Established in 1979
Here are the archived news releases from older editions of our Electronic Newsletter. We include these materials in response to reader demand. Typical requests begin with: "Whatever happened to your article about...?"
For fresh information, see the current Electronic Newsletter.
(December 31, 1995)
A thoughtful reader took time out of the busy holidays to send me this message:
I took a drive to Niagara this morning and crossed into the States at Buffalo without the need of a VISA. South Africans who are permanent residents of Canada are also exempted from visa requirements in line with members of the other Commonwealth countries.
Canadian citizens and Canadian Landed Immigrants from certain countries do not need a passport visa for most work permits. (A passport visa is a stamp from the U.S. Consulate.) These employees will still need the appropriate work permit on form I-94. For a list of these countries, see the FAQ-Frequently Asked Questions. The FAQ compares special U.S. immigration opportunities for Canadian citizens, vs. Canadian Landed Immigrants.
(December 24, 1995)
Senator Simpson's combined enforcement and legal immigration bill, S, 269/1394 (new number to be assigned) was put on the Senate Judiciary Committee calendar at its Executive Session on 12/21/95. The bill was "held over" with Senator Hatch indicating that markup would be scheduled as soon as possible when the Senate reconvenes in January.
See our December 9 report, below, Green Cards Would Cost $10,000... for details of this bill.
This update is courtesy of the American Immigration Law Foundation 1400 I St., NW, Ste. 1200 Washington, D.C. 20005 202-371-9377
(December 24, 1995)
The following information is courtesy of the American Immigration Law Foundation 1400 I St., NW, Ste. 1200 Washington, D.C. 20005 202-371-9377
"If you want to prevent companies like ours from doing work in the United States, this [the Simpson bill, S. 1394] is a masterpiece."
-Bill Gates
Chairman Microsoft Corporation
"S. 1394 would have a dramatically negative impact on Microsoft and the software industry. While drafted with the intention of protecting American workers the proposed legislation would in fact achieve the opposite result in our industry. ... the bill would rob both American colleges and universities and high technology employers of the flow of international talent in an historic period of exponential growth and job creation."
-David Pritchard
Director of Strategic Recruiting, Microsoft Corporation"If enacted S. 1394 will affect decisions or where to manufacture and will result in a loss of mobility and access to pivotal international employees that are truly strategic business assets for EIA companies in this global era."
-Gary Shapiro
Vice President of Electronic Industries Association and President of Consumer Electronic Manufacturers Association"This onerous bill [S.1394) would do for employment-based immigration what the infamous Smoot-Hawley Act did for American trade and the economy during the 1930's. To put it simply, this is a global competitiveness issue. At a time when barriers to trade, world-wide, are falling it is unconscionable that the US wants to unilaterally halt the flow of unique talent both here and overseas."
-Frank Kittredge
President, National Foreign Trade Council, Inc."Our ability to get the best talent in the world is critical to us. [Restricting that ability] is going to kill us. We will not be able to compete"
-Kenneth M. Alvares
Vice President, Sun Microsystems
(December 22, 1995)
Our December 11 article, All You Need is a Letter...(And a Choir of Virgins), caught a reader's eye.
The reader---let's call him Steve---remarks:
By the way, Joe, your "free advice" about having a job description letter [in the TN-1 application] was a good one...funny that it slipped by INS my first two years.
Steve, here's the dialogue I predict you'll have with INS some day:
Steve: "But Sir, you let me in the last two years without one..."
INS: "Well, we made a mistake."
Steve: "But Sir, you let all my friends in without a job description."
INS: [Picking up a pencil and paper] "Oh, and what were your friends' names and addresses?"
(December 19, 1995)
Good news...just in time for the holidays.
Twelve days ago we received the first report of a TN holder stopped because of a pending Green Card Application. (See below, TN + Green Card = Stopped at the Border, December 7.)
I'm happy to report that INS reversed its decision. I referred the case to a law firm, that gave me this report today:
You might recall you referred a Canadian citizen whose TN I-94 was lifted because of an approved I-140 pending.
I am pleased to report that we obtained a new I-94. We were able to convince the INS that NAFTA speaks of a temporary entry as one in which the applicant has no intention of establishing a permanent residence. The entry that our client was making was to return to temporary employment and not to establish a permanent residence because he did not yet have an immigrant visa. Further, his immigrant visa case was pending in Montreal and he was not seeking adjustment of status internally.
My congratulations to the tenacious Canadian, the aggressive lawyer, the patient employer and the equitable INS.
(December 19, 1995)
Here are our top ten Web pages (after the home page) with the most reader interest. You may find this a quick way to find the information you need---other readers do.
Note the big difference between readers of the U.S. site and the Canadian mirror. I can't figure it out...can you?
(December 11, 1995)
"Should we do the TN permit application ourselves?"
"My friend says all you need is a letter."
These are frequently asked questions one of our readers helps answer.
A readers just came back from a semi-successful trip to the border. He sent me this story today. His comments will help you answer the above questions. He also provides some pointers for TN applicants:
I had with me:
- 2 letters from former employers
- A transcript from the University
- A letter of intent of employment
- A signed contract stating that I was employed for a contract of indeterminate length
What I did not have was a job description.
I was asked if I have ever worked in the U.S. before. I took your advice and told him the truth that I worked illegally...he...told me that he couldn't give me the visa without the job description and that I had better call the agency and get them to fax him one. For reasons not understood someone had without prompting written a job description...so all that was necessary was for [the HR Director] to write that the document pertained to me, sign it and fax it.
The only other hitch was that nowhere was there any information pertaining to length of contract. They only gave me a visa for six months so I have to apply soon and acquire my letters again since they kept them.
After I got the visa the border officials were courteous enough to call me a cab.
It seems that I was very, very lucky to get across that border.
My costs so far, in my attempts to get a visa, since I came to the U.S have been:
$1200 paid to lawyer to try to get an H1 400 paid for a B.A. evaluation 40 consultation with a ... lawyer in California 1000 retainer to third lawyer 3000 borrowed to survive 100 borrowed for petty cash 1300 borrowed to fly to Port of Entry and back 200 borrowed for travel money 1300 borrowed from a friend for Survival Money 24000 six months lost wages ------- $ 32540...and I had to turn down 4 secure jobs during that period.
[Did I buy] your book?
No I didn't. I have been engaged in a desperate scramble for money and wouldn't have been able to raise the money even if I had the Archangel Gabriel and a choir of virgins begging on their knees backing me. But I tell you what it is. You are the one that came up with the vital piece of information...the irony of the situation is that you are the only one that didn't get any money.
Oh well. -Ed.
Update: See But They Never..., December 22, 1995, above.
(December 9, 1995 update)
Here are business related highlights of Simpson Bill S. 1394 as amended at markup, November 29, 1995. Information is courtesy of the American Immigration Lawyers Association.
Although this bill does not single out Canadians, it will have a huge impact on our Canadian business clients. This is why I take up your valuable reading time:
(December 7, 1995 update)
Today I received the first report of a TN holder stopped because of a pending Green Card application.
I am a systems analyst working in California since March/95. My employer sent in a petition for a Green Card which was approved. In September I crossed over into Canada for a friend's wedding. When I attempted to cross at the bridge, I was refused entry. The immigration officer stated that I had the intent to be permanent in the U.S. and I could wait outside the country like everyone else. My TN visa was destroyed. I was sent back to Canada. I have tried everything to get across but nobody seems to be able to overrule the decision made. Two weeks ago I went to Montreal for the FBI fingerprinting procedure which I'm told takes another 12 weeks. Meantime, everything I own is sitting in California, along with my job which I am not allowed to return to until the paperwork is processed.
This is---of course---very disturbing to the reader. Moreover it should concern Canadians and Americans:
What should TNs do?
First, do not put off a Green Card application. This can only postpone the issue until waits and exposure increase. There are many advantages to Green Card status, as listed in the FAQ.
Study the strategy spelled out in the FAQ. Use immigration counsel to:
If you do run into a problem review our page Stopped at the Border. Better yet, consult with immigration counsel before problems surface.
Update: See A Happy Ending..., December 19, 1995, above.
(December 1, 1995 update)
Senator Simpson's Bill 1394 continues through the legislative process. (See below) This new law would be the most devastating immigration law I have ever seen for international business.
The law will certainly be softened as it progresses through the committees. Nevertheless, the mood in Congress is tough. There's a good chance that many of these provisions will become law.
We urge our Canadian business clients: avail yourself of the many green card opportunities that exist now. Contact us to expedite your application.
Here is a summary of the law, courtesy of the American Immigration Lawyers Association and immigration attorney Alan S. Musgrave.
1. Reduces Overall Supply of Employment-Based Visas from 140,000 to 85,000.
2. Reduces Exemptions from Labor Certification
3. Increases Requirements for Labor Certification
4. Increases Employer's Costs for Labor Certification
On November 3, 1995, Senator Alan Simpson introduced Senate Bill 1394, an act to restructure and reduce employment-based legal immigration, among other objectives. Senator Simpson proposes, first, to reduce the number of immigrant visas available for prospective foreign employees. He proposes also to reduce the circumstances in which U.S. employers are relieved of applying for labor certification and to make the labor certification process more demanding. He proposes to increase the qualifications required of persons on whose behalf applications for labor certification are filed. He proposes substantially to increase the financial costs to employers of obtaining labor certification. Immigrant visas for unskilled foreign workers will be entirely eliminated, and immigrant visas for skilled workers will be substantially reduced. Additionally, immigration based on business investment and creating jobs for U.S. workers will be restricted.
Urgent action required---Call the Capitol Switchboard at 202-224-3121 to reach your Senator's office.
(December 1, 1995 update)
Is it true that unlike an H-1, the TN visa doesn't get you any points towards the green card?
Today I received this inquiry. This is the third or fourth time I've been asked this.
No. It is not true. Selection of these temporary permits make no difference to your permanent success.
In fact, if you're Canadian---and on an H-1---you're probably on the wrong visa.
Compare the graphics "TN at a Glance" with "H-1 at a Glance" to see the TN advantage. You can get TN permits right at the border. We estimate that thousands of Canadians are needlessly subjected to onerous H-1 red tape.
Before seeking an H-1 for your Canadian employee (or for yourself) ask us if a TN would be better. If the permit is for a computer professional our special report explores the nuances of these permits.
(December 1, 1995 update)
Half of cross border companies surveyed help employees' spouses get work permits.
Today I received the results of the Survey of Cross Border and International Relocation Transfer Policies. I was quite surprised at this high figure.
Here are more details:
50% of companies transferring employees permanently, will assist with an employee's spouses work permit. Even 44% of those transferring employees temporarily, will help with the work permit. These figures reflect transfers both ways, between Canada and the U.S.A.
I've heard HR managers say that working spouses is the human resource issue of the 90's. Immigration is an important component of this issue. "Can my spouse work in the U.S." is one of the first questions our clients ask before committing to the move. This question is on the FAQ-Frequently Asked Questions. Working spouses is also an important component of the Definitive HR Checklist.
The same Survey respondents also report that they outsource over half (52%) of their visa work to legal firms. (See below.)
This information is in the Survey of Cross Border & International Relocation Transfer Policies by CERC (The Canadian Employee Relocation Council.) Survey respondents were CERC Corporate members with regular international relocation activity.
CERC is the premier Canadian organization concerned with employee relocation. I am a member of this excellent organization. You can get membership information from CERC headquarters, Voice: 416.489.2555, Fax: 416.489.2850.
(December 1, 1995 update)
Over half of employers surveyed use lawyers to handle immigration work.
The CERC survey (see above) reveals that immigration counsel handles 52% of respondents' work visas between Canada and the U.S.
Other tabulations show companies using:
Numbers total more than 100% because companies will often use a combination of approaches. At our office for example, clients will often use our services for the difficult cases or those viewed as important to corporate development. (See the FAQ "Do I Need a Lawyer" for more information.)
These statistics follow a growing HR outsourcing trend. Another CERC survey reports twenty out of twenty one respondents outsourcing some or all of their general relocation activity. Critical reasons include:
This Web site contains a comprehensive checklist of outsourceable functions. We invite readers to discuss the feasibility of outsourcing immigration work to business immigration lawyers. Consider the services we can provide when making your decision.
Half of the respondents go on to state that "Visa/Customs/Immigration" constitutes a major challenge/obstacle their company faces in effectively relocating employees.
(December 1, 1995 update)
James Yager---author of two of our Web pages---received the CERC Annual Editorial Award.
The award recognizes a series of his articles about Cross Border and International Taxation.
CERC (The Canadian Employee Relocation Council) grants an annual Editorial Award for writing excellence in the field of employee relocation.
James is a cross border tax specialist for KPMG Peat Marwick Thorne. You can review his work at this Web site:
(November 24, 1995 update)
Actuaries face a bit of uncertainty when appearing at the border to get a TN permit.
Here's why:
Actuaries are not on the TN list of qualifying professionals. On the other hand, statisticians and mathematicians are on the list.
One Free Trade Officer advises one of my colleagues that "because actuaries are not in the TN list, he would not grant TN classification to a Canadian actuary." He interprets the TN list literally.
Another Free Trade Officer at another Port of Entry disagrees. He advised another of my colleagues that he (the FT Officer) has directions allowing an actuary with a statistics, math or actuary degree to qualify for TN status.
What can you do to increase the certainty of a quick border approval?
Do you have any experience qualifying for TN as an actuary? If so, please share your information.
Bookmark this page (http://www.grasmick.com/whatsnew.htm) for future developments.
(November 21, 1995 update)
A manager of a new consulting company sent us this e-mail:
"My...suggestion...would be to make more HR managers aware of your services. It's kind of a 'hidden from public dilemma'. Most HR managers...don't go around telling Americans that they want to hire a Canadian, unless they are really desperate for help. And most HR people are probably as mystified of the immigration issues as I am. You need to somehow let them know that (for what I assume could cost the same as a good head hunter finding a U.S. employee) they could recruit from Canada. There is a lot of good, mobile talent graduating from Canadian universities who would like the idea of working temporary positions in the USA. Immigration (to many an unnecessary delve into more government scrutiny) is more of a "worry" than a solution. You need to find ways to turn the tables towards 'solution'".
This excellent comment hits on three hot issues:
1. Political correctness of hiring Canadians.
Our immigration laws are set up to protect the U.S. labor market. Business visas actually result in improved employment for U.S. workers:
See the questions on the FAQ-Frequently Asked Questions, "Why should we hire a Canadian?" for more information.
2. Turning problems into opportunities.
Business success requires converting problems into opportunities.
Immigration permits provide useful tools for astute hiring managers.
Here's how to do it:
3. Using recruiters.
The commenting reader feels that by expanding recruitment into Canada, you can avoid recruiters.
A better method may be to use a recruiter and advise your recruiter to also look at Canadian applicants.
Our office actually uses these professionals to fill our own legal and support positions in our office. We've found that outsourcing helps in a number of areas: identifying prospects, interviewing, checking references and post-hiring counseling.
Whatever your approach, don't stop at the border.
(November 16, 1995 update)
The American Immigration Lawyers Association (AILA) is quite concerned with Senator Simpson's Bill 1394. (See November 9 update, below.)
Here is November 14 information from that organization:
Markup on Senator Simpson's Bill, S. 1394 has been postponed until November 29, 1995. Senator Simpson has cancelled the markup scheduled for tomorrow and set a new date of November 29th for markup in the Senate Immigration Subcommittee...Urgent action still required---Call the Capitol Switchboard at 202-224-3121 to reach your Senator's office: It is important that Subcommittee members and all members of the Senate hear from their constituents! Simpson still intends to...send the...bill to the full Judiciary Committee for markup before the Senate recesses in mid-December.
Several business associations held a press conference yesterday to declare their opposition to the Simpson bill. Declaring the bill "anti-business and anti-immigrant", leaders of the National Association of Manufacturers, the U.S. Chamber of Commerce, the Business Software Alliance, the Information Technology Association of America and others called on the Senate to stop the bill and send it back to Senator Simpson for reconsideration and rethinking.
(November 9, 1995 update)
Senator Simpson introduced immigration bill S. 1394 late Friday. This bill would devastate the temporary and permanent intra-company transferee category.
Amongst other provisions, the bill:
This is only proposed legislation. Nevertheless the prudent HR manager may wish to:
Senator Simpson has scheduled markup of his bill in the Senate Immigration Subcommittee for Wednesday November 15th. He has indicated that he hopes to send the bill to the full Judiciary Committee for markup before the Senate recesses in mid-December.
(October 13, 1995 update)
Prepare your TN Management Consultant employees for this question: "Do you own the company you'll be working for?"
We've noticed that Free Trade Officers are asking this question.
This is because TN's are not to be "self-employed" in the U.S. Many management consultants are self-employed.
Up to now, only sole proprietors were clearly ineligible for TN status. Now, INS is scrutinizing 100%...or even majority...owners of employing companies.
Here are some pointers:
(October 6, 1995 update)
Today I returned from an INS office where I personally accompanied two Canadian executives and their families for an adjustment of status application. That West coast office was not yet aware that Canadians can obtain multiple entry advance parole travel permission for up to one year.
In a June 1995 update to this newsletter we announced that permanent residency applicants no longer need to apply for permission each time they leave the country. A new INS memo to all districts allows for a single application to last for as long as it takes to get the green card.
This benefit is especially important to Canadian executives, who must frequently travel between the two countries on short notice.
If your employees plan to apply for U.S. green cards, be prepared to take extra efforts to obtain these new liberalized benefits.
(October 4, 1995 update)
Personnel departments routinely ignore the opportunities provided by NAFTA.
We have seen this trend reported in Usenet postings and e-mail to our office. This message we received from a Canadian PhD Biochemistry/Eye Research scientist is typical:
As far as employers go, I have found that no one knows about the TN system, i.e., universities and government departments are used to doing everyone in the same way and they are annoyed if some Canadian suggests they just do it as a TN.
The TN is usually faster and easier than the H-1. Many Canadians who qualify for the TN will not qualify for the H-1. This means that you can look to Canada for that hard-to-fill position. Creative HR managers are especially successful in finding qualified Canadian applicants for computer positions.
A well-rounded HR professional should be aware of international recruitment opportunities. Canada should be an especially attractive target, as the same scientist states:
Canadians are well liked as post-docs, commercial scientists, because of our training [and language] which is very similar to the U.S.
If you have a Canadian applicant, we suggest running the resume through the interactive visa selector. Look at a former Fortune 500 VP's advice concerning when to outsource relocation functions. Check the "HR Manager's Toolkit" section of the home page. Before rejecting a Canadian applicant you may wish to contact our office for ideas.
(October 1, 1995 update)
Do you plan to bring in an employee as a TN Management Consultant?
If so, you may wish to rethink the benefits package.
Today I received word that INS inspectors for at least one major Port of Entry now ask TN applicants: "Are you receiving any employee benefits?" The purpose is to see if the applicant qualifies as a supernumerary management consultant. The theory: if a person receives employee benefits, that person is not really a management consultant. This derives from the old image of management consultants: hired guns brought in from the outside to solve a problem and leave.
Whatever the merits of this theory, watch your benefits packages. It may be wise to stick to a straight salary. If there are benefits, point out that the employer must provide these benefits: they are required by law or by corporate policy. Point out that regulations will not allow self-employed TN Management Consultants---the employer has no choice but to treat all employees fairly.
(October 1, 1995 update)
Having trouble finding a Chinese or Spanish speaking engineer?
You're not alone. Astute HR managers are using immigration permits for these hard to fill job openings. The result: increased exports for the company and increased employment for U.S. workers.
We've noticed an increased demand for Spanish and Chinese speaking engineers. In fact, HR managers and recruiters are asking us if we have any clients that qualify.
This is because of emerging markets in the Pacific Rim and in Latin America. Employers need managers and professionals with cultural, business and language experience to develop these markets. The VP for marketing for one of our clients sums it up: "It all depends on hiring someone that knows the ropes there."
Whenever demand exceeds supply U.S. employers must look beyond U.S. citizen applicants. This assures an adequate pool of candidates for selection.
Canadians are attractive candidates for these posts. Canadians, for example, qualify for the TN permit which is usually quicker, easier and cheaper than the H-1 alternative. Canada now has a substantial and highly educated Chinese-speaking constituency. While not as numerous, Spanish-speaking professionals can be found.
We encourage you not to summarily reject applicants who do not have U.S. citizenship. At least run the most promising resumes through the Interactive Visa Selector. E-mail our office with resumes of your finalists. We can then advise you how much time, effort and expense would be required for the work permit. You can then make an educated decision. You may also wish to review the checklist of other non-immigration factors relating to hiring a Canadian citizen.
Also note that improving the U.S. balance of trade by fomenting exports to these markets is in the national interest. This may mean quicker green cards for these employees. See the FAQ-Frequently Asked Questions for more information on the National Interest Waiver. The same FAQ also lists the benefits of having a Green Card.
(September 27, 1995 update)
The Northern Service Center now requires full college transcripts for work permit applications.
Today, a well-informed Internet source advises us that INS is now kicking back applications that do not have full transcripts. This is true even if the application contains a diploma and a credentials evaluation from an independent agency. See the FAQ for information about how kickbacks can jeopardize your company.
A transcript is a list of courses, corresponding credit hours and grades.
This policy pertains to the following:
Ordering transcripts and the subsequent evaluation takes time. It is often the longest step in the document assembly time line. Ask your employees to contact the university as the first step.
(September 27, 1995 update)
We've received recent messages from unsuccessful TN border applicants.
Unsuccessful applicants seem to have one thing in common: they do not have a clear bachelor's level degree relating to the job on the TN list. This includes computer-related job descriptions under the management consultant, systems analyst and scientific technician/technologist category.
Many TN professions do not require a 4-year college degree. Nevertheless, a bachelor's degree provides a bright line test, easy to administer. Where the rules allow something other than a clear degree to qualify...the system slows down.
This is because the intent of the NAFTA TN list was to give border inspectors "black and white" tests for decisions. This was to minimize the amount of training required for border inspectors. It was also to keep the border traffic flowing by facilitating quick decisions for people waiting in line.
There are other problems recurring amongst the disappointed applicants: some applicants simply chose the wrong profession on the TN list. Others were not prepared with the correct paperwork.
Another common characteristic of these disappointed computer professionals: they were not represented by legal counsel. (See the FAQ, "Do I Need a Lawyer?")
At least contact our office before you send your employee to the border...especially if you are using one of the of the "fuzzy" TN categories that do not require a clear bachelor's degree. Make sure you choose the right TN category for your employee and that you provide all the necessary paperwork. Get it right the first time.
(September 25, 1995 update)
We appreciate your feedback.
Here is a recent comment from a reader. You may wish to follow the link, in case the cited information can help you:
I just wanted to say THANK YOU! I have spent hours on the phone with the local INS office. To obtain a list of TN Professions for Canadians I would have had to get in line at 5:00 a.m. and spend all day waiting in line. I can't tell you how thrilled I was to find you on the Internet. I found all the information I needed.
(September 26, 1995 update)
If you have a U.S. Citizen employee with a green carded spouse, read the following:
There's a newly liberalized little-known loophole: Citizenship for green card spouses is instant if the green card holder follows the US Citizen husband or wife to certain overseas assignments that benefit the U.S. No waits are necessary.
Normally, a person must wait 3 years for citizenship, after getting the green card.
(October 13, 1995 update)
Prepare your TN Management Consultant employees for this question: "Do you own the company you'll be working for?"
We've noticed that Free Trade Officers are asking this question.
This is because TN's are not to be "self-employed" in the U.S. Many management consultants are self-employed.
Up to now, only sole proprietors were clearly ineligible for TN status. Now, INS is scrutinizing 100%...or even majority...owners of employing companies.
Here are some pointers:
(October 6, 1995 update)
Today I returned from an INS office where I personally accompanied two Canadian executives and their families for an adjustment of status application. That West coast office was not yet aware that Canadians can obtain multiple entry advance parole travel permission for up to one year.
In a June 1995 update to this newsletter (see below) we announced that permanent residency applicants no longer need to apply for permission each time they leave the country. A new INS memo to all districts allows for a single application to last for as long as it takes to get the green card.
This benefit is especially important to Canadian executives, who must frequently travel between the two countries on short notice.
If your employees plan to apply for U.S. green cards, be prepared to take extra efforts to obtain these new liberalized benefits.
(October 4, 1995 update)
Personnel departments routinely ignore the opportunities provided by NAFTA.
We have seen this trend reported in Usenet postings and e-mail to our office. This message we received from a Canadian PhD Biochemistry/Eye Research scientist is typical:
As far as employers go, I have found that no one knows about the TN system, i.e., universities and government departments are used to doing everyone in the same way and they are annoyed if some Canadian suggests they just do it as a TN.
The TN is usually faster and easier than the H-1. Many Canadians who qualify for the TN will not qualify for the H-1. This means that you can look to Canada for that hard-to-fill position. Creative HR managers are especially successful in finding qualified Canadian applicants for computer positions.
A well-rounded HR professional should be aware of international recruitment opportunities. Canada should be an especially attractive target, as the same scientist states:
Canadians are well liked as post-docs, commercial scientists, because of our training [and language] which is very similar to the U.S.
If you have a Canadian applicant, we suggest running the resume through the interactive visa selector. Look at a former Fortune 500 VP's advice concerning when to outsource relocation functions. Check the "HR Manager's Toolkit" section of the home page. Before rejecting a Canadian applicant you may wish to contact our office for ideas.
(October 1, 1995 update)
Do you plan to bring in an employee as a TN Management Consultant?
If so, you may wish to rethink the benefits package.
Today I received word that INS inspectors for at least one major Port of Entry now ask TN applicants: "Are you receiving any employee benefits?" The purpose is to see if the applicant qualifies as a supernumerary management consultant. The theory: if a person receives employee benefits, that person is not really a management consultant. This derives from the old image of management consultants: hired guns brought in from the outside to solve a problem and leave.
Whatever the merits of this theory, watch your benefits packages. It may be wise to stick to a straight salary. If there are benefits, point out that the employer must provide these benefits: they are required by law or by corporate policy. Point out that regulations will not allow self-employed TN Management Consultants---the employer has no choice but to treat all employees fairly.
(October 1, 1995 update)
Having trouble finding a Chinese or Spanish speaking engineer?
You're not alone. Astute HR managers are using immigration permits for these hard to fill job openings. The result: increased exports for the company and increased employment for U.S. workers.
We've noticed an increased demand for Spanish and Chinese speaking engineers. In fact, HR managers and recruiters are asking us if we have any clients that qualify.
This is because of emerging markets in the Pacific Rim and in Latin America. Employers need managers and professionals with cultural, business and language experience to develop these markets. The VP for marketing for one of our clients sums it up: "It all depends on hiring someone that knows the ropes there."
Whenever demand exceeds supply U.S. employers must look beyond U.S. citizen applicants. This assures an adequate pool of candidates for selection.
Canadians are attractive candidates for these posts. Canadians, for example, qualify for the TN permit which is usually quicker, easier and cheaper than the H-1 alternative. Canada now has a substantial and highly educated Chinese-speaking constituency. While not as numerous, Spanish-speaking professionals can be found.
We encourage you not to summarily reject applicants who do not have U.S. citizenship. At least run the most promising resumes through the Interactive Visa Selector. E-mail our office with resumes of your finalists. We can then advise you how much time, effort and expense would be required for the work permit. You can then make an educated decision. You may also wish to review the checklist of other non-immigration factors relating to hiring a Canadian citizen.
Also note that improving the U.S. balance of trade by fomenting exports to these markets is in the national interest. This may mean quicker green cards for these employees. See the FAQ-Frequently Asked Questions for more information on the National Interest Waiver. The same FAQ also lists the benefits of having a Green Card.
(September 27, 1995 update)
The Northern Service Center now requires full college transcripts for work permit applications.
Today, a well-informed Internet source advises us that INS is now kicking back applications that do not have full transcripts. This is true even if the application contains a diploma and a credentials evaluation from an independent agency. See the FAQ for information about how kickbacks can jeopardize your company.
A transcript is a list of courses, corresponding credit hours and grades.
This policy pertains to the following:
Ordering transcripts and the subsequent evaluation takes time. It is often the longest step in the document assembly timeline. Ask your employees to contact the university as the first step.
(September 27, 1995 update)
We've received recent messages from unsuccessful TN border applicants.
Unsuccessful applicants seem to have one thing in common: they do not have a clear bachelor's level degree relating to the job on the TN list. This includes computer-related job descriptions under the management consultant, systems analyst and scientific technician/technologist category.
Many TN professions do not require a 4-year college degree. Nevertheless, a bachelor's degree provides a bright line test, easy to administer. Where the rules allow something other than a clear degree to qualify...the system slows down.
This is because the intent of the NAFTA TN list was to give border inspectors "black and white" tests for decisions. This was to minimize the amount of training required for border inspectors. It was also to keep the border traffic flowing by facilitating quick decisions for people waiting in line.
There are other problems recurring amongst the disappointed applicants: some applicants simply chose the wrong profession on the TN list. Others were not prepared with the correct paperwork.
Another common characteristic of these disappointed computer professionals: they were not represented by legal counsel. (See the FAQ, "Do I Need a Lawyer?")
At least contact our office before you send your employee to the border...especially if you are using one of the of the "fuzzy" TN categories that do not require a clear bachelor's degree. Make sure you choose the right TN catgegory for your employee and that you provide all the necessary paperwork. Get it right the first time.
(September 25, 1995 update)
We appreciate your feedback.
Here is a recent comment from a reader. You may wish to follow the link, in case the cited information can help you:
I just wanted to say THANK YOU! I have spent hours on the phone with the local INS office. To obtain a list of TN Professions for Canadians I would have had to get in line at 5:00 a.m. and spend all day waiting in line. I can't tell you how thrilled I was to find you on the Internet. I found all the information I needed.
(September 28, 1995 update)
California Assemblymember Grace Napolitano provides us with the news about a conference that may interest Canadian and U.S. readers...especially Californians:
Office of Assemblymember Grace Napolitano
State Capitol Room 6012
Sacramento, CA
E-mail: vasquelm@assembly.ca.gov
PHONE: (916) 445-0965
FAX: (916) 327-1203The California State Assembly Select Committee on the Americas will be hosting a free International Trade Conference on the Americas, which is to be held on Friday, November 3, 1995 at Cerritos College in Norwalk.
To date, we have received approximately 200 company profile forms from a wide variety of California companies who have expressed interest in participating in this event. While we realize that this invitation is being given on short notice, if you are interested in participating, we would certainly like to include your company profile in our book, which will be sent to all 27 nations of the Americas.
You may be interested in knowing that the Honorable Murray Smith, Minister of Alberta, Canada, will be a keynote speaker, and a trade delegation from Alberta and British Columbia will also be in attendance. We also anticipate high level keynote speakers from the U.S. Agency for International Development, the California Trade and Commerce Agency, and others.
This event has been widely supported by federal, state, and local agencies, as well as private sector firms. Southern California Edison has donated its database of 28,000 names to the Committee, and they have agreed to personally telemarket 2,500 companies (which have been selected by industry and geographic area), with a guarantee that we have 300 - 500 people in attendance.
We have also been notified that the following groups are performing the following kinds of outreach for this event:
(1) California Manufacturer's Association has sent a mailer out to all 800 of its members
(2) The State Bar of California has contacted all of the members of its international law section (approximately 2,000 lawyers in the state).
(3) The U.S. Department of Transportation Maritime Administration has given us its entire database of 1,500 importers and shippers, and we are in the process of contacting them now.
(3) The U.S. Department of Transportation Maritime Administration has given us its entire database of 1,500 importers and shippers, and we are in the process of contacting them now.
(5) The California Association of Local Economic Developers' international division has donated its mailing list.All of this is in addition to the work by literally dozens of local chambers of commerce and other private sector firms, as well as federal and state agencies. As you can see, this event proves to be very exciting. We certainly hope that you will be able to join in our efforts. For information and a company profile form, please contact Linda Vasquez at (916) 445-0965 by telephone and (916) 327-1203 by fax.
INTERNATIONAL TRADE CONFERENCE OF THE AMERICAS PARTIAL SUMMARY OF PARTICIPANTS AND ATTENDEES (Updated 9/15/95)
SPONSOR Assemblymember Grace Napolitano, Chair California State Assembly Select Committee on the Americas
INVITED KEYNOTE SPEAKERS/PRESENTERS:
The Honorable Bill Clinton, President of the United States -- VIDEO PRESENTATION REQUESTED (Confirmation Pending)
The Honorable J. Brian Atwood, Administrator, U.S. Agency for International Development -- KEYNOTE -- (Confirmation pending)
The Honorable Ron Brown, Secretary of Commerce, U.S. Department of Commerce -- KEYNOTE --(Pending)
The Honorable Murray Smith, Minister of Alberta, Canada -- KEYNOTE -- CONFIRMED
Mr. Jim Armet, Director Southwest USA, Tourism, Trade and Investment, Alberta, Candada -- RESOLUTION RECIPIENT -- CONFIRMED
The Honorable Emery Barnes, Speaker of the British Columbian Parliament -- KEYNOTE -- CONFIRMED
The Honorable Luis Maria Riccheri, Ambassador of Argentina -- Honored Guest -- Confirmation Pending
Dr. Herminio Blanco -- Secretary of Commerce -- Mexico -- Confirmation PendingFOREIGN DIGNITARIES CONFIRMING ATTENDANCE (27 NATIONS INVITED)
ARGENTINA: Ambassador Luis Maria Riccheri (Confirmation pending)
BOLIVIA: Acting Consul General Maria Rosario Jimenez (Confirmed)
CANADA Consul General Dennis Browne
Dep. Consul General & Sr. Trade Commissioner Allan Poole
Alberta: Honorable Murray Smith, Minister (Confirmed)
Jim Armet, Director, Southwest USA, Alberta Economic Development and Tourism (Confirmed)
British Columbia: Speaker Emery Barnes, British Columbian Parliament (pending)
Peter MacLeane, BC Trading Corp. (Confirmation pending)
Honorable Bill Barlee, Minister, British Columbia (pending)
Quebec: Mr. Luc Carignan, Director of Trade and Investment for the Quebec Government (Confirmation pending)
EL SALVADOR Honorable Gerardo Sol Mixco, Consul General (pending)
MEXICO: Honorable Jose Angel Pescador, Consul General (confirmed)
PERU Honorable Mario Velez, Consul General (pending)FEDERAL AGENCIES
Export-Import Bank of the United States
U.S. Export Assistance Center Office of the North American Free Trade Agreement
U.S. Department of Commerce's International Trade Division (Confirmation pending)
U.S. Agency for International Development West Coast Region U.S. Department of Commerce (ITA)
U.S. Export Assistance Center U.S. Department of Transportation Maritime AdministrationSTATE AGENCIES/RESOURCES
California Trade and Commerce Agency:
Export Finance Office
Export Small Business Development Center
Office of Export Development
Department of Food and AgricultureLEGAL RESOURCES
The State Bar of California
EDUCATIONAL RESOURCES
Cerritos College Economic Development Network, California Community Colleges
Rio Hondo CollegeBANKING INSTITUTIONS
Union Bank
First Interstate BankUTILITIES
Southern California Edison
The Gas CompanyGTE PORTS
Port of Los Angeles
Port of Long BeachABBREVIATED SUMMARY OF THOSE INVITED FROM PRIVATE SECTOR
California Chamber of Commerce
Los Angeles Area Chamber of Commerce
Southern California Association of Governments
25 Assembly Districts' Chambers of Commerce
Greater LA World Trade Center Association
Export Managers Assocation of California
Private Industry Council of Southeast Los Angeles County, Inc.
California Building Industry Association
Business Network Expositions
California Manufacturer's Association
Southern California Edison
The Gas Company
GTE
California Business Alliance
San Gabriel Valley Commerce and Cities Consortium
Free Trade Zone of Sacramento
Foreign Trade Association of SoCA
California Coalition of Hispanic Organizations
Agricultural Council of California
Society of Hispanic Professional Engineers
Business Network Expositions
Santa Fe Springs Chamber of Commerce
El Monte/South El Monte Chamber of Commerce
Rosemead Chamber of Commerce
Long Beach Chamber of Commerce
Norwalk Chamber of Commerce
National Latina Alliance
(September 26, 1995 update)
If you have a U.S. Citizen employee with a green carded spouse, read the following:
There's a newly liberalized little-known loophole: Citizenship for green card spouses is instant if the green card holder follows the US Citizen husband or wife to certain overseas assignments that benefit the U.S. No waits are necessary.
Normally, a person must wait 3 years for citizenship, after getting the green card.
(August 8, 1995 update)
We predict that Congress will soon cut immigration by at least 1/3.
This will mean longer waits for business green cards. This will hurt Canadians to the same degree as it hurts other business immigrants.
Green cards are permanent. TN's, L-1's and H-1's are only temporary. Your company could suddenly find itself without a key Canadian employee.
As discussed in the FAQ (Frequently Asked Questions), a Green Card is often the only tool available to HR managers to secure working status for a Canadian employee's spouse. To see a list of other Green Card advantages, see the FAQ.
We urge all visitors to this page, to write or e-mail their Representative or Senator. A sample letter, courtesy of Siskind and Susser, may be useful.
Above all, we urge our readers who are contemplating immigration benefits: move now! The benefit you seek today, could be gone tomorrow. If you have an employee on L-1 or TN status contact us to convert it to a green card. We have special techniques to expedite your applications. At the very least, keep this page on your hotlist/bookmarks to hear the news as it develops.
Here is information you can include in your communications to Congress, and to others (Courtesy of the American Immigration Lawyer's Association):
Do not reduce visa numbers for employment-based immigrants. H.R.1915 directly removes 5,000 employment-based visas. It also, however, eliminates an additional 27,500 employment-based visas to make up differences in excess family admissions. Reducing business visas will create significant backlogs for many employment-based categories, including professionals, causing significant difficulties for the U.S. companies who rely on these individuals.
Eliminate the rigid experience requirements for professionals and skilled workers. In key industries, the most critical advances require individuals with cutting-edge knowledge. Imposing arbitrary experience requirements makes it impossible for companies and institutions in these areas to obtain the skills they need at the time they are needed. The stated purpose of such requirements -- to give U.S. workers equal or better access to the same jobs -- is already met through thorough testing of the labor market that must take place before these individuals can be hired.
Reinstate the priority category in the first employment-based preference for outstanding professors and researchers. U.S. employers and academic institutions compete globally for the best and the brightest of these individuals, who provide essential expertise to keep our research at the forefront of many diverse fields. This not only assists our companies maintain American dominance in technologies, but ensures that our students will continue to be exposed to the most advanced theories in cutting-edge areas. The current process only exempts employers from costly labor certification processes; the individuals must still pass rigorous regulatory muster to be considered outstanding.
Reinstate the waiver from labor certification for those whose immigration is found to be "in the national interest." U.S. employers should not be arbitrarily required to undertake labor certification where the immigration of an advanced degree profes- sional is so obviously in our national interest as to be certified as such. INS's recently promulgated regulations to limit further the activities that can constitute the national interest and the types on individuals that can qualify for the category should be tested, not made obsolete.
Employers need a program for temporary professional workers which they can follow with certainty and which punishes abusers. U.S. employers need to have clear rules on their use of H-1B temporary professionals with which they can comply, and protection when they are in such compliance. Employers who are not "depen- dent" on H-1B nonimmigrants should have an accessible, streamlined process not dependent on unnecessary regulations. On the other hand, those who abuse the program should be subject to even greater restrictions and punishment.
(August 1995 update)
Are you filing for an H-1?
Be careful. The INS is taking a close look at petitions, where the application is for more than one employee. This is a result of a recent TV feature program, focusing on alleged abuse by computer programers.
The Northern Service Center scrutinizes applications for computer software personnel. According to a representative of the NSC:
Our big concern continues to be speculative employment. Businesses which contract out computer personnel in many cases do not have a specific job lined up at the time the petition is filed. For this reason we are asking for contracts and/or purchase orders between the petitioner, the beneficiary, and the client business. Generally, we are getting these third party contracts and are approving the petitions for the length of the contract.
An INS kickback or denial can destroy your business plans. We urge our Canadian clients to look at the easier B-1 or TN permits. Many H-1 Canadians should be on a TN anyway. If you have to file for an H-1, make it bombproof.
(June 1995 update)
According to a well-placed source in Washington, INS will soon become strict when deciding National Interest Waiver applications.
National Interest Waiver applications are a way to get a green card without going through the onerous individual labor certification process. The labor certification process can take over two years in some places. For more information on National Interest Waivers see the FAQ (Frequently Asked Questions).
Anyone qualifying for the National Interest Waiver should apply now.
(June 1995 update)
The same well-placed source says that there will be no more visa lotteries.
The visa lottery is a way to get a green card without an employer or family sponsor. Each year, nationals of certain countries can get green cards on a lottery basis. The purpose of the lottery is to diversify immigrants to the U.S. The lottery gives green cards to people from countries that have relatively low rates of immigration to the U.S. (See the FAQ (Frequently Asked Questions) for a list of advantages to having a green card.)
This source feels that Congress will take the visas which would normally be used for successful lottery applications, and put them into the regular system. See Grasmick's Complete List for an overview of that system.
The impact on most readers will be minimal, since Canadian-born people have not been eligible anyway. Nevertheless, Canadian citizens born in a different qualifying country had been eligible and will be affected by this change.
(June 1995 update)
The INS will now let you travel freely between the U.S. and Canada while they are handling your application.
Before now, after applying for your green card, it was difficult to leave the U.S. while INS was doing the green card paperwork.
Now you can more easily get travel permission---called Advance Parole---for up to a year, using the form I-131 found in your Handbook.
You longer need to show an emergent business or personal reason for the trip. Any good reason will do. Also, there are no longer any strict time limits. The travel permit can be for as long as it takes to decide your application.
Word may not have filtered down to the examiners yet. If your green card is in process e-Mail or call us so we can give you the reference to an INS cable.
Patient care incidental to teaching and/or research is permissable under TN status. TN permits for Canadian citizens under NAFTA are a quick way to live and work in the U.S. Canadians can obtain the permit right at the border.
On the other hand, TN physicians cannot work primarily in clinical or direct patient care.
This information is from a recent letter from the chief of the Nonimmigrant Branch of the Adjudications section of the INS.
If the medical doctor graduated from a U.S. medical school, the rules are more liberal. In this case, the patient care is not limited to "incidental" care. TN professionals graduating from a U.S. medical school can freely perform full patient care. This includes residencies or internships.
U.S. citizenship rules have been dramatically liberalized. Congress made two changes effective March 1:
1) All U.S. citizen mothers can now pass on citizenship to their children. Previously, if the child was born before 1934, only U.S. citizen fathers could pass along citizenship.
2) The child need not have lived in the U.S. at all. Congress abolished the "retention requirement".
We estimate that one out of twenty Canadians has a potential citizenship or green card claim based on an ancestor's citizenship. Many thousands have been denied citizenship on the old rules---and can now reinstate their U.S. passport applications.
Starting April 1 the U.S. Consulate in Montreal will now take over immigrant visa applications from the Consulate in Toronto. Also, the State Department now requires at least two visits to the Consulate---one for the final interview and an earlier visit for special fingerprints. A third trip may be necessary for the pre-interview medical exam.
The result to you could be additional travel. You may wish to consider doing the interview in the U.S. at an INS office, instead of traveling to Montreal. HR managers may find a U.S. application more cost effective. Ask us to assist your company with your decision.
A new rule creates a presumption that you've abandoned your U.S. residency if you file a tax return as a Nonresident. This means that if you file a 1040 NR form---or no U.S. tax form at all---the INS could lift your green card.
Also, if you find yourself spending more time in Canada than you expected when you received your green card, call us. You may wish to obtain a Returning Resident permit. This permit will preserve your green card and simplify border crossings.
If you are on a temporary permit consider short-term strategies to save tax dollars.
We are proud to inform you that we recently received the Martindale-Hubbell Law Directory's highest rating: an AV rating. The company advises: "this is a result of an extensive, confidential review conducted among the legal profession in your community . . . It signifies that your legal abilities are of the very highest standard and that your professional ethics and conduct are above question."
Many thanks to our clients and friends who have given us the means to gain this accolade.
.
The Handbook is now in it's 6th printing. The publisher advises us that the book has one of the highest renewal rates in their collection. We author this book, published by Carswell, the leading Canadian law book publisher. It serves to educate our clients, making them better participants in the immigration procedures. It also helps many people do simple procedures, themselves.
© 1996 Law Office of Joseph C. Grasmick, Business Immigration
Search | Home & Contents | FAQ | News | Order Handbook | E-mail
Law Office of Joseph C. GrasmickThis Internet Web page is http://www.grasmick.com/1995news.htm