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Canadian Work Visa Question

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Sorry, but the others are correct. There simply isn't a visa category available for what you are asking. You would need to, as a company, sponsor him/her for a work visa. To do so, you have to prove that there is no qualified resident able to fulfill the work. As much as you find that particular resource irreplaceable, it's about the position, not the individual. There are plenty of other qualified social media managers in the US, whether you need this particular one or not. The chance of success there is very slim to none, and it's not quick or cheap.

 

If he/she is really that good, then they can apply for an O1 visa on their own as an exceptional talent. But be prepared for a long and quite expensive journey. It's a category for people with world-renowned talents. It's like what an Olympian or Hollywood star would use. It's not limited to them by any means, but that's the scale we are talking (and proof of those level of achievements is necessary).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: Wales
Timeline

There are a few options, O1 seems the obvious choice but definitely have a chat with your Immigration Lawyer.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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You should get a lawyer. It depends on a lot of things, like does this person have a bachelor or master degree? How many years experience does this person have? Then there is the issue of defining what this person does. Lawyers can define what the person does in a way that there seems as if nobody else does that in the U.S. Hey, they are lawyers and that is why companies pay them a lot of money. 

 

That said, I agree with others that it could be hard. 

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8 hours ago, Boiler said:

There are a few options, O1 seems the obvious choice but definitely have a chat with your Immigration Lawyer.

 

 

O1 sure seems like a stretch...

 

The critical part is if this work position can be filled by a US citizen which of course it can be.

 

But hey, OP can try. It's his money. And as someone else has mentioned there are no more 2017 work visas available.

 

2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

2019-06-04 New biometrics letter received

2019-06-10 Biometrics

2019-06-18 ROC Approved
2019-06-25 10 year Green Card in hand

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Filed: Other Country: Canada
Timeline
8 hours ago, Coco8 said:

You should get a lawyer. It depends on a lot of things, like does this person have a bachelor or master degree? How many years experience does this person have? Then there is the issue of defining what this person does. Lawyers can define what the person does in a way that there seems as if nobody else does that in the U.S. Hey, they are lawyers and that is why companies pay them a lot of money. 

 

That said, I agree with others that it could be hard. 

Those things aren't really pertinent to this situation as there's no visa category for this job unless they're internationally renowned

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Filed: Citizen (apr) Country: Canada
Timeline

The simple answer is the one everyone has previously stated that this is just simply not possible.  

 

To me, your insistence that it has to be this specific person almost makes it seem like there is some sort of ulterior reasoning to your persistence. 

 

You can seek the advice of an attorney but I'd wager they will tell you the exact same thing everyone else has.  

 

The only other avenue for work visas would be intracompany transfers however I suspect you would not only need to be incorporated in Canada, but also meet some sort of enterprise size standards.  Immigration is not an easy thing even when you have a clear cut path. 

 

Additionally, going back to your want for this individual, it IS 2017, so there are plenty of options available for having them interact with your team on a daily basis while being remote such as conference calls and skype, go to meeting for screen sharing etc. If it's really just about having that person, you'll make it work remotely.  I believe (though not sure) that may open doors for applying for temporary status to come to the US for a short period of time to work (i.e. a specific event or a 2-day workshop etc.) but echoing the others who posted previously with no more available work visas and not meeting the extraordinary standards, you have to make it work remotely OR hire an American.  There are SO many talented creative minds here. 

 

Best of luck.

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Filed: K-1 Visa Country: Wales
Timeline
2 hours ago, Loki_Go said:

 

 

O1 sure seems like a stretch...

 

The critical part is if this work position can be filled by a US citizen which of course it can be.

 

But hey, OP can try. It's his money. And as someone else has mentioned there are no more 2017 work visas available.

 

Huh?

 

So wrong, seems a lot of people commenting have little to no knowledge on work visa's.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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17 minutes ago, Boiler said:

Huh?

 

So wrong, seems a lot of people commenting have little to no knowledge on work visa's.

 

I read the description of the O1 visas and it seems like the person needs to have extraordinary abilities and/or indispensable to particular events on a nationwide scale (or a spouse of such a person). Does it sound like social media falls under this description? There are so many people out there doing social media.

 

Is that the part of my post you feel is inaccurate?

 

2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

2019-06-04 New biometrics letter received

2019-06-10 Biometrics

2019-06-18 ROC Approved
2019-06-25 10 year Green Card in hand

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Filed: K-1 Visa Country: Wales
Timeline

Like I mentioned there are many types of work visa's and reading the description on the web is not the same as using a :Lawyer who knows what they are doing.

 

I know somebody here on a O1 who is a DJ, lots of people do that.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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But can that DJ bring along his YouTuber? :D
 

I see your point but I don't think they're nearly the same thing. Everyone and their niece can do social media. And they do.

 

I do agree it's worth a trip to a lawyer or two.

 

 

2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

2019-06-04 New biometrics letter received

2019-06-10 Biometrics

2019-06-18 ROC Approved
2019-06-25 10 year Green Card in hand

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I almost suspect OP is in a relationship with their social media person

 

2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

2019-06-04 New biometrics letter received

2019-06-10 Biometrics

2019-06-18 ROC Approved
2019-06-25 10 year Green Card in hand

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Filed: Citizen (apr) Country: Canada
Timeline
19 minutes ago, Loki_Go said:

I almost suspect OP is in a relationship with their social media person

 

Exactly what I thought.  Just the persistence and almost desperation to find any way to get them here instead of accepting that it's not possible or to have them work remote.  Just didn't sit quite right. 

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2 hours ago, Loki_Go said:

I almost suspect OP is in a relationship with their social media person

 

Thought the same thing lol.

It's not uncommon for people trying to bring their partners on the work/student visa to avoid the K1 or CR1 route. It happened a lot on this forum. For whatever reason, some people think it's a better way.

 

To people suggesting the O-1 visa. Extraordinary abilities. With all due respect, but creating online content and posting it on the social media is hardly an extraordinary ability, lol.

Comparing it to DJ's work isn't good either. DJ can be a music artist, creating original tunes, etc. Posting pics on facebook doesn't compare well to that. (Yes, I read the responsibilities of the social media manager:

  • writing and scheduling posts
  • running ads
  • replying to fans
  • creating graphics

Nothing extraordinary here IMO. Don't give a guy a false hope.

Edited by Roel

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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