Work question for spouse of a TN-1 visa holder

[forestfauna 0]

Hello everyone, I am hoping someone can help with a few questions.

My wife and I are Canadian citizens. My wife is entertaining a contract offer from a company in the northeastern U.S.. They are willing to do the TN-1 visa for her, and then pursue an HB type visa afterwards.

Myself and our three children (all under the age of 10) will be coming as well.

I realize that I will be unable to work once I am in the United States. So, how do I become eligible for work? What type of visa options are available to me? I know that there is the TN-1 if an employer is willing to offer me a job, but are there other avenues?

A bit of info about myself:

- I hold two undergraduate degrees and a masters degree

- I have worked as a wildlife biologist for the past 9 years, for federal and provincial governments, non-profits, and as a private consultant.

I am fully willing to do some volunteer work for local organizations in my field in order to gain contacts and experience in the area when we first arrive, but my career will be affected greatly if I have do it long-term without employment.

Any help or guidance would be appreciated, thanks!

[canadian_wife 1,823]

I believe 'biologist' is also a TN visa job correct?

good luck

[Boiler 45,666]

You go about it the same as your wife did, find an Employer willing to Sponsor you.

[forestfauna 0]

"I realize that I will be unable to work once I am in the United States. So, how do I become eligible for work? What type of visa options are available to me? I know that there is the TN-1 if an employer is willing to offer me a job, but are there other avenues?"

I am already aware that my education and experience fall into the TN-1 category.

I am also aware that if I can find an employer to sponsor me, I can apply for a TN-1.

I have been looking for jobs in the U.S for the past few months, but it seems ones where they are willing to get the visas for you are few and far between.

I was asking if there are other options once I am there other than the TN-1.

[canadian_wife 1,823]

Since your derivative status does not allow you to work, nor does a TN visa allow for adjustment of status to a permanent resident I believe your option would be to find an employer yourself.

I am not sure what else you are looking for, a loophole to allow you to work?

good luck

[forestfauna 0]

No loophole. I was wondering if there are visa types I can apply for while there, or if finding an employer willing to sponsor me on a TN-1 is my only option.

[Boiler 45,666]

Your Employer applies.

There is a whole host of Visa types, H1b and L come to mind plus the investment variety.

[jan22 3,056]

No loophole. I was wondering if there are visa types I can apply for while there, or if finding an employer willing to sponsor me on a TN-1 is my only option.

You cannot apply for a visa in the US -- visas are only processed outside the US; you would be doing a Change of Status (i.e., changing from one non-immigrant category to another). You could not begin to work until that change is granted and it can sometimes take a long time. You would be better served by finding a position that would qualify you for a work visa and then return to Canada and re-enter in the new status. You could then begin work immediately.

Your choices, though, are pretty limited. There is no way you would get an H1B visa until at least October 2014, since they are numerically limited, and all the numbers for the new year beginning October 2013 are taken. The TN is an option, but you already know that. It also has the added benefit of not requiring a petition and can be granted to Canadian citizens at the POE as long as the employment offer is properly documented.

If you have any desire to be an independent businessman, you could look into the non-immigrant E visas (Treaty Trader/Treaty Investor). They allow you to enter the US to work in your own business, but there are some requirements on investing in the business or in establishing the proper level of international trade. Don't know what would be possible as a biologist, but it's an often overlooked visa category.

I assume (no offense intended) that you're not a journalist for the foreign media (so an "I" is out), that you're not a world renowned field (so an "O" is unlikely), that you don't have any performing talent in the arts or sports (so a "P" is out), that you aren't qualified for/interested in pursuing a religious vocation or religious worker position (so an "R" is out). If you are any of those things, those visa types all let you work in the US, but usually also require you to have an employer or a specific schedule.

Unfortunately, many volunteer positions are also considered "work" by US immigration, so be careful on that, too. Good luck!

[forestfauna 0]

Thanks, I appreciate all of the help. It all becomes part of the decision process on whether we want to make the move or not.

So, do I HAVE to leave the US and re-enter if I am offered employment under a TN-1? Or can it be processed without me leaving the country? I am just thinking that with my wife working full time and with three kids, leaving and re-entering could be difficult to pull off.

[jan22 3,056]

Thanks, I appreciate all of the help. It all becomes part of the decision process on whether we want to make the move or not.

So, do I HAVE to leave the US and re-enter if I am offered employment under a TN-1? Or can it be processed without me leaving the country? I am just thinking that with my wife working full time and with three kids, leaving and re-entering could be difficult to pull off.

You don't HAVE to -- it's just faster. Applying for a Change of Status can takes weeks/months and you can't start working until the change is approved.

[Boiler 45,666]

Begs the question if you do not have the time to make a quick trip, how are you going to hold down a full time job?