I have a Canadian friend that's interviewing for jobs in the US... She is currently on a student visa (I assume since she is taking a few classes). How should she bring up her status with potential employers? Should she say anything at all?
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She should talk about it with employers. She needs to let them know that she could potentially need sponsorship. She'll have the ability to work for one year at least after graduation but after that, she most likely will need her employer to sponsor her. This is not something that an employer wants to be surprised by.
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@MrsKoala: She already has a degree.. She had already gone back to Canada and is now returning to take classes while job hunting. Thanks for the advice! I'll let her know to be up front about this kinda stuff!
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@snowjewelz: If she can, she should ask about H-1B visas since you start applying in April, although you're not leaving the employer much room to file the application and even still, she would start Oct 1. Canadians
Otherwise, depending on her profession, she probably qualifies for TN Status which doesn't require a visa. You just show your canadian passport, a letter from the prospective employer confirming employment and documentation to support evidence (degree, housing status, etc.) and the fees associated at the border.
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@aegie: She does quality for TN status. Who would be paying the fee? She would?
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@aegie: She is just afraid that if she pays the fees, and then 2 months later they let her go (assuming it's not related to her performance). She is willing to pay the fee but thinks if they pay the fee then it's more security at the job since they obviously like her enough to invest.
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@snowjewelz: hmm that's tricky. the fee is like $160 or something if I remember correctly so it's not too much money, unlike an H-1B which the employer MUST pay. the TN is consular processing, so it's not required the employer pays.
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The only problem with a TN visa is that even if the employer offers her the job and completes all the paperwork, she can still be denied at the border. This happened to someone I know.
With the US job market so bad, it would be pretty tough for the employer to prove that they were unable to find an American to fill that position. Just a warning!
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@snowjewelz: does she work in a field where it's typical for an employer to hire foreigners and sponsor work permits? My employer asked work status as part of the initial phone screen.
does your friend qualify for F1 or J1 status?
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@sunny: Not really, she works in fashion. She was a student here and had worked for a while after graduation but left that job. Couldn't find another job so went back to Canada and now is trying again. I will ask about F1/J1
@Freckles: I will def let her know just so she is realistic about it!
She really appreciates all the help!! Her boyfriend is here and they do plan to get married within like 2-3 years so that's why she really wants to find a job that will sponsor her!
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She can't be a student in the US without being on either a F-1 or J-1 visa so she'd have to be one or the other. As for the TN, you have to be in a specific profession to qualify for that. She should really contact an immigration lawyer about her options.
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@snowjewelz: I don't think she qualifies for a TN based on the list of occupations (this is not legal advice, just my quick scan of the qualifying occupational list). H1-B has a different occupational requirement and there is a test of whether or not an American could have filled that job so the bar is higher in terms of getting the status.
If she qualifies for OPT, that might work but I don't really know too much about that other than its temporary and tied to F1.
There are also some other work statuses that are available but I don't have any experience with those.
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@sunny: I wonder how she was able to get that first job and what she qualified for there! Thank you so much!
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While I do not work in human resources, I work in immigration law. I would recommend that your friend bring up during the interview process that she would require sponsorship. Usually it takes time and is a longer onboarding process than someone who does not require sponsorship, so if the future employer is interested in employing her, they can start setting that up ahead of time.
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I would also mention that with the TN visa, employers don't need to prove that there are no Americans workers that can fill the position. That falls in line more with green cards. However, with TN applications, they are nonimmigrant workers and must demonstrate their intent to return to their home country (eventually). If she were to disclose to border officials that her intent is to come here, marry her bf, and get a green card, that could cause complications for entering on a TN. If she already held a job here, she could likely qualify to work under the same immigration status.
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@Eko: Yes she def will disclose that she needs sponsorship so she is up front about it! And wow thanks for the insight! I will tell her do not say anything to anyone about staying here, getting married, etc!
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@sunny: @snowjewelz: FYI, F-1 is a student status. at the END of your education, you MAY be given an OPT which is a 1 year extension of your F-1 status that allows you to work with a temporary social security number. You CANNOT just apply for an OPT.
J-1 is a department of state sponsored program and is VERY laborious and most employers do not offer this UNLESS it's a true training program.
The fashion industry is difficult for H-1B's as well, unless you are a designer and the employer requires a college education as a pre-req for the position.
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@MrsKoala: @aegie: @Freckles: @sunny: @Eko:
Thanks for all of your input... My friend also went to consult with an immigration lawyer and he told her to go ahead and apply.. She got denied
The officer didn't even look at her stuff; just said fashion technical design does not fit the criteria for the TN visa.
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@snowjewelz: Bummer for your friend. I know a lot of couples who have had to change up their life plans (marriage timeline, where they live, student status, etc.) because it isn't easy to just decide to live/work in the US.
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@sunny: Yeah.. While no ideal I think her and her bf will have to move up their marriage timeline!
The officer didn't even look at her stuff; just said fashion technical design does not fit the criteria for the TN visa.
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