neill

You can do EB-2/3 on TN, there is a period during the process where you should not travel. This is after submitting the I-485 as you personally are showing intent to immigrate at this point.
But it's completely doable.

Ling_Noi

It was my backup option but the company felt that we shouldn't use it because if anything went wrong the application, say a delay, then I wouldn't be able to renew the TN.

My TN application would be using a three year degree from the UK in Computer Science to enter as a Software Engineer. I've read of people being rejected since the degree isn't 4 years and the subject doesn't match.

The L1 is better because my wife can work on L2 hopefully without the 18 month wait for EAD soon too [0]

[0] - https://www.forbes.com/sites/stuarta...h=49af471b64ea

Noorah101

My understanding is that an L2 holder needs an EAD to work.

Rene

Ling_Noi

Today that’s correct. But that’s changing this year. They are changing the I94 form which will give work authorization with L2 status no EAD required.

Noorah101

Ah! Thanks for enlightening me!

Rene

Ling_Noi

They’ve confirmed that I’ll be applying under EB3 because a three year English undergraduate degree isn’t equivalent to a US four year degree.

postbox134

EB-3 may be right (Skilled Worker or Professional), but a UK is degree is equivalent to a US 4 year degree - when I moved a company evaluated my BSc as the same as a B.S in the US. Common sense also says they're the same qualification.

Ling_Noi

Yeah you would think so. Was it WES that evaluated your degree?

postbox134

I just checked my paperwork (which was for L1-B but I am also doing EB-3 professional now) and it was the 'Trustforte Corporation'.

It has a long description of how pre-university education in the UK is 13 years long, what an A Level is, and how A levels are more or less the same as US first year level classes. They included something from EDGE and AACRAO about how a BSc is the same as a US B.S.

Worth checking with your HR/Lawyers?

Ling_Noi

Interesting. I’ll reach out to this company and order it myself.

Thank you.

neill

I concur. It's the degree prerequisites that matter whether a 3 year is equivalent to a U.S. 4 year. All UK 360-credit (3 year) Honours degrees usually have enough prerequisites, i.e. A-levels or equivalent. WES should confirm this also.
(Note - this also means someone with a UK 3rd class degree or pass that was originally an Honours degree course does NOT have the prerequisite - has to be 2:2 or greater)

Ling_Noi

I’ve got a 2.1. Didn’t do A Levels but did an Access to HE equivalent.

I’ll check out Wes. Thanks.

postbox134

If the university admitted you, you met the entry requirements in whatever form they are. Most usually that's A Levels.

Ling_Noi

It’s been a while.

My L1B was denied at the Windsor-Detroit crossing on the basis that my specialized knowledge was obtained during the qualification period of my position. A requirement I have never heard of before today.

A fair warning for those intending to obtain L1B close to their anniversary date.

Strangely I had tried to cross at Peace Bridge and was missing tax documentation with my petition. The CBP agent said he was satisfied with the petition but needed the tax documents so asked me to withdraw and come back with them.

Since Peace Bridge is appointment only they next available appointment was 8th August which I couldn’t wait for (costing me a fortune renting AirBnBs). So I drove to Detroit which is taking walk ups.

The CBP agent their actually advised I withdraw my petition and apply for TN which was approved.

I’ve got a call with the lawyers next week. They’ve made about 6 mistakes so far including sending me to the wrong bridge and several mistakes in the I129.

I’m more annoyed that my wife can’t work than anything but at least I know I can get a TN if I have to move employer for some reason.

neill

Getting the TN means at least you can come and go right up till the I-485 submission (should you decide to immigrate later). Just remember that you can't have any intention to be an immigrant any time you enter on your TN (and advisable to NOT submit an I-485 too close to an entry on your TN for that reason).