united states visa options for canadian citizens

A friend of mine is currently interviewing at a software company in California. One of the interview questions they asked her to be prepared to answer was if she would qualify for a visa. She freaked! Where was she going to get that information? I advised her to check out two options:

TN-1 Visa is a special immigration status under the North American Free Trade Agreement (NAFTA) which allows you to work under a limited set of occupations, for one year, renewed annually, no limit to the number of renewals, not for permanent residency. A nice overview of the TN can be found here. The specific requirements can be found here but generally include the following:

• A request for admission under TN status
• Employment Letter for one of the approved occupations under NAFTA
• Proof of professional qualifications for one of the approved occupations under NAFTA (transcripts, licenses, certificates, degrees, etc. – check out examples here
• Proof of ability to meet applicable license requirements and/or work experience requirement (usually in the form of letters from former employers)
• Proof of Canadian citizenship (e.g. passport)
• Poof that their stay is a temporary period that has a reasonable, finite end that does not equate to permanent residence

Or you can apply for an H-1B Visa ( http://en.wikipedia.org/wiki/H-1B_visa ). The specifics are found here. This one is a bit more strict on the education guidelines, is for a three year period, can only be renewed once but allows you to apply for a green card while you are there. Again, it is for certain occupations.

For both visa’s you need to prove that you essentially have a theoretical and practical application of a body of highly specialized knowledge in a particular field that required you attaining a degree or designation for an occupation on ‘the list’.

The answer to the interview question? Look for your occupation and role, see if you have the professional qualifications and license or work experience requirements and answer honestly. If you believe you are eligible say yes but also note that nothing is guaranteed and that it is up to the discretion of the government agency. Hopefully the company you are applying for has a strong immigration lawyer that will help build your application.

Good luck!

PS: She got the job AND the TN Visa. Congratulations Tara!