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I’m a Canadian software engineer but my degree is in law (I’m a self-taught developer). Do people in my situation manage to get H1B or TN visas despite not havi

I’m a Canadian software engineer but my degree is in law (I’m a self-taught developer). Do people in my situation manage to get H1B or TN visas despite not having a technical degree? Thanks a lot!

hnfong 5y ago
[Used to be in a similar situation as yours (have a LLB, became a software engineer), but not a lawyer in any capacity] My understanding is that H1B rules allow 3 years of experience to count as one year of a relevant degree. So if you don't have any higher education in computing subjects, theoretically 12 years of relevant experience would meet the requirements. That said even if you legally meet the requirements, non-typical cases often get mishandled due to administrative error. In my case, I applied for a L1 visa (which unlike H1B does not have degree requirements) but the officer somehow decided to apply H1B requirements anyway and rejected the application (he probably got confused). There was no feasible appeal process, so our lawyers advised me to go on a trip to another jurisdiction and re-apply. It worked out in the end, but the officer basically told me that we weren't supposed to shop around different consulates like that, but he did say he'd look up the law before deciding, presumably he wasn't able to find any legal basis for rejecting the application. (The process was pretty exciting!)
carfacts 5y ago
Was in similar situation, though Australian. I got a letter from an education/certification expertly that said my past experience as dev and education (also had a BA) was equivalent to a BS. Recommend you get an attorney/Peter to help you
- proberts 5y ago
  A bachelor's degree in a related field based on an evaluation of education and experience can work in the H-1B context but is not acceptable in the TN context where a bachelor's degree is required.
  - gassiss 5y ago
    Can a master in the field replace the bachelor? Eg. I have a bachelor in business, going through a master in CS, am I eligible for TN visa as Software Engineer or Computer Systems Analyst?

hnfong 5y ago

[Used to be in a similar situation as yours (have a LLB, became a software engineer), but not a lawyer in any capacity] My understanding is that H1B rules allow 3 years of experience to count as one year of a relevant degree. So if you don't have any higher education in computing subjects, theoretically 12 years of relevant experience would meet the requirements. That said even if you legally meet the requirements, non-typical cases often get mishandled due to administrative error. In my case, I applied for a L1 visa (which unlike H1B does not have degree requirements) but the officer somehow decided to apply H1B requirements anyway and rejected the application (he probably got confused). There was no feasible appeal process, so our lawyers advised me to go on a trip to another jurisdiction and re-apply. It worked out in the end, but the officer basically told me that we weren't supposed to shop around different consulates like that, but he did say he'd look up the law before deciding, presumably he wasn't able to find any legal basis for rejecting the application. (The process was pretty exciting!)

carfacts 5y ago

Was in similar situation, though Australian. I got a letter from an education/certification expertly that said my past experience as dev and education (also had a BA) was equivalent to a BS. Recommend you get an attorney/Peter to help you

proberts 5y ago
A bachelor's degree in a related field based on an evaluation of education and experience can work in the H-1B context but is not acceptable in the TN context where a bachelor's degree is required.
- gassiss 5y ago
  Can a master in the field replace the bachelor? Eg. I have a bachelor in business, going through a master in CS, am I eligible for TN visa as Software Engineer or Computer Systems Analyst?