Ashwin Sharma is an Immigration Lawyer who caters to the special needs of the Indo-American population. He is based in Jacksonville, Florida and represents clients in Florida, Georgia, Texas, Canada, India and the U.K. He can be reached at
904-779-0111 or jaxlawyer@gmail.com.
Click here to visit Sharma’s new website, www.immigrationfirm.net for detailed information on Immigration topics.
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The TN Professional Visa for Canadian Citizens
The TN visa allows a Canadian citizen to enter the United States to fill a professional occupation that is on the NAFTA eligibility list (see below) for a U.S. employer/sponsor. This visa is similar in nature to the H-1B visa, but does not require the employer to pay a ‘prevailing wage’ or high government fees. It is also shorter in duration than the H-1B - yearly renewals of the TN visa are necessary.
The TN visa is an excellent option for employers to bring employees to the U.S., especially during period of H-1B visa unavailability. A TN visa holder can easily change their status to H-1B in the future. Many industries, particularly IT, sciences and medicine benefit from the flexibility TN visas allow.
Eligible Occupations for TN Workers
Accountant
(baccalaureate, CPA, CA, CGA, or CMA)
Agriculturist/Agronomist
Animal breeder
Animal Scientist
Apiculturist
Architect (baccalaureate
or state/provincial license. Also see Landscape
Architect, below)
Astronomer
Biochemist
Biologist
Chemist
Computer systems analyst
Must have:
baccalaureate or
post secondary diploma
*and three years' experience
Dairy Scientist
Dentist (DDS, DMD, or
state/provincial license)
Dietician
(baccalaureate or state/provincial license)
Disaster Relief Insurance
Claims Adjuster Must have:
baccalaureate or 3
years' experience in claims adjustment, and
completed training in
appropriate areas of insurance adjustment
pertaining to disaster relief claims
Economist
Engineer (baccalaureate
or state/provincial license)
Entomologist
Epidemiologist
Forester (baccalaureate
or state/provincial license) (Also see Sylviculturist,
below)
Geneticist
Geochemist
Geographer
Geologist
Geophysicist
Graphic Designer Must
have:
baccalaureate or
post secondary diploma
*and three years' experience
Horticulturist
Hotel Manager Must
have:
baccalaureate in
hotel/restaurant management or
post secondary diploma
* in hotel/restaurant management and three
years' experience in hotel restaurant
management
Industrial Designer Must
have:
baccalaureate or
post secondary diploma
*and three years experience
Interior Designer Must
have:
baccalaureate or
Land Surveyor
(baccalaureate or state/provincial/federal
license)
Landscaping Architect
Lawyer (member of
state/provincial bar, or LLB, JD, LLL, or BCL)
Librarian (MLS, or BLS.
BLS must be one for which another baccalaureate
degree was a pre-requisite)
Management Consultant
Must have:
baccalaureate or
five years' experience in consulting or related field.
Mathematician
Medical Technologist/Medical
Lab Technologist (Canada)/ Must have:
baccalaureate or
post secondary diploma
*and three years' experience
(U.S. job must be in a laboratory to perform chemical,
biological, hematological, immunologic, microscopic,
or bacteriological tests, and analyses for
diagnosis, treatment or prevention of disease)
Meteorologist
Nurse, Registered (must
have state/provincial license)
Nutritionist
Occupational Therapist
(baccalaureate or state/provincial license)
Oceanographer
Pharmacist
(baccalaureate or state/provincial license)
Pharmacologist
Physician (teaching
and/or research only, MD or state/provincial
license)
Physicist
Physio/Physical Therapist
(baccalaureate or state/provincial license)
Plant Breeder
Poultry Scientist
Psychologist (must have
state/provincial license. Cannot qualify with
just baccalaureate degree)
Range Manager/Range
Conservationist
Recreational Therapist
Research Assistant (baccalaureate
and U.S. job in a post-secondary educational
institute)
Social Worker
Soil Scientist
Statistician
Sylviculturist/Forestry
Specialist (also see Forester, above)
Teacher (baccalaureate
degree: must be coming to work for a college,
seminary or university only); no secondary or
elementary school teaching.
Technician or Technologist,
Scientific. (E.g.: Electronic engineering
technician.) Must:
work in direct support
of professionals in one of these disciplines:
biology
chemistry
engineering
forestry
geology
geophysics
meteorology
physics
possess theoretical
knowledge of discipline, and
solve practical
problems in discipline, or apply principles of
the discipline to basic or applied research
Urban Planner
Veterinarian (DVM, DMV,
or state/provincial license)
Vocational Counsellor
Writer, Technical
Publications (Technical Publications Writer)
Must have:
baccalaureate or
post secondary diploma
*and three years' experience
Zoologist
TD Derivative Visa for Spouses & Children of TN Visa Holders
Spouses and children (unmarried children under the age of 21) who are accompanying or following to join NAFTA Professionals (TN visa holders) may receive a derivative TD visa. Applicants must demonstrate a bona fide spousal or parent-child relationship to the principal TN visa holder. Dependents do not have to be citizens of Mexico or Canada. Spouses and children may study but cannot work while in the U.S. unless they independently qualify for a visa allowing employment.
Canadian citizen spouses and children do not need visas, but they must have the following documents at the port of entry:
1. Proof of Canadian citizenship;
2. Proof of relationship to the principal applicant, such as marriage certificate and birth certificate; and
3. Photocopies of entry documents of the principal applicant.
If the spouse and children are not Canadian citizens, they must get a TD nonimmigrant visa from a U.S. embassy or consulate. They must contact the U.S. embassy or consulate that serves their area for information on how to make visa applications.
Spouses or children following to join must show a valid I-94, thereby providing proof that the principal TN visa holder is maintaining his/her TN visa status.
Education Requirement The applicant's employer must submit proof that the applicant meets the minimum education requirements or has the alternative credentials set forth in NAFTA agreement, Chapter 16 Appendix 1603.d.1. Evidence of professional qualifications may be in the form of degrees, certificates, diplomas, professional licenses, or membership in a professional
organization. Degrees, diplomas, or certificates received from an
educational institution outside the United States, Canada, or Mexico must be accompanied by an evaluation by a reliable credentials evaluation service specializing in evaluating foreign documentation.
Work Experience Requirement Document proving to the applicant's experience should be in the form of letters from former employers. If the applicant was self-employed, business records should be submitted proving that self-employment.
Please visit my website, www.immigrationfirm.net
with any further questions regarding the TN visa.
READERS'
QUESTIONS
Documents to Carry for Visa
Interview
Dear Ashwin,
We are citizens of India.My elder son aged 25 is Masters from Stanford University. My wife and I are
permanent residents of USA and we have applied for our son's Green card. My son's employer in California
has got him a H1B visa in 2004, but my son must leave USA and re-enter to validate his H1B Visa. He is now
planning to go to US Consulate in Toronto to get it stamped there. Our friends tell us that he being a
graduate from Stanford in Computer Science and having an H1B visa from employer, he should not have any
problem in getting his H1B validated. We are anxious. We applied for his H1B in Jan 2005. Do you have any
advice on documents that he must carry or other issues for a successful outcome at the Visa interview in
Toronto?
Ravi Varma
Dear Mr Varma, I recommend that he take the following:
1. Paystubs/W2s
2. Picture of inside/outside h1b sponsoring company
3. Employer cover letter discussing the fact that your son works there and will continue to work there,
information about their bio, information about other projects and h1b employees. Write a phone number on
there that the consulate officer can call if need be.
4. Attorney cover letter (if applicable)
5. Resume
6. Old I-94s, I-797s
7. Discussion of current client job & what he does there.
8 Educational degrees and educational evaluation
Ashwin _______________________
Dual Citizenship
Dear Mr. Sharma,
I have been living in the US for the past 31 years and have become a US citizen for the last 20. Would I be
able to hold on to my US citizenship status while reinstating my Indian citizenship? If so, I also want to
make sure that getting the Indian citizenship will by no means jeopardize my US citizenship in any way. I
assume by getting the dual citizenship, I will be able to inherit land and money, buy and sell property in
India?
Letha Menon
Dear Letha, You will be able to maintain US citizenship. You will be able to inherit and buy (nonagricultural) land and
property in India. You should contact the US Indian Embassy in your region (Houston, TX for example) for
filing procedures. I believe they are having some confusion in processing dual citizenship on the Indian side
currently.
Ashwin
__________________
What is an I-131?
Dear Ashwin,
What is a traveling card which sometimes comes with a work permit? Is it any good? Also, will it be safe to
travel with it, for non green card holders, since it is not a green card?
Isha
Dear Isha, I believe you are referring to the I-131 which can be utilized to obtain approved travel authorization prior to
the grant of a conditional Green Card. It can be used to travel abroad while your green card is pending, or
under other limited circumstances. It can take several months to get once filed for, but is generally safe to
travel with.
Ashwin
_________________
Medical Exemptions to
Naturalization Test
Dear Ashwin, I have an elderly parent who is not qualified to write the US examination test for his naturalization. I believe this is due to his problems in learning the language. What are some ways we can overcome this obstacle in gaining my father's citizenship? He has all the other requirements completed. Venkat
Dear Venkat,
Your father could have a disability which would constitute a medical exception to the Naturalization test. There are certain types of disabilities/handicaps which allow a person to bypass the citizenship examination. I recommend you speak to a lawyer and also take your parent to a doctor to determine whether you qualify for this exemption. Ashwin
Adjusting Status after Marriage to
Citizen
Dear Ashwin, I have a friend who came illegally into America. He recently got married to an American citizen. Can he adjust his status to green card holder after the marriage? He was told by another attorney that is is possible, however, I also heard that it is not possible. Smita
Dear Smita,
When an individual enters America without inspection it is not possible for him or her to adjust their status without leaving the country. It is important to distinguish those who 'enter without inspection' (illegal/stowaway/etc) and 'overstays'. Individuals who are overstays, i.e., those individuals who entered the US legally, but who overstayed their visas are eligible to adjust their status in the situation you described. Ashwin
Investment for E2 Business Visa
Dear Ashwin,
How much money do I need to invest to obtain an E2 business?
Manuel
Dear Manuel,
The investment requirement is described by the government as "substantial" for the type of business you are developing or buying. You must ensure that you 1. invest at least 80% of the market value of the type of business you are buying/developing and 2. do not secure any loans on the business itself (personal loans are fine). Ashwin
INA Section 214(b) issues in applying for Visitor/Student visas
Dear Ashwin,
I wanted to bring my brother over to the US for Diwali, and I sent an invitation letter, but the consulate in Chennai turned him away. What do the consular officers look for in these situations, and what should we watch out for the next time I try to get a visitor's visa for brother or parents? When can I reapply for him?
Lakshmi
Dear Lakshmi, Section 214(b) of the Immigration and Nationality Act (INA) states: "Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status..." In short, this section of the INA presumes every applicant for a visa to America intends to eventually reside in America. It is the burden of each applicant to demonstrate that this is not the case - that they only intend to visit America for a short duration. In qualifying for B (Visitor) F (Student) or J (Exchange Visitor) visas, an applicant must demonstrate compliance with this section of the law. Most refusals concern the requirement that the applicant possess or maintain a residence abroad that he has no intention of abandoning. Applicants thereby demonstrate that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The INA places this burden of proof squarely on the applicant. (Note that these requirement do not apply to H or L Visa holders who may maintain 'dual-intent').
Consular officers have the last word in deciding who may enter the US and evaluate each applicant for a non-dual-intent visa (B, F, J among others) to determine whether the applicant has strong ties abroad. Some examples of ties can be a job, a house, a family, and a bank account. These ties bind you to your home country and demonstrate that you will return after your trip to America. Despite the fact that consular officers attempt to provide a case-specific
evaluation, they have limited time allotted to each client. It is imperative that you have a well documented and organized petition which demonstrates the strength of your applicant's case by providing evidence of the applicant's strong ties. Unfortunately, as you can imagine, these requirements are somewhat harder to prove for younger applicants.
You should also attempt to provide documentation of why the visa applicant is coming to the United States. Temporary trips of a short duration (less than six months) for a specified period of time with a clearly defined start and end date (such as a marriage or graduation) are more likely to be approved. Remember that an invitation letter and evidence of funds of the American 'sponsor' are of limited benefit to the applicant - the consular officer is mainly concerned with the qualifications of the applicant
themselves.
Your brother can attempt to enter the US again since a denial under section 214(b) is not permanent, however, the more times an individual is turned down the harder it becomes to become eligible for subsequent approvals. The consular officer will only reconsider a case if an applicant can show further convincing evidence of ties outside the United States. The applicant's situation must have substantially changed since the last application. Demonstration of strong ties is still key.