Kennedy's Immigration Law Report : Iowa Immigration Lawyer & Attorney : Austin Kennedy : Brick Gentry Law Firm : Green Cards, Permanent Residency

First, some basic background--the TN professional worker classification is a visa category available to eligible Canadians and Mexicans who have at least a bachelor's degree or appropriate professional credentials AND who work in certain specific qualified fields described within the North American Free Trade Agreement (NAFTA).  The NAFTA treaty actually goes so far as to specify 65 occupational titles that qualify for the TN category, including (but not limited to) the following:  accountant, architect, economist, hotel manager, interior designer, landscape architect, lawyer, management consultant, social worker, dentist, teachers and a slew of science-related professions. 

In order to be granted TN status the applicant must present a letter at the port of entry from their prospective U.S. employer (along with other basic application materials) detailing the following: 

• the specific professional position for which the applicant qualifies;
• the occupational activities in which the applicant will be engaged;
• the applicant's anticipated length of stay in the U.S.;
• educational or professional qualifications which qualify the applicant for the professional position; and
• a description of how the worker will be paid.

In relation to the third bullet point shown above, it is important to realize that in order to successfully obtain TN status every applicant must first be able to demonstrate to the inspecting officer that they eventually intend to return to their home country.  ie., The applicant cannot intend to remain indefinitely in the U.S.  The employment letter should describe a finite period of time the applicant will remain in the U.S.  Unlike the H-1B visa, the TN category is not a dual-intent visa. 

OK--now on to the exciting new developments:  The USCIS just announced a final rule increasing the maximum period of time a TN professional worker from Canada or Mexico may remain in the United States in TN status before needing seek readmission or obtain an extension of stay.  In the past, the maximum period of admission in TN status was one year.  This meant frequent trips back and forth to the border for the TN professional and considerable amounts of uncertainty for both the employer and the professional.  Now, under the new rule, TN status may be granted for a maximum of three years.  I can hear the sighs of relief already...

I'm often critical of our government's immigration policies, so I need to give credit when it's due.  Changing the maximum period of stay for those in TN status from one year to three years is a simple and effective improvement which will allow both employers and employees to plan their business and personal lives in a more realistic manner.  Well done by all involved. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I was listening to NPR this morning while driving to work and heard for the first time the story of Annie Moore. As it turns out, when Ellis Island officially opened on January 1, 1892, Annie Moore was the very first immigrant to be processed through that now famous port of entry, into the United States. At the time Annie was just 14 years old and was traveling with her two younger brothers Anthony (11) and Phillip (7). In a connection to the origin of my own family roots, Annie and her brothers had originally departed from Cork County, Ireland.

 
The Moore children were among the 148 other passengers who spent 12 days (including Christmas) at sea on board the SS Nevada, arriving in New York on New Year's Eve, December 31, 1891. They were processed through Ellis Island on the morning of New Year's Day 1892, which also happened to be Annie Moore's 15th birthday. Upon arrival Annie and her brothers joined up with their parents, who were already in America. The image you see to your top left is the statute of Annie which stands at her port of departure in Cork County, Ireland.  The image at the right is her statute at her port of entry, Ellis Island, New York, U.S.A.

 
Apparently Annie Moore went on to marry a baker by the name of Joseph Augustus Schayer. The couple produced 10 children, 5 of whom survived until adulthood. The NPR piece went on to explain that Annie Moore died quite poor and ever since has been buried in an unmarked grave in Calvary Cemetery, Queens, New York. Well, tomorrow Annie Moore will finally get an appropriate marker for her gravesite. Over the past two years the Annie Moore Memorial Project has raised enough funds to ensure that Annie Moore's grave site will from now on provide her with the recognition she deserves as the first immigrant ever to pass through Ellis Island.  Congrats, Annie. 
 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

In an echo of my earlier post below, the Pew Hispanic Center recently issued results of a new survey showing that illegal immigration dropped significantly over the course of the last year. In fact, for the first time in over a decade, the number of people entering the U.S. through legal channels was higher than those entering illegally. 

As a related financial consequence, central banks from Mexico to Brazil are reporting the biggest decline in remittances sent from the United States in more than 10 years. Remittances are the money immigrants in the United States send back to their relatives in their home countries.  The World Bank estimates that remittances worldwide total $300 billion or more per year. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

In order to be naturalized as a United States citizen you first have to pass the U.S. history and civics exam.  The test was recently redesigned and, believe me, it is not a cakewalk.  The exam asks some fairly esoteric constitutional and history-related questions that require advance preparation.  Fortunately, the U.S. government is kind enough to provide a wide variety of free civics exam-related study guides here.  If you're in line to attempt to become a U.S. citizen, you should really consider utilizing them.  They'll help you be more confident and relaxed going into the exam. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

I've been getting a number of calls recently regarding the E-3 visa, so I thought a brief post on the topic would be timely.  If you're an Australian national who has a minimum of  a bachelor degree (ie., a 4 year university degree) and you want to come work in the U.S. on a temporary basis, this is a great visa for you and your American employer.   

In many respects the E-3 visa is like an H-1B visa designed specifically for Australians.  In order to qualify for the E-3 visa, the following basic criteria must be met: 

• The beneficiary (ie., worker) must be an Australian national.  Typically this means that you were born in Australia and you hold an Australian passport.  Unfortunately Australian permanent residents are not eligible for the E-3.
• The beneficiary must have a valid written job offer from a U.S. employer;
• The employer must have first obtained an approved Labor Condition Application;
• The beneficiary must have at least the equivalent of a U.S. bachelor's degree (ie., 4 year college or university degree) AND the job opportunity at which they will work in the U.S. must require at least a bachelor's degree in the field of study that corresponds with the employee's field of study.  For example, an Australian with a 4 year degree in computer sciences would likely qualify for an E-3 visa to take a job in the U.S. as a computer programmer or systems analyst.  Similarly, a person with an engineering degree would likely qualify for an E-3 visa to work for an engineering firm in the U.S. as a  structural engineer.  In contrast, an Australian with a political science degree is unlikely to be able to qualify for an E-3 visa to work in the U.S. as a physicist; and finally
• The beneficiary must be able to prove that they do not have an intent to permanently immigrate to the U.S.  The applicant must demonstrate their intent to eventually return to Australia. 

The E-3 visa typically allows the beneficiary to work in the United States for 2 years at a time and is, in theory, renewable indefinitely in two year increments.  Another really nice feature of the E-3 is that it allows the spouse of the E-3 visa beneficiary to also be eligible for employment authorization.  

Unfortunately, as I've mentioned above, there is one drawback to the E-3 visa.  In contrast to the H-1B visa, the E-3 beneficiary must initially prove and continue to prove that they at some point intend to return to Australia.  Unlike the H-1B, the E-3 visa does not allow a person to adjust to become a permanent resident of the United States (ie., the E-3 is not a dual-intent visa).   With that limitation in mind, the E-3 visa provides a great potential avenue of immigration for skilled Australian workers to come to the U.S. on a temporary basis. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link