Hi tysonb,
Your first task will be to figure out if you qualify as a Canadian
NAFTA Professional Worker (or TN "Trade NAFTA" Visa) - if not, you'll
need a Temporary Work Visa. In either case, evidence of employment
from an employer is a requirement.
>>>>>>NAFTA
NAFTA Professional Job Series List:
http://travel.state.gov/visa/tempvisitors_types_temp_nafta.html#nafta_list
Requirements for Canadian Citizens:
"Canadian citizens usually do not need a visa as a NAFTA Professional,
although a visa can be issued to qualified TN visa applicants upon
request."
A Canadian citizen without a TN visa can apply at a U.S. port of entry
with all of the following:
· Request for admission under TN status to Department of Homeland
Security, Customs and Border Protection, US immigration officer;
· Employment Letter - Evidence of professional employment. See
Employment Letter below;
· Proof of professional qualifications, such as transcripts of grades,
licenses, certificates, degrees, and/or records of previous
employment;
· Proof of ability to meet applicable license requirements;
· Proof of Canadian citizenship- Canadian citizens may present a
passport, as visas are
not required, or they may provide secondary evidence, such as a birth
certificate. However, Canadian citizens traveling to the United States
from outside the Western Hemisphere are required to present a valid
passport at the port-of-entry;
· Fee of U.S. $50
http://travel.state.gov/visa/tempvisitors_types_temp_nafta.html#rcc
>>>>>>TEMPORARY WORK VISA
Immigration Classifications and Visa Categories:
http://uscis.gov/graphics/services/visas.htm
H-1B
"Classification applies to persons in a specialty occupation which
requires the theoretical and practical application of a body of highly
specialized knowledge requiring completion of a specific course of
higher education.
PETITIONS
"In order to be considered as a nonimmigrant under the above
classifications the applicant's prospective employer or agent must
file Form I-129, Petition for Nonimmigrant Worker, with the United
States Bureau of Citizenship and Immigration Services in the
Department of Homeland Security (BCIS). Once approved, the employer or
agent is sent a notice of approval, Form I-797. It should be noted
that the approval of a petition shall not guarantee visa issuance to
an applicant found to be ineligible under provisions of the
Immigration and Nationality Act."
APPLYING FOR THE VISA
"Applicants for temporary work visas should generally apply at the
American Embassy or Consulate with jurisdiction over their place of
permanent residence. Although visa applicants may apply at any U.S.
consular office abroad, it may be more difficult to qualify for the
visa outside the country of permanent residence."
REQUIRED DOCUMENTATION
Each applicant for a temporary worker visa must pay a nonrefundable
US$100 application fee and submit:
1) An application Form DS-156, completed and signed...
2) A Supplemental Nonimmigrant Visa Application, Form DS-157 provides
additional information about your travel plans. Submission of this
completed form is required for all male applicants between 16-45 years
of age...
3) A passport valid for travel to the United States and with a
validity date at least six months beyond the applicant's intended
period of stay in the United States...
4) One (1) 2x2 photograph...
5) A notice of approval, Form I-797.
http://travel.state.gov/visa/tempvisitors_types_temp_overview.html
Electronic Visa Forms:
http://evisaforms.state.gov/
>>>>>>Additional Links
TN NAFTA Home Page: A U.S. Immigration Permit For Canadians:
http://www.grasmick.com/nafta.htm#(b)%20REQUIREMENTS
Look at this graphic to see if your profession fits within the O-1,
TN-1 and/or the H-1B:
http://www.grasmick.com/options.gif
Use this flowchart to decide between the TN-1 and the H-1B:
http://www.grasmick.com/choices.gif
I hope this helps. If you have any questions, please post a
clarification request before closing/rating my answer and I'll be
happy to assist you.
Thank you,
hummer
Search Strategy:
I searched the US Department of State and the US Citizenship and
Immigration Services websites. |
Request for Answer Clarification by
tysonb-ga
on
29 Jul 2004 19:31 PDT
Hummer,
The grasmick site seems dated, and I want to be sure that the
information there is correct. Aslo, the gifs that you referenced are
hard to read in the specific area that I am looking:
Canadian without completed postsecondary education, but with several
years' experience.
I appreciate that answers that you provided, but I hope you can dig
toward the part above.
Thanks,
Tyson Baldwin
|
Clarification of Answer by
hummer-ga
on
30 Jul 2004 05:10 PDT
Hi Tyson Baldwin,
Thank you for your clarification. First, I'd like to apologize for the
grasmick links. The graphics are fuzzy for me too but I assumed it was
my internet connection (which has been extremely slow of late) and
that it would be ok for you. I only included them as an "additional
link", in the hopes that they would help to clarify the U.S.
government websites, but I never intended them to be your main source.
The first link in my answer is of utmost importance (and its source,
the U.S government, means that it is reliable and up-to-date). You
must "find yourself" on the Professional Job Series list in order to
qualify for a NAFTA visa. The closest I could find is a "Computer
Systems Analyst" but unfortunately your education level disqualifies
you.
Computer Systems Analyst
Post-Secondary Diploma or Post Secondary Certificate and three years? experience
http://travel.state.gov/visa/tempvisitors_types_temp_nafta.html#nafta_list
Therefore, you will need to look to the regular visa system (again,
the links I gave you are the U.S. government websites). Looking at the
Immigration Classifications and Visa Categories, there are two that
you may fit in.
H-1B Specialty Occupations, DOD workers, fashion models
H-2B Temporary worker: skilled and unskilled
http://uscis.gov/graphics/services/visas.htm
However, H-1B:
"Classification applies to persons in a specialty occupation which
requires the theoretical and practical application of a body of highly
specialized knowledge requiring completion of a specific course of
higher education.
http://travel.state.gov/visa/tempvisitors_types_temp_overview.html
That leaves H-2B:
H-2B classification applies to temporary or seasonal nonagricultural
workers. This classification requires a temporary labor certification
issued by the Secretary of Labor (66,000);
PETITIONS
"In order to be considered as a nonimmigrant under the above
classifications the applicant's prospective employer or agent must
file Form I-129, Petition for Nonimmigrant Worker, with the United
States Bureau of Citizenship and Immigration Services in the
Department of Homeland Security (BCIS). Once approved, the employer or
agent is sent a notice of approval, Form I-797. It should be noted
that the approval of a petition shall not guarantee visa issuance to
an applicant found to be ineligible under provisions of the
Immigration and Nationality Act."
APPLYING FOR THE VISA
"Applicants for temporary work visas should generally apply at the
American Embassy or Consulate with jurisdiction over their place of
permanent residence. Although visa applicants may apply at any U.S.
consular office abroad, it may be more difficult to qualify for the
visa outside the country of permanent residence."
REQUIRED DOCUMENTATION
Each applicant for a temporary worker visa must pay a nonrefundable
US$100 application fee and submit:
1) An application Form DS-156, completed and signed...
2) A Supplemental Nonimmigrant Visa Application, Form DS-157 provides
additional information about your travel plans. Submission of this
completed form is required for all male applicants between 16-45 years
of age...
3) A passport valid for travel to the United States and with a
validity date at least six months beyond the applicant's intended
period of stay in the United States...
4) One (1) 2x2 photograph...
5) A notice of approval, Form I-797.
http://travel.state.gov/visa/tempvisitors_types_temp_overview.html
There is one other possibility and that is the Green Card Lottery.
Every year, the U.S. holds a lottery (really!) for available green
cards (work visas). However, Canada is often left off of the list of
eligible countries because its quota of the number of work visas
issued in a given year has already been filled. The next lottery,
DV-2006, and the official list of eligible countries will be announced
in August.
Diversity Visa Program
"The Congressionally mandated Diversity Immigrant Visa Program makes
available 50,000 permanent resident visas annually, drawn from random
selection among all entries to persons who meet strict eligibility
requirements from countries with low rates of immigration to the
United States."
http://www.travel.state.gov/visa/immigrants_types_diversity.html
"The dates for the registration period for the DV-2006 lottery program
will be widely publicized during August 2004."
"Natives of the following countries were not eligible to participate
in DV-2005: Canada..."
http://travel.state.gov/visa/immigrants_types_diversity2.html
Additional Link:
Classes of Aliens Ineligible to Receive Visas:
http://travel.state.gov/visa/frvi_waivers.html
---
As things stand now, I think your options are limited to an H-2B visa
(you must have a promise of employment first) or the lottery (if
Canada is eligible). I hope you consider going back to school to earn
your postsecondary diploma because then you would qualify for a NAFTA
visa:
Computer Systems Analyst
Post-Secondary Diploma or Post Secondary Certificate and three years? experience
http://travel.state.gov/visa/tempvisitors_types_temp_nafta.html#nafta_list
I hope I've been able to clarify my answer for you, but if you have
any more questions, please do not hesitate to get in touch with me
again (there are no limits to the number of clarification requests
that you can post).
Regards,
hummer
|
Request for Answer Clarification by
tysonb-ga
on
30 Jul 2004 06:08 PDT
Hummer,
I have several post secondary tech certificates. I just do not have a
post secondary degree. Did you come across anything that shows what
is acceptable for a certificate?
The certificates that I have are:
Microsoft certified professional
Certified Novell administrator
I am curious to know if these qualify as post secondary certification.
Thanks - This should be my last clarification :)
Tysonb
|
Clarification of Answer by
hummer-ga
on
30 Jul 2004 10:49 PDT
Hi Tysonb,
Well, I was all set to break out the champagne, until I read the
following - "In other words, if you are trying to get a TN visa as a
SYSTEMS ANALYST and you have a 1 year "certificate", or Novell
Certification, or MS Certification and 5 years experience, there is a
100% chance you will NOT be granted a TN visa."
"...In other words, if you are trying to get a TN visa as a SYSTEMS
ANALYST and you have a 1 year "certificate", or Novell Certification,
or MS Certification and 5 years experience, there is a 100% chance you
will NOT be granted a TN visa. The same with having a 2 year diploma
and 2.5 years experience - again - look carefully at the requirements
(shown at the end of the page). If you meet the requirements, you
will be granted a visa. If you are "borderline", or your definition
of experience differs from theirs, then you might have a problem."
"WARNING: Jobs classified as COMPUTER PROGRAMMER do NOT qualify for a
TN-1 visa. If you have accepted a position for such work, your offer
of employment must state the position to be for a COMPUTER SYSTEMS
ANALYST, and your duties must be that of a Systems Analyst. A Systems
Analyst (DOT definition) is currently the only IT related position
that qualifies for a TN-1 visa."
" - Systems Analyst (DOT definition) - a post secondary diploma of at
least 2 years of study is required. The Red River Community College 2
year program Computer/Analyst Programmer qualifies. In addition, you
MUST have 3 full years of experience in this same field, either
before, during, or after your schooling has completed if you only have
a diploma. (Persons with a 4 year university degree do not require any
work experience.) Work experience obtained during your study period
can qualify if such a position is a paid position, and you have a
letter, or documents proving such work experience was related to this
field of study. Be prepared to show proof of your three years
experience by providing original documents such as employment records,
letters of recommendation showing time/date range worked, etc. Your
experience must be stated as a Computer Systems Analyst (or
Programmer/Analyst). Experience as a "Programmer" may require
immigration officials to determine if such experience, on an
individual basis, relates to a Computer Systems Analyst. If they
determine that such experience as a programmer does not "close enough"
fit the description (as per actual NAFTA documents and regulations) of
Computer Systems Analyst, they can and will deny you your TN-1 VISA."
http://www.canadatotwincities.com/visa.html
I wish I had better news for you -
Take care,
hummer
|
