Mgmt Consutant and TN visa question

[hothummer]

I am interviewing a US company for a Director of Marketing position and have some questions re: a TN Visa. I qualify for this visa per my MBA degree and extensive experience within the specific industry. I have indicated to the recruiter that I am eligible for a TN visa and it is straightforward and that the company would just need to be flexible in how they refer/classify my job.

When I meet with them and am asked what exactly is involved in obtaining a TN visa, I am prepared to simply say that it is a straightforward process given my education/experience and simply requires an employment letter from them that would need to be worded with the assistance of an immigration lawyer (that I have spoken to several times) and for the purposes of the lettter, they would have to classify me as a "mgmt consultant".

The last sentence is what I am concerned about..do any people have experience out there with employers that have had a problem with calling the position something other than what it actually is? My lawyer has indicated that I can be called a DIrector of Marketing on my business card, internally, etc, but this letter to INS MUST say Mgmt Consultant.

I am also concerned that they must state in the letter that the position is temp and for 1 year. Although I can renew the TN several times and would ask that the company sponsor me for an H1B, they might look at it and say "we bring the guy here and 1 year later, he has to leave...no way"

Any insight/tips on how to work through this would be greatly appreciated.
Thanks

 

[michael_holding]

as such the job titles are for DOL purposes. most h-1b IT folks are called programmer analyst or software engineer yet they are DBA, unix admins...etc etc internally. so i would think that case might apply to TN visa too.

in the end its between you and your company. if your company is interested in applying an h-1b for you, then you are in good shape. they can apply a TN visa to get you quickly on board and you can start applying your h-1 once you are here and change visas once you get h-1 by going out and coming back.
to be honest if your company is so concerned they should get a person with GC or US citizenship. any body else's status can change and they may or maynot have to go out.
sometimes its the lack of familiarity with immigration and the visas as such that makes a company develope cold feet. if this company has prior experience with hiring people on visas if forsee no problem for you.
Good luck!!

 

[TheRealCanadian]

I qualify for this visa per my MBA degree and extensive experience within the specific industry. I have indicated to the recruiter that I am eligible for a TN visa and it is straightforward and that the company would just need to be flexible in how they refer/classify my job.

Your combination of education and experience along does not automatically qualify you for a TN - the job duties need to as well. The fact that you are indicating that your employer needs to be 'flexible' makes me question wether your job truly matches.

What TN category do you belive a "Director of Marketing" falls under?