Canadian offered a job in Texas - Next steps?!!

[INFAMOUS 0]

Hey All,

Nice forum you have here. Normally I am on car forums as part of my hobby but now I am here for my career! I am 28 years old and married (both Canadian Citizens). Have been looking to relocate to the U.S. for some time. I spent 2 years in Florida under a TN-1 visa about 5 years ago.

I was just offered a job with TxDOT (Texas Department of Transportation) as a Business Systems Analyst. - I possess 2 associate degrees, a bachelors and master degree all I.T. Related.

Although I am a perfect candidate for an H1B - TxDOT cannot sponsor me as part of their policy so it is up to me to get a visa on my own as they will not sign any applications for VISAs.

What are the best steps to take at this point? My wife I know would be able to come under any visa I get and she can find employment later.

Back in 2005 the TN1 was good for only a year indefinitely and the job was to be "temporary" in nature. I have noticed since it can be approved for 3 year periods now. As the TN is easiest to acquire can I get it with a full-time job offer from TxDOT or does it HAVE to be classified as temporary? 3 years is a long time and I am sure I will have moved onto something else in that amount of time.

Any input is greatly appreciated. Thanks in advance.

Edited May 14, 2010 by INFAMOUS

[BriCar 0]

If you take the temporary 3 year visa that will give you lot's of time to find an employer who will offer you a job and hold it for you while you go through an immigration process probably a Labor Certification for a permanent green card.

I did it in 1989 maybe it's changed some so retaining a competent immigration lawyer to help you might be an idea.

Lot's of rust free cars left in the US that's what I like!

[INFAMOUS 0]

If you take the temporary 3 year visa that will give you lot's of time to find an employer who will offer you a job and hold it for you while you go through an immigration process probably a Labor Certification for a permanent green card.

I did it in 1989 maybe it's changed some so retaining a competent immigration lawyer to help you might be an idea.

Lot's of rust free cars left in the US that's what I like!

Yea, that's what I was planning to do. I just want to know how I say I am not going to stay "permanently" when I apply for the TN1 as the job offer is full-time permanent? Do I just say I am taking the offer for job experience and plan to come back to Canada?

[Darnell 8,478]

I am surprised TxDot offered you the job - there are residency requirements to be a Texas State Worker.

[BriCar 0]

Yea, that's what I was planning to do. I just want to know how I say I am not going to stay "permanently" when I apply for the TN1 as the job offer is full-time permanent? Do I just say I am taking the offer for job experience and plan to come back to Canada?

At this point it seems like your going to work with a temporary (up to 3yrs) visa on a job that is classified by the the employer full time permanent. Obviously because they need your skills right now. How long did they say the job is for? Won't you officially be a temporary worker doing a permanent job?

So it's a foot in the door while your in Texas you might be approached by a company that needs your skills that will jump on the permanent immigration bandwagon with you since the state won't.

If something does not change while you're there you will be coming back to Canada with some job experience from Texas.

just my 2 cents worth...

[INFAMOUS 0]

At this point it seems like your going to work with a temporary (up to 3yrs) visa on a job that is classified by the the employer full time permanent. Obviously because they need your skills right now. How long did they say the job is for? Won't you officially be a temporary worker doing a permanent job?

So it's a foot in the door while your in Texas you might be approached by a company that needs your skills that will jump on the permanent immigration bandwagon with you since the state won't.

If something does not change while you're there you will be coming back to Canada with some job experience from Texas.

just my 2 cents worth...

Job is permanent. I actually had 2 interviews for 2 different jobs with them and each are well aware I am not a resident. I have all the forms here of the job offer/ physical exam/ background check etc.

The question I have here is will I be granted a TN for this job as it is not "temporary in nature" and is permanent full time? I know that beforehand TNs are approved only for a "temporary role" so that they know you won't be staying in the country. In 2005 they were only good for a year (renewable, but still my letter had to say my employment would not be lasting more than a year at a time).

I just want to know for sure I can go on the TN, my wife can follow on the TD and then I can scout for a company that is able to sponsor me so I can get H1-B Status.

Edited May 15, 2010 by INFAMOUS

[canadian_wife 1,822]

I think since the TN visa is issued at the Port of Entry and is up to the discretion of the CBP agent, we cannot tell you FOR SURE whether you will be issued a TN visa. Perhaps you should try a POE that is in Canada in case the agent requires futher evidence of your intent to reside in Canada - you can get the information more quickly. Do you have any ties to Canada that you can show?

Good luck

[INFAMOUS 0]

Ties here would just be family and friends....

[Mestis 1]

Job is permanent. I actually had 2 interviews for 2 different jobs with them and each are well aware I am not a resident. I have all the forms here of the job offer/ physical exam/ background check etc.

The question I have here is will I be granted a TN for this job as it is not "temporary in nature" and is permanent full time? I know that beforehand TNs are approved only for a "temporary role" so that they know you won't be staying in the country. In 2005 they were only good for a year (renewable, but still my letter had to say my employment would not be lasting more than a year at a time).

I just want to know for sure I can go on the TN, my wife can follow on the TD and then I can scout for a company that is able to sponsor me so I can get H1-B Status.

Yes, you can have a "permanent" job and be on an TN. I would know, I've done it.

What is important tho, is that, in the letter, the company words it in a way that says that they requesting the visa for 3 years, and that they understand that once your employment is over, you intent to return to Canada.

However, verify if for them writing that TN letter is against their policy or not. I've encountered a company that was about to hire me, but refused to "sponsor" me for a TN, even if as you know, the TN is just a letter saying that you will be working for them. I was offering to pay for the "visa" and the trip, they did not want to do it.

[INFAMOUS 0]

Yes, you can have a "permanent" job and be on an TN. I would know, I've done it.

What is important tho, is that, in the letter, the company words it in a way that says that they requesting the visa for 3 years, and that they understand that once your employment is over, you intent to return to Canada.

However, verify if for them writing that TN letter is against their policy or not. I've encountered a company that was about to hire me, but refused to "sponsor" me for a TN, even if as you know, the TN is just a letter saying that you will be working for them. I was offering to pay for the "visa" and the trip, they did not want to do it.

Excellent, this is exactly the information I was looking for. They will not do an H1-B sponsor as they would have to cover moving costs home in the event i was fired. But there is nothing in their policies about a TN letter. Thanks for the info.

[INFAMOUS 0]

Just an update on this...

I took my job offer letter and all my degrees/diplomas to the border, I was redirected to another crossing to meet with a NAFTA specialist the next morning. So after about 5 hours of total waiting I have my 3 year TN Visa. Glad I was pro-active and got it done beforehand. We will be leaving to move down later this month and my wife will be joining me on a TD for now.

Hopefully she can find work and apply for her own TN or she may decide to do an L1 and transfer her business down to the US. We will sort out all that stuff one we're there. For now we have 2 weeks to pack/close our house and store what we are not bringing!

Thanks to all for the info.