Asked in Immigration Law

Q: Can I get a job offer in the USA then later permanent residency?

I have a 3-year Canadian advanced diploma in Business Administration - Marketing. I have one year of work experience. Which work visa do I qualify for?

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4 Lawyer Answers

A: Hi there, you may be eligible for NT-1 visa if you are Canadian Citizen - depending on your degree and if your employer will petition you for an occupation which is qualified under the TN-1 category occupations. You may be also eligible to apply for permanent residency based on labor certification if you have a U.S. petitioner. This is your starting point - but for more information on your specific situation you should consult with an experienced immigration attorney.

A: Perhaps, none. You will need an employer willing to pay an average wage, as determined by the U.S. Department of Labor. You will also need to fill a job that requires a bachelor’s degrees or the equivalent in marketing unless you somehow fit within a narrow category within the TN visa program. Yet, the H1b lottery entries ended on March 20, 2020, so that does not seem like an option to consider.

I you have concerns, I strongly recommend an appointment with a competent and experienced immigration/visa attorney before there are any complications.

The above is general information, not legal advice, and does not create an attorney client relationship.

A: Perhaps, none. You will need an employer willing to pay an average wage, as determined by the U.S. Department of Labor. You will also need to fill a job that requires a bachelor’s degrees or the equivalent in marketing unless you somehow fit within a narrow category within the TN visa program. Yet, the H1b lottery entries ended on March 20, 2020, so that does not seem like an option to consider.

If you have concerns, I strongly recommend an appointment with a competent and experienced immigration/visa attorney before there are any complications.

The above is general information, not legal advice, and does not create an attorney client relationship.

Hector E. Quiroga
PREMIUM
Answered

A: That’s hard to say. It probably depends on your specific skill set within that field. You will need to develop a relationship with an employer in the US, and once you’ve done that, the employer needs to show why your skill set is unique and why no one from the available labor pool possesses it. You probably want to try for a nonimmigrant visa first, such as a TN visa, then go from that to an immigrant visa.

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