Comment by Spoom | Hacker News Reader

Comment by Spoom | Hacker News Reader

My first advice as a Canada to US immigrant is, don't attempt to come down on a visitor visa or visa waiver (i.e. visa-less entry) and get work. It sounds like this would be obvious to you based on your question, but so many people think they can just adjust their status later once they're in the country, and by and large they are very mistaken.

As a Canadian, you can, however, apply for TN (NAFTA) status at the border.[1][2] You need a prearranged job to do this, though, and it has to fit one of several categories defined by NAFTA[3]. Typically, you must have at least a Bachelor's degree.

I'm a family-based immigrant so I don't know how hard it is to get prearranged work on a visa basis. I do see a lot of postings that require permanent residency or citizenship, though I believe such immigration classification discrimination is illegal.

[1] http://travel.state.gov/visa/temp/types/types_1274.html

[2] http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b...

[3] http://canada.usembassy.gov/visas/doing-business-in-america/...

Thanks for the links, they're pretty much what I was after. Although this line here...

"Typically, you must have at least a Bachelor's degree."

...has me concerned that I'm pretty much screwed (one of those self taught programmers, no college....silly me). I'll see with the consulate this week if computer based positions fall into that requirement this week.

This is silly. Why would you go ask a consulate when this info has been on the web for ages. When I got a TN visa in 1997, all the info needed was on the US embassy's website including detailed lists of requirements for the different classes of jobs covered under NAFTA. Many countries including Canada, discourage people from going to the consulate or embassy just to ask questions. The guards won't let you in, and they refer you to a 900 number where you pay a few dollars per minute to talk. Do your research online. In general, the embassy will publish an application form (PDF), a guide to filling it out, a FAQ and often a tool for determining eligibility.

"Why would you go ask a consulate when this info has been on the web for ages."

Well my thinking at the time was because I found their website (at the time) to be a maze of legaleze and the consulate was two blocks away from my current workplace, while the closest embassy is a five hour drive away.

The only technology related profession recognized under NAFTA for TN status is Computer Systems Analyst. That category requires either a Bachelor's degree, or some other post-secondary diploma/certificate + 3 years experience [1]. Also, the NAFTA definition of a Computer Systems Analyst specifically excludes computer programmers, so your job duties can't consist of primarily programming.

I am Canadian and recently tried to enter the US under TN status as a Librarian (for fellowship as a librarian at a university library). As soon as the CBP officer saw that I had a CS Bachelor's degree, and that I would be working with technology, he began to intensely question what my job duties would be. I was there for about 4 hours, questioned by several officers, and ultimately ended up getting denied entry because my job was going to involve too much programming in their opinion & my TN letter outlining my duties didn't convince them otherwise.

I think that my situation was partly bad luck/partly a bad TN letter, but the thing to keep in mind is that they do closely follow the NAFTA handbook [2] for job descriptions/duties, and anyone working primarily with technology is much more likely to get scrutinized. So make sure if you end up getting a job offer and decide to go the TN route, that the sponsorship letter from the employer follows the guidebook description of the profession you are applying under.

I'm not sure what visa types other computer programmers are usually admitted under, probably H1-B generally, but I'd be interested in finding out.

[1] http://canada.usembassy.gov/visas/doing-business-in-america/... [2] http://www.tnvisabulletin.com/us-immigration-manuals-governi...

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