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Maybe a dumb question, but... I'm a Canadian who would qualify for a TN visa if I worked in the States, but don't currently have a visa or green card. On the on

by galonk 1y ago

Maybe a dumb question, but... I'm a Canadian who would qualify for a TN visa if I worked in the States, but don't currently have a visa or green card. On the online submission form for job openings, it always asks "Are you legally entitled to work in the US?". Am I meant to answer yes or no to that?

jsbg 1y ago
Not a lawyer but have been working in the US on a TN status for multiple employers and I would answer yes and discuss further with the recruiter or hiring manager. TN status is conceivably something you could get without help from the employer (though even the smallest startup hired one to help me set up a package). What you need is basically proof that a company wants to hire you (offer letter), evidence that the company exists, and proof that you fall in one of the TN occupations.
- oldpersonintx 1y ago
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nrmitchi 1y ago
Also not a lawyer, but wanted to second what jsbg said. I've been through this process many times, and I would always say yes and then mention with the recruiter (even if I had to explain that the process was basically "asking politely for permission at the border"). The underlying question that employers really care about is "will you be legally allowed to accept a job offer without unexpected expenses or delays". Even if you file through USCIS (and not petition at the point of entry), you can (should) have an answer in 14 days and ~2k in fees, which is 1) a drop in the bucket for any hiring budget, and 2) not impactful to a hiring timeline.
- SoftTalker 1y ago
  Employers are subject to substantial penalties if they hire someone who is not legally permitted to work. I think they are woried about more than unexpected delays, though I admit I'm way out of my sphere of knowledge on this subject.
  - nrmitchi 1y ago
    To be clear, I meant "unexpected delays (to work legally)". As in, waiting a year to submit, and hope for, an H1B to be issued, vs waiting 2 weeks for a TN to be approved. No portion of my initial comment should have been interpreted to mean that employers do not do their own due diligence after actually hiring someone.
proberts 1y ago
Unfortunately, the correct answer is No because until you have the TN, you are not legally entitled to work in the U.S. Of course, this means that you will be excluded automatically for consideration of certain jobs.

by galonk 1y ago

jsbg 1y ago

Not a lawyer but have been working in the US on a TN status for multiple employers and I would answer yes and discuss further with the recruiter or hiring manager. TN status is conceivably something you could get without help from the employer (though even the smallest startup hired one to help me set up a package). What you need is basically proof that a company wants to hire you (offer letter), evidence that the company exists, and proof that you fall in one of the TN occupations.

oldpersonintx 1y ago
[dead]

nrmitchi 1y ago

Also not a lawyer, but wanted to second what jsbg said. I've been through this process many times, and I would always say yes and then mention with the recruiter (even if I had to explain that the process was basically "asking politely for permission at the border"). The underlying question that employers really care about is "will you be legally allowed to accept a job offer without unexpected expenses or delays". Even if you file through USCIS (and not petition at the point of entry), you can (should) have an answer in 14 days and ~2k in fees, which is 1) a drop in the bucket for any hiring budget, and 2) not impactful to a hiring timeline.

SoftTalker 1y ago
Employers are subject to substantial penalties if they hire someone who is not legally permitted to work. I think they are woried about more than unexpected delays, though I admit I'm way out of my sphere of knowledge on this subject.
- nrmitchi 1y ago
  To be clear, I meant "unexpected delays (to work legally)". As in, waiting a year to submit, and hope for, an H1B to be issued, vs waiting 2 weeks for a TN to be approved. No portion of my initial comment should have been interpreted to mean that employers do not do their own due diligence after actually hiring someone.

proberts 1y ago

Unfortunately, the correct answer is No because until you have the TN, you are not legally entitled to work in the U.S. Of course, this means that you will be excluded automatically for consideration of certain jobs.