TN help

T

TNdi

Registered Users (C)
I desperatelly need help.

I got a job in the US. I am a Canadian citizen

Bachelor degree in commerce and many science courses and seminars.

Experience in pharmaceutical (clinical)

Job in the US: Manager of clinical.

What should my TN classification be?

I showed up at the border crossing just to ask for advise, the agents were extremelly friendly and cooperative.

The company sponsoring me classified my TN as pharmacologist, to my surprise the agents told me that I am qualified as a pharmacologist but the job is a manager job and it does not qualify as pharmacologist.

Should i change the job classification?

I need advise!!
 
Sounds like they are indicating you would be better off applying as a Management Consultant.
If you're managing people and not doing the direct pharmacological work that would be the correct TN category.
The hiring company or its lawyers should have known this in advance.
 
Thanks for your response. Actually I will be doing pharmacological work but as a manager, managing people.

I don't know why the lawyers would not aplly for me as a management consultant!
 
A management consultant is not a manager. MCs give advice to companies in order for the company to solve problems, save money, increase productivity, etc. Unfortunately for you, TNs are primarily for worker bees, not for managers of people. I think you and your company need to work with a TN-experienced lawyer in order to craft a job description and offer letter that will satisfy one of the TN categories. When there isn't an exact match among your degree, the job, and a TN category, you run the risk of rejection. Proceed carefully. You want to get it right the first time, and not be one of the posters here who is asking for advice after two unsuccessful attempts.
 
Thanks Bill_S

The lawyers are indicating 50-50 chance. Assuming I get the TN this year, what happens next year?

I quit my job, sell my house, move my family and belongings to be told in 12 months that I can't get the TN.

Are there other options for Canadians who have found jobs in the US? The hiring company is commited to have my there, it's been 2 months now and they are still patient, how long until they lose patience?

What I'm trying to say is: Besides a TN (which is doomed to fail) are there other options?
 
There really are no other visa options, unless the H1 quota is reopened (which is unlikly). You will ahve to try to get a TN. Fretting about going to the border won't get you a TN.

Once in (or even before that) You could get them to sponsor you directly for Green card. You *could* get it all enough done before you needed a second TN, and work on EAD. They can start PERM right now if they wish.

But TN is not for every job, as Bill pointed out. The fact that you *could* get one and then *could* be denied makes it difficult for you:( . There is nothing stopping you from renting out your Cdn home. It is a great investment right now, even if you never go back to it.

But you need to get this 1st TN, then have firm work QUICKLY to get you to the statge where you can work on EAD.
 
Thank you to all who have responded so far... this is really appreciated.

What is EAD and PERM? Is that the equivalent of a green card?

I thought you can only apply for a green card if you have the H1B?

My plan was TN, then H1B, then green card?

Why would a company not sponsor me directly for a green card? are there restrictions? Quotas?
 
These questions are all basic. Please read other posts on this forum, or google terms yourself.
 
Sorry, I'm really new at this.

What are PERM and EAD? and why doesn't a company opt for this option when a TN visa is a problem.

Besides my position is permanent, Am I expected to lie to the officer? I'm not sure if there is anybody out there who experienced the same problem?

What are companies suppossed to do if they need a foreigner to fill a permanent position?
 
Okay,

I think you need some help here.

First, TN is a status and not a visa.

Second, getting the TN is sometimes just semantics in how the letter is written. You could be a pharmacologist showing the technical aspects of the job. Managing people might just be a secondary part.

PERM is the process through the Department of Labor (DOL) whereby a company advertises for your position through a variety of sources and then gets the DOL to certify that at that point in time, there were no Americans that could fill the position - this process takes about four months total to complete.

Once this is done and depending on your background you would generally fall in one of two categories EB2 or EB3. EB2 is for people who have a master's degree or a bachelor's degree with five years of progressive experience in their field ( the second is a little more difficult to deal with but not insurmountable). This category is current which means that if you get through you PERM process, you can have your company process the rest of the paperwork in about a year.

The EB3 category is for people that have a bachelors degree but not necessarily any other progressive experience. This category is backlogged and has about a two and half year wait. So don't expect anything to happen for at least three years.

You need to really spend a lot of time learning about this and asking tons of questions.

The only other way would be through an H-1B visa. There are only 65,000 available for bachelors degrees and 20,000 available for people with a U.S. Master's degree.

Once these are gone in a year, the next crop will not be available until April of the next year. In addition to this, even if it gets approved, it doesn't become effective until October. I'll put it in perspective for you - this visa is so coveted that this year USCIS received 133,000 applications on April 2 and 3. Therefore they are already gone for this year.

So all I can tell you is get educated, educated and educated about this stuff.
 
You need to really spend a lot of time learning about this and asking tons of questions.
Click to expand...

Correct that: You need to really spend a lot of time learning about this and then ask tons of questions.
 
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