F1-->H1B or TN or EB2

[Boiler 43,446]

OP asked about which visa, not immigrant category and a very new graduate is not an obvious applicant, but a specialist lawyer may well be.

[HollywoodNorth 22]

I can't honestly see how a law student graduate would qualify for an O1 visa unless they did something while in University that earned them a Nobel prize in business. Explain how that would work?

[Boiler 43,446]

Aren't all Lawyers law student graduates?

[HollywoodNorth 22]

I'm failing to see your point.

A lawyer with no experience, or international recognition, will be hard pressed to meet most of the requirements of an O1 Visa. It may be an option for the OP 10 years down the road but right out of school? Very highly unlikely.

[Boiler 43,446]

Never said it was.

[Harry_Pluxen 0]

Yes, all lawyers were law students at one point. I am aware of the EB 1 visas for extraordinary ability, not sure what the difference is between that and O1 - I'll have to look into it.

For the record, I will specialize in a certain field of law - probably tax law. Heck, I might even get an LLM in tax law, in order to specialize. That way I think the PERM test might run more smoothly.

Edited for clarity.

Edited February 24, 2016 by Harry_Pluxen

[caliliving 606]

Yes, all lawyers were law students at one point. I am aware of the EB 1 visas for extraordinary ability, not sure what the difference is between that and O1 - I'll have to look into it.

For the record, I will specialize in a certain field of law - probably tax law. Heck, I might even get an LLM in tax law, in order to specialize. That way I think the PERM test might run more smoothly.

Edited for clarity.

as a lawyer it depends on experience.. you dont need to specialize.. if you want to be a tax lawyer, look up the best lawyer in tax law and work under him! intern for FREE!!! never intern just to intern.. intern with a purpose:) under a great company or a great lawyer!!! use that to stand out!

an example will be Lizz Cannon who wokred under Laurel Scott!!!! laurel was the BEST immigraiton waiver lawyer and basically lizz worked under her and got her experience and charges a bit less but people love lizz becuase she is nice and more personable:)

a LLM is just giving money for free to a college...no one pays for the letters after your name

you wont know what you want to specialize in until you get an internship and more experience in that field.

no one hires a lawyer because they have credentials, they hire them because of their track record and can get their client that proven result!!!

everything you do or put on your resume needs to be with a purpose.. just remember that:) no one will call you because you have an LLM! or because you have a JD! they want to hear how you can help them! and what your success story is! work under a great lawyer and get that great experience and use it:)

[Dakine10 5,452]

Hello all, please forgive me if I am not following proper procedure; I am a new member on these forums and this is my first post.

I have recently graduated from University in Canada and have been accepted with scholarships to several US law schools and am planning to attend as of the fall this year. Obviously I will be on an F1 student visa for the next three years until I graduate in 2019.

Ideally I want to establish permanent residency in the USA after graduation. Because of my situation (and because I am, afar all, going to law school) I have already done some preliminary research into USA immigration law. From what I understand I will qualify for the TN visa , H1B visa and a Green card (EB 2 in all likelihood) upon graduation, provided that I have a job lined up, of course.

The way I see it, getting an immediate EB 2 green card is the best option, but probably the most difficult to obtain at first because of the PERM test requirements. Also, I would have to be on a temporary visa while my employer petitions the DOL and UCSIS for the Green Card. It seems to me that an employer would be more likely to not find a qualified US worker through the PERM test if I have some sort of specialization in a niche area of law or some amount of work experience under my belt.

That brings me to either the H1B visa, for which I believe I qualify for the extra 20, 000 "professionals" category, or the TN visa and then marriage to an American citizen. I am discouraged from pursuing the second option because I am afraid of being caught seeking a GC while on a TN visa, since TN does not allow for dual intent. There's also the matter of finding the right wife, of course.

Are there any people here who have experiences similar to that which I am considering here when entering the US?

Thanks!

It is possible to go from Tn status to green card. The main issue, as you already stated, is Tn status does not allow immigrant intent at the time of entry.

There is a attorney named Joseph Grasmick who used to do a lot of Tn to green card cases. His website is still up but it looks like it hasn't been updated since the last time I looked at it which was probably 4 or 5 years ago. There is still a lot of information there though.

[caliliving 606]

yes you can go TN --> greencard

[NikLR 13,220]

yes you can go TN --> greencard

If there's a reason like you're married or you're switching to a visa type that goes to green card. Innately, however, TN is not dual intent.

[Boiler 43,446]

Most visa's allow dual intent, a few specifically do not and few specifically do.

[caliliving 606]

If there's a reason like you're married or you're switching to a visa type that goes to green card. Innately, however, TN is not dual intent.

their are people on here that go TN -> greencard through marriage so it happens.. but no, you can not go TN to a company based greencard.. but yes, to a marriage base you can.

yes, TN is not supposed to be dual intent, but their is no law that makes you go back to canada and wait out your time whle your GC is pending.. my friend has been on multiple TNs as a nurse and has never had a problem! they never asked her ties to back home or anything! perhaps depending on the TN certain classes are more scrutinized, i am not sure, but if you meet someone in america while on a TN i know you can AOS through marriage from a TN as people on VJ have done so.

[Boiler 43,446]

Companies can and do sponsor TN Visa holders to GC.

[caliliving 606]

Companies can and do sponsor TN Visa holders to GC.

ahhh interesting.. i had no idea you could get a company based GC off a tn... just wondering how that works? i actually thought you would have to go to h1b first and then gc

[Boiler 43,446]

No different to say EB3.