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Ask HN: Working in the USA as a young Canadian, no degree

10 points by EC1 ↗ HN
I'm working with someone in the US, remotely, on a side project. We believe this will turn into something legit, at which point we'll have to work in the USA.

How would I go about working in the US as a Canadian with no degree?

15 comments

[ 4.7 ms ] story [ 46.4 ms ] thread
whitef0x
Best bet would be looking to the TN Visa (which engineers/developers are eligible for) which is probably the most painless solution. I don't think a degree is nessecary although it would be best to check on the us immigration site.

If you can't get a TN Visa, your best bet would be a HB-1 or a greencard. - both if which are hard to get and require a US sponsor. For HB1 I've heard the for companies under 5 yesrd in age it can be difficult(and expensive with lawyer fees) to sponsor a candidate. However if you plan on living in the US beyond your visa both the TN and HB-1 won't help - you cannot seek P.R. wih these visas, so st this point a greencard is your best bet.

The fastest way to get a green card is to "be a notable person" which means you have to have at least two articles written about you and/or have publications in field that you are studying. At this point I would really talk to an experienced immigration lawyer (preferably wih experience with startups) to advise you on the best plan of action.

Finbarr
H1-B is not likely given the requirements (heavy emphasis on education)[1]. The age of the company isn't so much of an issue as long as they have money in the bank to pay the prevailing wage to the candidate. It is possible to become a permanent resident while holding an H1-B (it's a "dual intent" visa). Source: myself and others I know who have done it.

[1] http://www.uscis.gov/eir/visa-guide/h-1b-specialty-occupatio...

EC1
TN Qualifications [1]

- the profession is recognized under NAFTA; and

- the alien possesses the specific criteria for that profession [2]; and

- the prospective position requires someone in that professional capacity; and

- the alien is going to work for a U.S. employer.

[1] http://canada.usembassy.gov/visas/doing-business-in-america/...

[2] http://canada.usembassy.gov/visas/doing-business-in-america/...

Perfect. I have to see if I can cash in the 3 years I did of software engineering for some diploma or certificate at a local college, which I'm sure I can.

The U.S. employer. If my friend incorporates, then brings me on board, is that viable?

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shortsleeves
I suggest you first consult with a US immigration attorney for these sorts of questions. The internet is full of bad advice. Work visas generally have an emphasis on being a skilled professional (i.e: education and/or many years of experience). FYI - TN status is granted when you cross the border, entirely at the border official's discretion.
cwzwarich
As of October 2012 you can now apply for TN status in advance by mail.
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matt__rose
You need a degree for any technical occupation under TN. The only category for which a degree is not necessary is "Management consultant". Honestly it is best for someone in your situation to work remotely from Canada for a year after the company gets set up, then go to the states under an L-1 Visa[1]. Do not attempt to go under a TN-1 visa as they are very strict, and if they do not let you in, you could be barred from entering the US at all.
whitef0x
I think if you show that you have considerable experience in the field and your past jobs held had the position as developer then it should make it easier, although don't quote me on this.
dmix
I was in a similar situation, Canadian and had a fulltime job by legit US company, but no unversity degree. Lived in SF for 4 months. We hired a good immingration lawyer who specialized in tech workers.

After months of work we weren't able to get a Visa. H1B and others are pretty dependent on having a degree or involved gambling that you could make it through the border and get a TN visa.

Otherwise you need 12 years work experience. 1 year of school is equivalent to 3 years experience (in their eyes), and you need 4 years of school to get entry via advanced degree.

It didnt matter that I had all of the required skill and a strong job offer.

ishake
I would suggest you research further but they are usually strict in your degree matching your occupation. I'm almost certain a degree is a requirement in each scenario.
ryanobjc
As others noted, the system is heavily based on degree status, but there is one visa class that isn't:

http://en.m.wikipedia.org/wiki/L-1_visa

But it's tricky and may not apply.

Consider getting a degree, they're cheap in canada.

madamepsychosis
If you manage to get $100k in funding (from a VC, sales, crowdfunding, whatever), and you own 50%+ of the company, you can get an E2 visa to temporarily operate in the US. Wait times for the required interview are about 5 months & the amount of paperwork means you'll need a lawyer. IIRC its valid for 2 years but you can extend it. The emphasis is on bringing jobs to the US.
stopachka
I got an offer from Uber...and it looks like I won't be able to take it for the same reasons :(