TN for Athletics Coach...?

J

John.S

New Member
Hi

Firstly, a little about me. I am a Canadian Citizen and hold a current Canadian passport. I am in my seventh year in the States, having studied for 4 years in the West coast to gain my under grad degree, and studied for a further 2 years in NY State to gain my Masters in Education (General Ed). I am now in my post-graduation OPT (Optional Practical Training) year – which will, expire in June 2016.

I would appreciate any guidance on how best to proceed with an application for a TN visa. I appreciate that these types of questions may have been addressed previously, but cannot see this in the forum, and of course it would be good to get advice relevant to my particular circumstances.

Although perhaps hypothetical at the moment, the example I give is something that is currently being considered by an employer (and me).


If I am offered a full time position as an Assistant Coach in the Athletics Department of a (NCAA D1) University, where, as a minimum requirement I must have a Baccalaureate Degree would such a position satisfy the NAFTA definition of Teacher at a University or College?

Where such an offer is made to me, would it perhaps be beneficial (In terms of TN application) for the hiring institution to also require me to deliver some academic classes (as part of an academic minor), so that I fulfil the “teacher” requirement, or does anyone know if the coach position alone would be viewed as satisfying the NAFTA definition.

If I am offered the position, as I am currently in the States, would it be best for the employer to apply for the TN Visa for me, or would it be better for me to leave the States and apply at the border at the POE?

Finally, can anyone please confirm the costs of the TN application, either to me directly at the POE, or to the employer of they apply on my behalf?

Thanks for reading and for any advice you can provide.

Regards


John
 
In either case, the university is applying on your behalf.
At the border, the fee is $50-60
By mail, the firm mails an I-129, the USCIS website lists the current fee. The school may want to expedite this (Premium processing) for another ~$1000.
Of course, these are only the fees collected by the govt. Any legal fees to prepare the TN letter (for border or I-129) or the I-129 would depend on the lawyers and HR.

For a TN, not only must the work match some TN category, your degree must also match the category or at least be closely connected.

The biggest hurdle you face however, is proving that your coaching job alone qualifies as a teacher. haven't seen anything on this.

Your other option is to get an H1-B. Most Universities are exempt from H1 quota, so can apply anytime, and there is less restriction on category.

I think, if the school really wants you, they need to be getting answers to these questions from their legal/HR.
 
Hi nelsona

Thanks for replying I was hoping you would as its clear to me that much of the success of this forum is down to your contributions for what seems to be 10 years or so.

Having read through the forum, from a personal perspective I don’t want to go down the road of using a lawyer for a process that is intended to be done without lawyers, and actually in reading some of the threads, those who do have lawyer support appear to (sometimes) have a harder time with USCIS, than those who do not. That said, and as you indicate, I appreciate that the University may well take advice in terms of the legal/HR considerations.

Thank you too for signposting to the H1-B Visa. My only reservation there is that (if I understand it correctly) the application must be made before the end of March, but you cannot commence employment until October. That just wouldn’t work for me and would result in me losing the job offer.

I think the key points you make are around the work matching the TN category, and my degree also matching the category or at least be closely connected to it. My big issue/concern is whether the coaching job alone would qualify as a teacher. Generally, the requirement for the position calls for a degree at minimum, and preferably a Master’s degree in some instances. In addition to ‘teaching’ in respect of the sport, a significant part of the duties involve supporting student athletes through their academic journey to ensure successful graduation. In real terms this will mean monitoring their academic performance, liaising with professors and running study class for those athletes at risk of academic failure. I appreciate that, this is only part of the role, and that alone may not be enough. That is why I also wondered if it would be beneficial for the hiring institution to also require me to deliver some academic classes (as part of an academic minor), so that I fulfil the “teacher” requirement? I know you do not know the answer to this, but I suspect that it would - be beneficial.

When you look at coaching staff across the States, there are a significant number who are ‘immigrants’. Obviously their status is not known, but it does suggest to me that it is possible to secure a coaching position - if you are able to properly navigate the visa process - and that’s what I am trying to do.

Thank you again for your advice, it really is appreciated. If any others also have comments, views or observations I’d be keen to read them.

Regards

John
 
On H1-B, as I said, most Universities are exempt from quota, so can get h1 anytime.

Please read my posts carefully. I already said that your hurdle is ensuring that "coaching" qualifies under the TN category of teacher. That is why you might wish you to consult a lawyer: to make a case for you for Tn. Otherwise you will need another status. It is not a slam dunk, like hiring a Physicist or Chemist or Engineer. Or, you could simply take the job offer and go to the border and hope for the best.

There are other statuses available, O-1, P-1, which usually require previous experience. You may need to ask some of your "foreign" colleagues how they came into their positions.

A little less wordy in future, please. And, no need to rehash my post.
 
Thanks again nelsona

Verbosity is a a feature of my writing - I shall try to be more consice.

Yes, I appreciated that most Unis are exempt from the H1-B quotas, its just the timing of that process that leaves me concerned, but from your reply my concern may be misplaced - I'll explore further.

I have not looked at the other statuses (O-1, P-1) and am grateful to you for flagging these to me as I have worked as a Graduate Assistant Coach for 2 years and now as a 'Voluteer Coach' for 1 year, so I'll need to see if this may help my case.

There you go...concise....

Many thanks

J
 
Your F status allowed a lot of leeway for your activities, as does H1-B. TN balances ease of applying with restrictive categories and scope of work.
 
Hi John

I find myself in the same situation you were in January. I was wondering if you managed to get your TN status for the Coaching Job. I have been offered the exact type of job in the US, and I am trying to figure out if I will be able to take it.

Thank you so much
 
Bumping this old thread since someone else bumped it yesterday already :) ...

nelsona said:
In either case, the university is applying on your behalf.
Click to expand...

Has the process at the border changed? That wasn't how it worked during my TN days (my last TN was just before 9/11/2001) but the procedure seems similar looking at sample letters.

All of my border TN letters started something like "We are writing this letter in support of Mr/Ms Cal G. Card's application for admission in TN status. We are offering Mr/Ms Card a professional position as a...blah blah blah." In other words the application is the employee's and the employer is simply providing a document to help support that application--albeit a required document.

I've always seen this as an important distinction between border TN's and mail TN's: for the border TN the application is 'owned' by the employee and by mail by the employer. In fact I imagine this distinction is part of why we've seen--in another thread here recently--that some employers are reluctant to let their TN employees go to the border. At the border the employer loses control of the application once they provide the TN letter--and, for example, they don't know what additional statements the employee might make verbally or in writing. By mail the employer has 100% control over the whole TN application.
 
Well, call, for one thing, it is now possible to have the sponsor submit an initial I-129 for Canadians whether or NOT in US, have it approved, and then go to the border to apply for entry WITH that approval.

But either way, the first 2 steps are the employers: offering the job, and providing the letter.
 
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