Question I am a Canadian citizen who has accepted an associate director position with a US non-profit organization. The organization only has offices in the US. I am wondering what type of visa I should pursue? I do not believe my position would meet the criteria for TN status. I do have an advanced degree (Master's). I believe my options would be H1-B for a non-immigrant visa or an EB-2 for an immigrant visa. Are there any other options I should consider?
Thanks for your time,
H1B is the best option, as TN is only for very limited set of occupations.
If you are offered permanent employment, then the sponsoring company can support you through the filing of PERM (also known as labor certification) and then I-140 petition in EB2 category. However, the PERM process can take several months for certification by Dept. of Labor after filing and the recruitment process for U.S. workers is quite arduous for the employer: www.h1b1.com/laborcert.htm and therefore as a practical matter the employer will probably not support for the green card process until they first evaluate the candidate's performance in a nonimmigrant visa category such as H1B. Moreover, the filing of PERM and I-140 is not permission to be employed currently by the employer, which requires maintenance of nonimmigrant emplyoment-based visa status (examples are H1B, TN, L1, etc.).
I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.
Organizations American Immigration Lawyers Association (AILA) full member since 1995.
Education/Credentials Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.