and educate the congressman though his main focus seems to be the climate change issue.
thank you very much. I could not attend the meeting. But I did fax my letter to his Lowell Office.
more...
makeup It On: Fight to the Finish
txh1b
08-18 11:15 AM
I am not sure about e-filing. Personally, I think efiling is a hassle as you have to go for a biometric appointment while paper filing or efiling does not make a difference in terms of work/result/timeline. I would recommend paperfiling. No matter how modern the front end is, the back end is all paper based and you will leave the people working on your case with a comfortable medium that they are familiar with if you paperfile. :D
girlfriend Movie Bring It On: Fight to
gcnirvana
05-02 05:59 PM
Also, Core Team might be travelling a lot to DC and other places this month. So it might help if you could donate your airline and/or hotel miles, that you may have.
I can transfer some of my Marriott / Hilton points that I have to the Core Team members.
Please let me know. Thanks!
I can transfer some of my Marriott / Hilton points that I have to the Core Team members.
Please let me know. Thanks!
hairstyles This one, “Bring It On: Fight
coopheal
12-02 03:34 PM
Bump
puddonhead
07-23 02:46 PM
Read this discussion thread (http://www.fatwallet.com/forums/travel-deals/939804)
and also this one (http://www.fatwallet.com/forums/travel-deals/599290).
Together - those two threads have faaaaar more useful information than I have ever needed for my tickets.
and also this one (http://www.fatwallet.com/forums/travel-deals/599290).
Together - those two threads have faaaaar more useful information than I have ever needed for my tickets.
shree09
08-07 02:55 PM
Hi,
I need some info. about whether it is good idea to do Canadian PR Landing and H1B extension stamping in one visit to Canada?
Here is the situation:
------------------
1. I got Canadian PR approval. I have submitted passport for stamping. After They mail it back to me, I need to travel to Canada(want to go to Vancouver) and at the border apply for PR Landing forms.
2. I have H1B extension approval but need stamping as I need to travel to INdia later this year on vacation. So when I go to canada, can I go to US Consulate apply for stamping and come back to US with same stamping???
I dont have AP so I cannot come back to US without the stamping. So what is the best solution in this case.?
I need to land in Canada before May 2008.
Your help will be greatly appreciated
Thanks
I need some info. about whether it is good idea to do Canadian PR Landing and H1B extension stamping in one visit to Canada?
Here is the situation:
------------------
1. I got Canadian PR approval. I have submitted passport for stamping. After They mail it back to me, I need to travel to Canada(want to go to Vancouver) and at the border apply for PR Landing forms.
2. I have H1B extension approval but need stamping as I need to travel to INdia later this year on vacation. So when I go to canada, can I go to US Consulate apply for stamping and come back to US with same stamping???
I dont have AP so I cannot come back to US without the stamping. So what is the best solution in this case.?
I need to land in Canada before May 2008.
Your help will be greatly appreciated
Thanks
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