TN 'Management Consultant' Question
May 8th 2002, 2:20 pm
#1
Guest
Posts: n/a
TN 'Management Consultant' Question
Hello,
I am wondering whether I could get some advice concerning the acquisition of a TN
Visa. I am a Canadian Citiaen and recent university graduate, with a philosophy B.A.
I have been asked by a non-profit organization in California to come and do a 3-month
summer job designing a university course. I have experience building courses (my
university allowed student teaching, and I designed one last year). The organization
that I will work for wants me to design a similar type of course for them (the
subject is not yet included in any university courses), and I am the only person
qualified (experientially) enough for the job.
INS gives me a different answer to what I should do each time I call...so far, the
best advice has been to use the TN Visa. At first, I was told that I would be a
"Research Assistant" - but it turns out that you have to be working in a
post-secondary institution - and INS have said that the non-profit organization I
hope to work for both will and will not count as a post-secondary school. How strict
are they on this requirement?
I was then told that I should try the "Management Consultant" route with the TN. The
appendix says that I need a degree *or* experience... I don't have official
experience in "Management Consultant", but I do have a university degree. Where it
asks for a degree, it is not specific what subject it must be. Is there a specific
"management consultant" degree one needs, or could I open my own consultancy business
as, say a self-employed 'Ethical Consultant', and then show the business license plus
my philosophy degree (as ethics is, obviously a branch of philosophy) (and the
organization has said they would hire me as a management consultant if needs be). If
this would work, would it matter if I got my business licence only a month before I
wish to begin the job in the US? Someone has said I need evidence of the work I have
done, but if I have only just graduated, is this possible and does it really matter?
Any suggestions as to what I ought to do would be most appreciated...I really want
this summer job!
Thank you in advance,
James
I am wondering whether I could get some advice concerning the acquisition of a TN
Visa. I am a Canadian Citiaen and recent university graduate, with a philosophy B.A.
I have been asked by a non-profit organization in California to come and do a 3-month
summer job designing a university course. I have experience building courses (my
university allowed student teaching, and I designed one last year). The organization
that I will work for wants me to design a similar type of course for them (the
subject is not yet included in any university courses), and I am the only person
qualified (experientially) enough for the job.
INS gives me a different answer to what I should do each time I call...so far, the
best advice has been to use the TN Visa. At first, I was told that I would be a
"Research Assistant" - but it turns out that you have to be working in a
post-secondary institution - and INS have said that the non-profit organization I
hope to work for both will and will not count as a post-secondary school. How strict
are they on this requirement?
I was then told that I should try the "Management Consultant" route with the TN. The
appendix says that I need a degree *or* experience... I don't have official
experience in "Management Consultant", but I do have a university degree. Where it
asks for a degree, it is not specific what subject it must be. Is there a specific
"management consultant" degree one needs, or could I open my own consultancy business
as, say a self-employed 'Ethical Consultant', and then show the business license plus
my philosophy degree (as ethics is, obviously a branch of philosophy) (and the
organization has said they would hire me as a management consultant if needs be). If
this would work, would it matter if I got my business licence only a month before I
wish to begin the job in the US? Someone has said I need evidence of the work I have
done, but if I have only just graduated, is this possible and does it really matter?
Any suggestions as to what I ought to do would be most appreciated...I really want
this summer job!
Thank you in advance,
James
May 8th 2002, 10:20 pm
#2
Guest
Posts: n/a
Re: TN 'Management Consultant' Question
On Wed, 08 May 2002 16:33:43 -0700, [email protected] (James Caffrey) wrote:
>Hello,
>
>I am wondering whether I could get some advice concerning the acquisition of a TN
>Visa. I am a Canadian Citiaen and recent university graduate, with a philosophy B.A.
>I have been asked by a non-profit organization in California to come and do a
>3-month summer job designing a university course. I have experience building courses
>(my university allowed student teaching, and I designed one last year). The
>organization that I will work for wants me to design a similar type of course for
>them (the subject is not yet included in any university courses), and I am the only
>person qualified (experientially) enough for the job.
>
>INS gives me a different answer to what I should do each time I call...so far, the
>best advice has been to use the TN Visa. At first, I was told that I would be a
>"Research Assistant" - but it turns out that you have to be working in a
>post-secondary institution - and INS have said that the non-profit organization I
>hope to work for both will and will not count as a post-secondary school. How strict
>are they on this requirement?
NEVER rely on anything INS tells you. If you want somewhat reliable advice, hire a
competent immigration attorney. And then still double-check here.
>I was then told that I should try the "Management Consultant" route with the TN. The
>appendix says that I need a degree *or* experience... I don't have official
>experience in "Management Consultant", but I do have a university degree. Where it
>asks for a degree, it is not specific what subject it must be. Is there a specific
>"management consultant" degree one needs, or could I open my own consultancy
>business as, say a self-employed 'Ethical Consultant', and then show the business
>license plus my philosophy degree (as ethics is, obviously a branch of philosophy)
>(and the organization has said they would hire me as a management consultant if
>needs be). If this would work, would it matter if I got my business licence only a
>month before I wish to begin the job in the US? Someone has said I need evidence of
>the work I have done, but if I have only just graduated, is this possible and does
>it really matter?
The reason the answers were so vague is that the question itself is not completely
clear - exactly what would the job consist of, how would it be related to "Management
Consultant" or to your degree?
>Any suggestions as to what I ought to do would be most appreciated...I really want
>this summer job!
It really is difficult to say, but a few options do come to mind:
- H-1B. This would be the easiest, although not necessarily the cheapest, approach.
It's easiest because it is the more traditional one. Most of the work will be done
by the school.
- TN. I'm not sure about the details of that status. You should clarify with
an attorney.
- J-1. This may be a bit difficult to get on such short notice.
- B-1. This is extremely easy but a bit risky. It's easy because it is in effect the
same as visiting the US as a tourist - you just drive into the US. Except that
tourists are B-2s, while B-1s are business visitors. As long as you get paid from
Canada and not from the US, a B-1 is an option, and a short-term consulting
arrangement is often acceptable. Your case sounds like it would be borderline at
best, though.
I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html
For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
>Hello,
>
>I am wondering whether I could get some advice concerning the acquisition of a TN
>Visa. I am a Canadian Citiaen and recent university graduate, with a philosophy B.A.
>I have been asked by a non-profit organization in California to come and do a
>3-month summer job designing a university course. I have experience building courses
>(my university allowed student teaching, and I designed one last year). The
>organization that I will work for wants me to design a similar type of course for
>them (the subject is not yet included in any university courses), and I am the only
>person qualified (experientially) enough for the job.
>
>INS gives me a different answer to what I should do each time I call...so far, the
>best advice has been to use the TN Visa. At first, I was told that I would be a
>"Research Assistant" - but it turns out that you have to be working in a
>post-secondary institution - and INS have said that the non-profit organization I
>hope to work for both will and will not count as a post-secondary school. How strict
>are they on this requirement?
NEVER rely on anything INS tells you. If you want somewhat reliable advice, hire a
competent immigration attorney. And then still double-check here.
>I was then told that I should try the "Management Consultant" route with the TN. The
>appendix says that I need a degree *or* experience... I don't have official
>experience in "Management Consultant", but I do have a university degree. Where it
>asks for a degree, it is not specific what subject it must be. Is there a specific
>"management consultant" degree one needs, or could I open my own consultancy
>business as, say a self-employed 'Ethical Consultant', and then show the business
>license plus my philosophy degree (as ethics is, obviously a branch of philosophy)
>(and the organization has said they would hire me as a management consultant if
>needs be). If this would work, would it matter if I got my business licence only a
>month before I wish to begin the job in the US? Someone has said I need evidence of
>the work I have done, but if I have only just graduated, is this possible and does
>it really matter?
The reason the answers were so vague is that the question itself is not completely
clear - exactly what would the job consist of, how would it be related to "Management
Consultant" or to your degree?
>Any suggestions as to what I ought to do would be most appreciated...I really want
>this summer job!
It really is difficult to say, but a few options do come to mind:
- H-1B. This would be the easiest, although not necessarily the cheapest, approach.
It's easiest because it is the more traditional one. Most of the work will be done
by the school.
- TN. I'm not sure about the details of that status. You should clarify with
an attorney.
- J-1. This may be a bit difficult to get on such short notice.
- B-1. This is extremely easy but a bit risky. It's easy because it is in effect the
same as visiting the US as a tourist - you just drive into the US. Except that
tourists are B-2s, while B-1s are business visitors. As long as you get paid from
Canada and not from the US, a B-1 is an option, and a short-term consulting
arrangement is often acceptable. Your case sounds like it would be borderline at
best, though.
I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html
For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
