3 ms·

The TN visa is not ideal for devs/hackers as you would have to apply under the guise of "Computer Systems Analyst." Unless your employer is willing to provide y

by zmitri 16y ago

The TN visa is not ideal for devs/hackers as you would have to apply under the guise of "Computer Systems Analyst." Unless your employer is willing to provide you with a job description that explicitly states computer systems analyst and does not mention being a developer/programmer then you should be good for a TN. http://en.wikipedia.org/wiki/Systems_analyst http://en.wikipedia.org/wiki/Systems_analyst Graphic designers and mathematicians (including statisticians.. think AI) on the other hand should be fine.

patrickk 16y ago
It seems crazy that there would be visa restrictions on developers, when Silicon Valley seems to be short of them (good developers) at the moment (see Google's 10% pay rise and them squaring off with Facebook for employees etc.)
- shadowfox 16y ago
  > Silicon Valley seems to be short of them (good developers) There seems to be debate on this point : http://en.wikipedia.org/wiki/H-1B_visa#No_labor_shortages http://en.wikipedia.org/wiki/H-1B_visa#No_labor_shortages
ojbyrne 16y ago
I've been on a TN 3 times (don't ask) and it's always been as an Engineer, i.e. Software Engineer.
- zmitri 16y ago
  Do you have an engineering degree? Could someone who did CS qualify for that position without being an "Engineer"?
  - ojbyrne 16y ago
    I have a CS degree, an MBA, and lots of experience.
patio11 16y ago
I generally have visa issues with a particular non-US nation, but the entire reason to have an HR department is to have someone who knows how the game is played when writing a letter/application responsive to legal requirements. The bullet points to hit: 1) Employer, a well-regarded National company in the business of blah with Social Proof, Social Proof, and Social Proof, has been recently stymied by lack of Insert Statutory Language Here. This is materially impacting their financial performance and damaging the economy and national security of Nation. It has been particularly difficult to find someone capable of Insert Statutory Language Here because of the business necessity for Extraordinary Talent In Short Supply In Nation. 2) After a period of searching, Employer has identified Candidate. Candidate is the perfect fit for Employers needs, and as such hiring him is critical to the economy and national security of Nation. Additionally, Candidate alone possesses Critical Talent Identified Above. 3) Candidate will be employed as a Insert Statutory Language Here to do Insert Statutory Language Here and Insert Statutory Language Here, and such other tasks as may be required. By the way, if you can't find a national security angle, you aren't thinking hard enough. Well-run bureaucracies are simple state machines, with published transitions. You give them exactly the input they require to go to the desired end state and nothing else.
dotBen 16y ago
I'm not clear how the TN helps founders... you can't be employed on a TN for company you own (ie start up your US based LLC, then employ yourself on TN). How are BackType and others doing this?
- konsl 16y ago
  Many startups are C corporations which typically do not have a sole "owner" i.e. I'm an owner of BackType, I'm also an owner of Google if I buy their stock, etc. Essentially, it's up to the immigration offer to decide whether a certain level of equity disqualifies you from receiving TN status. Much more scrutiny is applied to the actual proposed employment, your responsibilities, whether these fit in the TN status categories, etc. The TN is obviously not intended for self employment, but that becomes subjective once you've grown beyond a company of size one.
  - dotBen 16y ago
    Hmmm (I've worked in US on a TN fo 4+ years). I've received different advice, mainly stemming from significant ownership (you presumably have significant ownership of BackType where as you wouldn't Google) and role as "founder" and that not being inline with non-immigration intent. You can to claim your work in US is temporary whereas the company presumably isn't. But you have it, and that is what counts. Congrats.
  - checoivan 16y ago
    I wonder what made you go for a TN rather than an H1B. I pushed and switched to H1B from a TN because of the dual intent ,and to file a PERM. Also,I've read that as long you don't own >51% of the company you can work for it under a visa,but I don't know how true this.

by zmitri 16y ago

patrickk 16y ago

It seems crazy that there would be visa restrictions on developers, when Silicon Valley seems to be short of them (good developers) at the moment (see Google's 10% pay rise and them squaring off with Facebook for employees etc.)

shadowfox 16y ago
> Silicon Valley seems to be short of them (good developers) There seems to be debate on this point : http://en.wikipedia.org/wiki/H-1B_visa#No_labor_shortages http://en.wikipedia.org/wiki/H-1B_visa#No_labor_shortages

ojbyrne 16y ago

I've been on a TN 3 times (don't ask) and it's always been as an Engineer, i.e. Software Engineer.

zmitri 16y ago
Do you have an engineering degree? Could someone who did CS qualify for that position without being an "Engineer"?
- ojbyrne 16y ago
  I have a CS degree, an MBA, and lots of experience.

patio11 16y ago

I generally have visa issues with a particular non-US nation, but the entire reason to have an HR department is to have someone who knows how the game is played when writing a letter/application responsive to legal requirements. The bullet points to hit: 1) Employer, a well-regarded National company in the business of blah with Social Proof, Social Proof, and Social Proof, has been recently stymied by lack of Insert Statutory Language Here. This is materially impacting their financial performance and damaging the economy and national security of Nation. It has been particularly difficult to find someone capable of Insert Statutory Language Here because of the business necessity for Extraordinary Talent In Short Supply In Nation. 2) After a period of searching, Employer has identified Candidate. Candidate is the perfect fit for Employers needs, and as such hiring him is critical to the economy and national security of Nation. Additionally, Candidate alone possesses Critical Talent Identified Above. 3) Candidate will be employed as a Insert Statutory Language Here to do Insert Statutory Language Here and Insert Statutory Language Here, and such other tasks as may be required. By the way, if you can't find a national security angle, you aren't thinking hard enough. Well-run bureaucracies are simple state machines, with published transitions. You give them exactly the input they require to go to the desired end state and nothing else.

dotBen 16y ago

I'm not clear how the TN helps founders... you can't be employed on a TN for company you own (ie start up your US based LLC, then employ yourself on TN). How are BackType and others doing this?

konsl 16y ago
Many startups are C corporations which typically do not have a sole "owner" i.e. I'm an owner of BackType, I'm also an owner of Google if I buy their stock, etc. Essentially, it's up to the immigration offer to decide whether a certain level of equity disqualifies you from receiving TN status. Much more scrutiny is applied to the actual proposed employment, your responsibilities, whether these fit in the TN status categories, etc. The TN is obviously not intended for self employment, but that becomes subjective once you've grown beyond a company of size one.
- dotBen 16y ago
  Hmmm (I've worked in US on a TN fo 4+ years). I've received different advice, mainly stemming from significant ownership (you presumably have significant ownership of BackType where as you wouldn't Google) and role as "founder" and that not being inline with non-immigration intent. You can to claim your work in US is temporary whereas the company presumably isn't. But you have it, and that is what counts. Congrats.
- checoivan 16y ago
  I wonder what made you go for a TN rather than an H1B. I pushed and switched to H1B from a TN because of the dual intent ,and to file a PERM. Also,I've read that as long you don't own >51% of the company you can work for it under a visa,but I don't know how true this.