TN-1 Visas - Don't forget about this option for Canadian & Mexican citizens.

The TN-1 visa is a really great option particularly for Canadians. It also applies for Mexican citizens, however, the processing of TN-1's for Mexicans is somewhat more difficult. The visa category "Professionals Under the North American Free Trade Agreement" (also known as a TN Visa) is available only to citizens of Canada and Mexico, under the terms of the North American Free Trade Agreement (NAFTA). For the purpose of this blog, I will discuss the TN-1 for Canadians. What you need to know: 1) You MUST have a job offer 2) Your job title must fit within these categories (http://canada.usembassy.gov/visas/doing-business-in-america/professions-covered-by-nafta.html) 3) In most cases you need to have a degree or diploma applicable to the job title and job being offered. 4) You must in fact work for the US employer.

When applying for the TN-1, it is really important that you present all of your documents in order and in a straight forward way. I typically create a book with all of the applicable documents (support letters, copy of degrees/diploma's/job offer letter/proof of experience etc) to make for a smooth border crossing.

This is the type of application that you do want to get overly creative with how you present the information requested.

The TN-1 is a great option for Canadians. Its renewable, and in a lot of cases is a great pathway to a Greencard if you decide that is a route you would like to take.

Visa Waiver Program

The Visa Waiver Program (VWP) enables nationals of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. VWP eligible travelers may apply for a visa, if they prefer to do so. Not all countries participate in the VWP, and not all travelers from VWP countries are eligible to use the program. Effective Jan. 12, 2009, citizens or nationals from all VWP countries will be required to obtain an approved travel authorization via ESTA to be eligible to travel to the United States under the VWP.

WT/WB Status Upon entry into the U.S., visitors are given either a WT (waiver-tourist) or a WB (waiver- business) status that will be indicated on the I-94 Arrival Departure Record. There are two restrictions on visa waiver status that potential users should be aware of:

The 90-day stay in the U.S. cannot, in any circumstances, be extended. It is never possible to change from the visa waiver status to any other non-immigrant status without departing from the U.S. However, in some circumstances, an individual may adjust status to that of a permanent resident via Family Based immigrant petitions.

Which countries participate in the Visa Waiver Program (VWP)? Participating countries are subject to change, so it's best to check with the U.S. Department of State for the most current information http://travel.state.gov/content/visas/en/visit/visa-waiver-program.html.

When can you become a Citizen?

Every year before a Presidential Election, I get calls from clients asking when & how they can become citizens.  Assuming that you do not have a parent who is a US Citizen, the following applies with regards to "when" you can file. 1) If you gained permanent residency (your Greencard) through marriage to a US Citizen (filed an I-130), you can file for your Citizenship by filing an N-400. Technically you can file after you have been a permanent resident for 2 years and 9 months since you receive Permanent Resident status (Remember, in almost all marriage based petitions, you are required to remove the conditions, and this must be approved prior receiving Citizenship).

2) If you gained Permanent Residency any other way, you can file after being a permanent resident for five (5) years.

A side note: If you've had any criminal issues, or have previously claimed to be a US Citizen, it is very important that you discuss this with a competent Immigration Lawyer BEFORE filing.

EB-5 Investor Visa

I have seen an increase in requests regarding EB-5's and there is some real confusion out there. Lets start with the most frequently asked questions. 1) Can I buy 500,000 of stock in a company and qualify... No 2) My uncle is going to loan me the money to invest, will that work?.. No 3) I want to buy rental houses.. No

One thing to keep in mind is that the USCIS want to see that the investment is not "static". This means that it is an active invest with no less than 10 staff and growing. A good example of this is a hotel, assisted living center or a restaurant.

The EB-5's are much more difficult than they look and take plenty of planning, and involve risking a lot of money on an investment. But a great option for those with substantial funds that want to set up a business in the USA!!

The O-1 Visa

The O-1 Visa is a great option for people who work in the Arts (Music, Acting, Painting, Motivational Speakers etc) or University Professors/researchers. In essence, when filing an O-1, we need to prove that you are at the top of your field. But its not always as hard as you may think. If you read through the categories of the O-1 Petition, in a lot of cases, if you are a somewhat accomplished musician, model etc, you should be able to prove some of those categories with just a little work. For example, look at the first category of the O-1B category (• Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements). This may look a little daunting, but its not too hard if you have played shows, or acted in a stage show. For example, for Christian Australian bands, most have played at either EasterFest or one of the other festivals. A letter from the festival and a copy of some festival literature helps you get a long way to filling this category.

The O-1 is a complicated process, but it certainly is possible for a lot of people with just a little work preparing documents. I hope this helps.