Debunking the Myth of the Job-Stealing Immigrant – NY Times

So it seems like Canadians are not stealing jobs from the Americans after all!  Truth be told, professionals working under TN does not even make a dent in the overall US workforce.

Debunking the Myth of the Job-Stealing Immigrant – Adam Davidson, NY Times

“Immigrants don’t just increase the supply of labor, though; they simultaneously increase demand for it, using the wages they earn to rent apartments, eat food, get haircuts, buy cellphones. That means there are more jobs building apartments, selling food, giving haircuts and dispatching the trucks that move those phones. Immigrants increase the size of the overall population, which means they increase the size of the economy. Logically, if immigrants were “stealing” jobs, so would every young person leaving school and entering the job market; countries should become poorer as they get larger. In reality, of course, the opposite happens.”

“To me, immigration is the greatest example of our faulty thinking, a shortsightedness that hurts others while simultaneously hurting ourselves. The State Department issues fewer than half a million immigrant visas each year. Using the 7 percent figure from the Mariel boatlift research, it’s possible that we could absorb as many as 11 million immigrants annually. But if that’s politically untenable, what about doubling the visas we issue each year? It would still be fewer than a million, or less than 0.7 percent of the work force. If that didn’t go too badly, we could double it again the next year. The data are clear. We would be better off. In fact, the world would be better off.”

TN’s Management Consultant Profession

The Management Consultant is one of the most scrutinized professions in the TN roster for several reasons. Why? Because it is a category that is probably the highest used category by applicants across all industries. And why is that?  Here are 3 reasons:

1. Does not require a post-secondary degree or professional designation. In lieu it requires at least of industry professional experience. This opens it up for many candidates who may not have the formal education credentials.

2. It does not specify the industry so it covers pretty much all industries – geology, technology, finance, you name it! Another words, if your category does not fit into any of the other ones, guess which one is the default option?

3. Most professionals today provide some sort of consulting service whether it is internal or external or both. No matter how you look at it or think about it, you can pretty much argue that any professional is a “consultant”. The vagueness of the term “consulting” in this category opens it up for interpretation. Combine this with the non-specific industry factor (see above #2), you get the ultimate “catch all” category.

So what is the takeaway? If you are applying under this category, make sure you have your paperwork and story together.  Good luck.

H-1B Visas: Obama’s Visit Brings Hope for India’s Skilled Workers

“…Immigration laws have been at the center of a heated debate in the U.S. and an issue that Mr. Obama has deemed important. But it is the status of illegal immigrants which has dominated discussion in America, delaying any changes in the number of H-1B and other skilled worker visas the U.S. issues each year.”

H-1B Visas: Obama’s Visit Brings Hope for India’s Skilled Workers

Let the states decide | Congress shows no sign of fixing America’s broken immigration system. It is time to give the states a go

This week’s Economist issue published a few good articles on immigration.  Here’s a nice one…

Let the states decide | Congress shows no sign of fixing America’s broken immigration system. It is time to give the states a go

“Fixing America’s broken immigration system is as urgent as ever. America is generous in issuing visas for relatives of those already there, but economic migrants face huge barriers. Firms that want to bring in skilled workers find it costly, time-consuming and often impossible, thanks to cumbersome rules and a rigid cap on the number of visas. Foreign students are kicked out shortly after they graduate. Entrepreneurs are told to take their big ideas elsewhere. And roughly 11m people live in America illegally. Most will never be deported, not least because Barack Obama’s amnesty has explicitly shielded 5m or so from removal. But they have little hope of legal recognition.”

Op-Ed: The Mexican immigration problem no one is talking about

Interesting article about Mexico and Mexican work force in the US…

Op-Ed: The Mexican immigration problem no one is talking about

“…Legal Mexican immigration to the United States far outpaces illegal immigration. And the legal immigrants are not gardeners or maids or migrant farm workers. They’re Mexico’s best and brightest students with the intellectual talent and financial means to attend our best universities, often obtaining graduate degrees in law, finance, engineering, among many other disciplines. They end up staying, quite legally, under the TN visa program, which basically amounts to: Got degree? Got employer willing to hire you? Got work visa! (Sorry for you Chinese hopefuls, this program is just for NAFTA countries.)…”

Can I apply for a TN Visa after using a H-1B?

As many H-1B visa holders know, there is a limitation on the duration of this visa.  Once the maximum duration is reached, Canadians who are qualified, can apply for the TN visa.  Standard requirements apply and both visas cannot be held concurrently.

Job Title and the TN Visa Profession Name Have to be the Same?

In many situations and under most jobs, the actual job title does NOT contain or spell out the profession names covered under the TN Visa job categories.  An individual may be hired as Manager, Financial Analyst, Associate, Finance VP, etc. and apply under the “Accountant” profession or Programmer, Developer, QA Manager under “Computer Systems Analyst”.

The job description, work experience, and the academic credentials of the candidate must be aligned with the requirements as stated by each profession.  A common issue is when a candidate does not have the academic credential but have extensive hands on experience in the field. Technically, this does not meet the TN requirement and is grounds for rejection (but this does not stop people from trying!).

Because of the more generic nature of “Management Consultant” profession, it a common catch-all category for a lot of candidates that do not qualify under the other professions.  However, the drawback is that this category gets scrutinized during the application process and will likely lead to an interview.

 

 

 

No cap on TN Visa

The beauty of TN Visa is that it has no cap unlike the popular H-1B.  Nevertheless, this is a good article that points out the shortage of talent due to limited options in hiring foreign nationals.

Current immigration laws hamstring U.S. economy, tech industry says (LA Times)

A Canadian Doctor Learns the Hard Way Not to Exceed the Scope of His U.S. Work Authorization

Be careful as this may not be limited to medical doctors. This can happen in all other categories!

A Canadian Doctor Learns the Hard Way Not to Exceed the Scope of His U.S. Work Authorization

By Shaun Staller on October 23, 2014
Ophthalmologist Ashish Sanon was born in India and trained in Canada, of which he is a naturalized citizen. For the past sixteen years, Dr. Sanon has resided in the United States and operated an ophthalmological practice out of Florida. As it turns out, his practice here has been quite successful, billing $5 million over the past five years—enough to maintain homes both on Clearwater Beach and at the Black Diamond Ranch golf course.

It sounds like the American dream: a foreign national moves to the States, and with hard work and perseverance, matures his small business into a profitable venture, achieving upward socioeconomic mobility in the process. Only here, there’s a snag—and it’s a doozy.

Sanon has remained in the United States by recurrently renewing temporary visas available to certain professionals under the North American Free Trade Agreement (NAFTA)—a lawful practice. Also known as a TN visa, it permits eligible Canadian and Mexican nationals to come to the U.S. and work in prescribed fields. Sanon, who is licensed by the Florida Board of Medicine, was authorized to work in the field of ophthalmology, provided he limited his activities to those that were pedagogical or research-related. He, thus, exceeded the scope of his work authorization granted by USCIS by operating a ophthalmological practice, servicing upwards of 40 patients a day. This is an example of how violating the terms of your employment authorization can land you before an Immigration Judge.

Now, Dr. Sanon is facing criminal charges of visa fraud in the U.S. District Court for the Middle District of Florida, which may be punishable by up to 10 years in prison. Moreover, Sanon could be required to forfeit some of the proceeds that flowed from the operation of the technically unlawful medical practice. Those familiar with immigration law will recognize that this may well be but the first step of what could turn into a challenging legal battle to simply maintain status quo: Sanon will be at the mercy of ICE’s discretion in deciding whether or not to place him in deportation proceedings. For someone whose wife, children, parents, and source of livelihood are all located in Florida, the byproduct of Sanon exceeding the scope of his work authorization could be devastating.