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I'm a Canadian software developer who'd like to join an American startup so naturally I've been applying to a bunch of jobs. More specifically, I'm looking to g
by joshdavham 1y ago
I'm a Canadian software developer who'd like to join an American startup so naturally I've been applying to a bunch of jobs. More specifically, I'm looking to go with TN visa.
In most job applications, I need to answer the two following questions 1) Are you legally authorized to work in the US? and 2) Will you now or in the future require sponsorship? I'm looking for advice on how I should be answering these questions.
For example, I believe I should technically be answering NO to 1) and YES to 2), but I'm slightly unsure about this.
I've heard recently that some Canadians actually recommend answering YES to 1) as getting a TN visa is very simple and not too much harder than just hiring an American. The idea is that when you answer NO to 1) that recruiters (and especially startups who are often more naive about visas) will lump you in as being hard to hire like immigrants who come to the US on the H1B and then filter out your application.
As for question 2), because the TN is a "Nonimmigrant" visa, does this technically mean I can answer NO here?
Basically in summary, how would you recommend I answer these questions? I don't want my applications to get auto filtered, but I'd also like to be as honest as possible.
- proberts 1y agoLegally, the correct answers are No and Yes.
- Plasmoid 1y agoThat's really interesting. Can you expand on why those are the correct answers?
- proberts 1y ago"Sponsorship" is not a legal term but like an H-1B, it requires a job offer so it is not just an individual filing. Broadly, there are two ways to get a TN, one by applying with U.S. Customs and Border Protection with a letter from an employer and the other is for that employer to file a TN petition with USCIS. When the latter approach is taken, the employer must complete, sign, and submit forms as the petitioning (read, "sponsoring") employer and these forms are many of the same forms that an H-1B petitioning employer must submit. So, "sponsorship" by an employer is required for those seeking to work in TN status.
- jsbg 1y agoCan you expand on that? TN does not require sponsorship even though most companies do agree to pay an immigration firm to help the applicant.
- 1659447091 1y agoI think It's not sponsorship in terms of what you hear about for h1b. But if you need a "Job Offer" before getting a TN (as someone upthread mentioned) that itself is a form of sponsorship, since you still need something from that company before you can work.
- joshdavham 1y agoThanks Peter for your answer. I’ll be sure to apply this advice going forward. With that being said, from seeing the replies to my original question, would you mind expanding on your answer a little more? I’m sure many of the other commenters in this thread would appreciate some more clarity here.
- nashashmi 1y agoHe won’t answer the question from a strategic perspective. He will answer only from a legal standpoint. That’s the only perspective he is an expert in.
- erehweb 1y agoPeter already replied to this elsewhere in the thread. To a question "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?" Peter replies: "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."
- joshdavham 1y agoThanks! That definitely answers question 1) a little better.
- xp84 1y agoHi, I just spent 2 months interviewing and hiring candidates for 4 open (remote) eng positions at a US startup. Answering "Yes" to 1 when you don't have a green card or US citizenship would be a way to guarantee that I would rescind your offer and make a mental note to never trust you. I don't think you should do that. We actually hired some Canadian talent -- we just used an EOR in Canada. The EOR cost us about $600 a month per head as their cut, but it was worth it to get the excellent developers we have through that deal. The reason why some/many firms would filter out anyone saying NO to (1) is that getting a visa sponsored requires significant work of a specialized nature and our company certainly is not equipped to do that because we don't have people who have the time and skills to deal with the insane demands of our government to obtain the necessary document (This is not a new or partisan issue btw, I remember losing a great developer in the Obama years due to the feds giving her the run-around).
- Plasmoid 1y ago> Answering "Yes" to 1 when you don't have a green card or US citizenship would be a way to guarantee that I would rescind your offer This might actually violate EEOC. You would discriminating on the basis on nationality. The question that was asked was "Are you legally authorized to work in the US?" and Canadian have a limited legal right to work in the US under NAFTA.
- YZF 1y agoThey're not allowed to work unless they have TN status. I agree with the OP that replying YES is dishonest.
- oldpersonintx 1y ago[dead]
- _bin_ 1y agoThe question is usually understood to mean "on an ongoing basis" and it's essentially lying. The system may not be correct or kind, but I'd have a lot of trouble trusting someone whose response to "the system isn't fair" is "I'll lie to get around it and achieve the outcome I believe is right" enough to hire him.
- m00x 1y agoTN visa is not guaranteed anymore. I had to refile twice before getting approved, and I switched to an L1B to do so.