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    05-05 06:50 AM
    As leaders in NAFTA visa processing we like to update our readers on different visa categories and updates. This article is provided by our TN Visa Lawyer, Attorney Andrew Desposito.

    For many who come to the U.S. seeking work, there are only so many visas through which they may legally work. It is because of this issue that U.S. lawmakers have been strict on immigration enforcement of illegal immigrants trying to work in the U.S., in particular those coming from Mexico.

    For Mexicans and Canadians, the nonimmigrant NAFTA professional (TN) visa allows citizens of Mexico and Canada, as NAFTA professionals, to work in the U.S. in a prearranged business activity for a U.S. or foreign employer.

    So what does this mean for you?

    What this means is that if you are a person that works in a certain field, and have the education that corresponds with that field, you may be able to apply for the TN visa. Unlike the H-1B and its cap on how many visas are granted each year, or the J-1 and H-3 visas and their limited durations, the TN visa may be granted for up to three years and can continually be renewed toward the end of its duration. There are certain requirements of eligibility for the TN visa.

    With some exceptions, each profession under the TN visa requires at least a baccalaureate degree as an entry-level requirement. If a baccalaureate degree is required, no work experience may be used to substitute it. In some professions, an alternative criterion to a bachelor�s degree is listed. For some professions, experience or licensing is required in addition to the degree. It is therefore crucial to know what field you may qualify under before seeking this visa.

    Once you have determined that a TN visa is available to you, the next step is to find a U.S. employer willing to hire you in the job category related to your experience. During this time of economic growth, many companies are capable of hiring individuals from Mexico and Canada to fill those positions in the U.S. at very little cost. The visa itself is inexpensive to apply for at the U.S. Consulate or the Port of Entry. This makes it a far more attractive option to U.S. employers instead of the H-1B or L-1A visa and its many filing fees that come with it.

    With an employer willing to sponsor you for the TN visa, all that remains is preparing for your TN visa.

    Preparing a perfect TN Application

    There are many little parts that go into putting together a successful TN visa package. There should be no question in the mind of the immigration officer at the Port of Entry or the U.S. Embassy that you, the employee, meet the position requirements as listed under appendix 1603.D.1 of the TN visa, and that the company is an established business that has the need for your position.

    The immigration officer will ask questions regarding the nature of the business, the position you will be employed in, what your position entails for the company, and may even ask for examples of work that relate directly to the position being applied for.

    The Technical Publications Writer is a TN visa category that many individuals can be qualified to work. The position requires a Baccalaureate or Licenciatura Degree or Post Secondary Diploma or Post Secondary Certificate, and three years experience. The degree requirement is very broad in that all it takes is a degree or diploma in a related field to the company that the position is held. For instance, there was a case where the Technical Publications Writer was to assist a new media company in the design of its materials for publication on its websites, revise product instruction, and review and research social media publications. A degree in English was the related degree necessary to fulfill the duties of her position.

    When trying to figure out if one has the three years experience as a Technical Publications Writer, the occupational outlook handbook provides guidance on whether one can hold such a position. A Technical Publications Writer helps a company by reviewing published materials, recommending revisions or changes, arranging typing, duplication, or distribution of materials, as well as editing, standardizing, or making changes to materials prepared by other writers.

    The Technical Publications Writer may also complete specific writing projects for the company. Looking at a person�s prior work experience, it is not usually difficult to see that many duties one performed were similar to what is required of a Technical Publications Writer.

    Although work experience and degree are the requirements to holding the position, as outlined in the Appendix, a person should be able to bring other work that has been done to show they can produce something that is published. What this means is that an immigration officer at the embassy or the port of entry may feel the person does not fit the job description because they have not published something.

    Although there is nothing in the requirements for that position requiring a published material, it is good to be able to show one�s prior work has been published in some capacity. This is good for when a person applying for the visa gets an officer who does not understand that the word publications in the TN profession does not mean a person must be published to hold the position. A recent client went through this similar situation where they were not convinced the person should be a Technical Publications Writer because they did not have any published material.

    As attorneys who have worked on many TN visas, we know what immigration officers are looking for in their interview with TN professionals. We understand that many of them need to see for themselves how your position and your background meet the requirements of the TN position. We have helped people get TN visas as Engineers, Lawyers, Management Consultants, Technical Publications Writers, and Economists. No matter your personal background, being a professional under a TN visa is as simple as finding out what position fits you best.

    Although some positions do have specific degree requirements, such as a lawyer, other positions require a degree in a related field, such as for the Technical Publications Writer. With an attorney that understands little nuances like this, it is possible to get your TN visa wi the wait through the USCIS process for other work visas.

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  • stemcell
    07-01 04:07 PM
    1.As someone suggested trying for fellowship will skip all the steps to practice OBGYN unrestricted.Again these are very limited spots and usually one needs the right contacts for this IMO.

    2.Go the usual route...Pass USMLE Ste1, 2, CS and 3 (4 exams) and then you are ECFMG certified.Once ECFMG certified you can apply for the match (you can apply for the match with one step passed too but chances are you extremely low for an interview call).
    The residency match happens once every year...many sources online...just google 'the residency match' and the process is self explanatory with lots of forums on websites like,,, etc etc

    3.My 2 cents most folks in her situation will find OBGYN residency just too much to handle (imagine > 80 hrs/ week for 4 yrs ) after slogging for the exams :rolleyes:
    I would also recommend her to look into Physician Assistants programs.She will get a credit considering that she is a physician and she can finish it in 1-1.5 yrs. Work and Lifestyle is good and the money is good too :D.

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  • pthoko
    07-05 03:07 PM
    Hi All,
    Please clarify my doubts if you can.

    The G-325A form is asking for dates of previous employment. I have an issue here.....

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    Any advice is appreciated. I'm afraid to talk about this to my current company attorney....


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  • FinalGC
    07-03 03:14 PM
    after 140 is approved!! Only then can u port your PD. Otherwise you will start at the end of line again....


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  • pranju
    07-21 11:16 PM
    1 - if u have any new h1 approval notice after you came to US , then yr i-94 number will be same in approval notice , normally the last i94 and recent aproval notice 194 matches , u can cross check from there

    2- not sure


    I have a couple of questions here:

    1) The last digit of the I-94# number is not very clear(Not sure if it is a 3 or 8). What do I write in the 485? Is there any way to find the correct one?

    2) I filed the I140 without providing the A#. I understand that when I dont provide one, a new one is generated. And the A# is usually used to link the 485 with the 140. Now when I apply for 485, if I give the A# from my OPT EAD, will it be a problem because a new number will be already generated for I140? Should I write the A# in 485 or just leave it??

    Thanks in advance for all the replies.

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  • jazzy2
    10-22 11:17 AM
    EB2 RIR - india, PD MARCH 2003
    BEC, philly. LC approved April 2007, June 1st filer


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  • jonty_11
    02-05 02:43 PM
    this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
    OK thx for the info.

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  • thakkarbhav
    11-17 01:10 PM
    Yes but sometimes if your H1B approval take more time then you can take H1B receipt to get few months extension.


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  • prioritydate
    10-01 09:11 PM
    this is a Q for my Friend
    He was working at Lehman before the company filed for chapter 11

    ... He has been told that salary will be paid for 3 months

    Right now he is at home and looking for other offers and no H1b transfer has been started

    Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP


    They are paying 3 months salary for a guy on H1B? Who is paying him?

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  • Wish_Good
    05-02 01:53 AM
    Hi Attorney,Senior People, Gurus,

    Iam really need of advice. Please
    give me your valuable Suggestions/Advice.

    Thanks in Advance.


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  • acecupid
    06-15 12:46 PM
    Birth certificate from Indian consulate is NOT acceptable as primary evidence. You can however submit it as secondary evidence. Primary evidence has to be the actual birth certificate. If that is not available or there are any differences, you should make 2 affidavits from parents or close relatives which basically confirms your actual name as in passport.

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  • up_guy
    08-27 04:09 PM
    What was the cause for H1B rejection??

    My H-1 B was not rejected, just application got returned back to the lawyer because some form was missing in it. They had refiled it back.
    I donot know any other details, as lawyer did not share it with me..


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  • qplearn
    10-02 03:06 PM
    Hi All

    Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question

    Q1. What happens to my GC process?

    Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.

    Q2. What are the things I can do proactively.

    I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...

    I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.

    After your I-140 is approved, according to my lawyer, the PD is yours to keep. Even if they withdraw your I-140, you get to keep your PD.

    I talked to my lawyer in the morning today, and this is precisely what he told me.

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  • indio0617
    01-30 10:28 AM
    It should not be an issue. I know several people who have done this on a regular basis.

    You can re-enter the country with an unexpired H1 visa stamp and by showing the new I-797. Change of employers does not invalidate a H1 visa stamp.


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  • gc_on_demand
    09-09 02:23 PM
    These references are from the statement made on 24th June 2009. Nothing after that !!!!!!!!!!

    CIR could not even get passed in 06 . 07 and right now economy is down so no hope for it. May be Obama wants to keep hope alive in Hispanic Voters so dems can win election in Nov 2010. Health Care is lagging behind schedule and it is very hard for him to press. How can people support CIR....?

    also Hispanic caucus will not allow piecemeal until CIR fails. So I don't see even little ray of hope for recapture. Now left over is admin fixes. God knows what can be done under admin fixes..

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  • kaisersose
    12-18 04:29 PM
    I do not have links, but I have heard of 140 approvals being called into question during 485 adjudication. Some have resulted in 140 denials at that point.

    So a 140 approval is not carved in is reversible.


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  • tanu_75
    02-07 04:26 AM
    We legals who are waiting in line have another setback with news like below

    Illegal immigration: Influx of immigrants from India baffles border officials in Texas - (,0,3295315.story)

    last week we heard about Trivalley.

    eb-3 -> eb2 seems like a minuscule problem now.

    We are self destructing ourselves by making US gov loose complete trust on indian credibility with few of the above among hundreds of nuances we are causing.

    If you are like me.. always following rules.. light at the end of tunnel seem to be diminishing very quickly than what we thought.

    Nothing new here. There'll be Indians, Mexicans, Africans. Anybody in the world who has an appetite for risk, and a desperate need to be in America will make it to Mexico and run across the border, just like the millions of illegals already did. The border's a joke and you can't blame the illegals if the USA allows people to get away with it even if they get caught. Why, you could even earn a red carpet to citizenship if you do that, under some proposed legislation.

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  • vparam
    05-31 05:03 PM
    PD - august 2002
    140 AP - august 2005

    485/EA/AP - sent it out today

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  • harivenkat
    05-05 01:29 PM
    I'm currently on h1b, with PERM approved and I-140 filing in progress.

    At what stage of the green card process can I write iPhone Apps for the Apple App Store and accept payments for them?

    I know I'm allowed to own a company but not take a salary on h1b. So would it be possible to incorporate a company and then let the money accumulate in company accounts until I get to the stage when I can accept payments? Can the company pay for development resources such as equipment and accessories needed for developing the Apps even if I don't take a salary?

    i am not lawyer but i think you can sell apps.... infact you can incorporate a company with 100% ownership in the US while living outside US also... the only thing in that situation you would need is to appoint a representative who can take care of handling mails, filing taxes.

    If such a thing can be done outside USA and non-US citizens own companies and run business from outside then why not you who is within US ?

    07-19 04:01 AM
    I am in the same situation like you, thanks for the details.

    Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.

    The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.

    Thanks MP70

    06-15 05:00 PM
    If your husband is working for one of the infamous desi outfits where bench means no salary, then I'd suggest that you avoid travelling since you may be asked to produce a paystub on return.

    OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.

    huh? I thought being employed at all times was an H-1B requirement and not an AOS requirement.

    OP hasn't made it clear whether he is still on H-1B or just AOS/EAD.

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