TN for Canadian IT Manager?

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mikem
Posts: 48
Joined: Sun May 20, 2007 12:42 pm

TN for Canadian IT Manager?

Post by mikem »

I just interviewed for a co. and they thought they could get me a "nafta visa" for an IT Management position. I told them I didn't think that was the case, but they were insistent.

Is it possible to work as an IT Manager (managing people) on TN?
JGCA
Posts: 754
Joined: Thu Nov 18, 2010 3:05 pm
Location: Montreal, QC Canada

Post by JGCA »

TN visa is sponsored by the US employer, they are the ones who offer the employment to QUALIFIED induviduals. The actual job description is part of the qualifying proceedure as long as you meet eligibility it doe not matter what work you perform the question is are you qualified to enter on a TN there are numerous eligibility requirements such as Bachelor degree amungst other pertinent criteria. If you qualify you can supervise the IT dept. You obtain your TN at the border crossing.
JG
mikem
Posts: 48
Joined: Sun May 20, 2007 12:42 pm

Post by mikem »

So this list is no longer relevant?

http://www.grasmick.com/tnlist.htm
JGCA
Posts: 754
Joined: Thu Nov 18, 2010 3:05 pm
Location: Montreal, QC Canada

Post by JGCA »

iT IS VERY RELEVANT, as I said one criterea of eligibility is a Baxhelor degree, as you elude to in your reference it clearly marks a Bachelor degree is required. However you do not necessarily need to have a Bachelor degree if you can demonstrate specific skills, I have clients who do not have a B.A. who do IT consulting in the US on a TN, you must meet teh eligibility IT iS ALL RELEVANT! , but there are exceptions to a BA too.
JG
mikem
Posts: 48
Joined: Sun May 20, 2007 12:42 pm

Post by mikem »

So which category would an IT Manager fit under? I've worked in the US under TN as a technical worker, but never as a manager. Everything I've ever read stated that managers do NOT qualify for TN and must get an H1B. The closest thing to a manager listed on that page is a "Management Consultant" and that's really not the same as an actual manager.
JGCA
Posts: 754
Joined: Thu Nov 18, 2010 3:05 pm
Location: Montreal, QC Canada

Post by JGCA »

I imagine the reason you are managing the IT dept is because of your expertise in the IT technical area, wether you manage the dept or do the technical side you are performing the same duties as a technical advisor on hand managing the dept, it has nothing to do with your activities it is your position and technical knowhow that either qualifies you or not. Your employer has to make the determination and you have to meet the qualifications as a technical manager. If however you are only there in an administrative position not requiring technical expertise then you must ascertain you eligibility beforehand to see if you indeed qualify under TN.
JG
nelsona
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Location: Nowhere, man

Post by nelsona »

In general, management of people is not allowed on TN.

Your tasks must meet CSA definition, not that of a manager.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
mikem
Posts: 48
Joined: Sun May 20, 2007 12:42 pm

Post by mikem »

[quote="nelsona"]In general, management of people is not allowed on TN.

Your tasks must meet CSA definition, not that of a manager.[/quote]

That's what I thought. Thanks nelsona
JGCA
Posts: 754
Joined: Thu Nov 18, 2010 3:05 pm
Location: Montreal, QC Canada

Post by JGCA »

SInce what you think is not the same as what your empoyer has in mind then the question becomes who will pay for the visa since the TN which is more simple is not what you want to do, my concern was teh extra cost and work the TN is simpler to get but its your money.
JG
nelsona
Posts: 18311
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

Actually, the more complex visa, H1 in this case, would be the employer's money. H1 cannot, by law, be paid by the worker.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
JGCA
Posts: 754
Joined: Thu Nov 18, 2010 3:05 pm
Location: Montreal, QC Canada

Post by JGCA »

I know but as you read at the begining the employer is insisting on a TN, obviouisly he does not want to pay for this, how will that influence the employer in selecting this guy who does not want to play ball vs another candidate who does, I was merely giving the poster a dose of reality something that at the end of the day carries a lot of weight in the final determination.
JG
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