TN Visa Approved for Graphic Designer

• Client: Ms. Lue
• Nationality: Canadian
• Applying For: TN Visa
• Time: 1 week
• Challenges:
  1. Prospective company attorney’s gave wrong advice
  2. Major was journalism, not graphic design
  3. Different job title than desired
  4. US fear that she would desire to immigrate

BACKGROUND

Ms. Lue received a position as a Junior Web Designer in the U.S. and wanted a TN Visa under the Graphic Designer label. However, the intended company and its attorneys refused to file for her, as they did not believe she qualified since she majored in journalism instead of graphic design, and her job title did not fall under the NAFTA-Specific Occupation list. However, after our consultation, we believed that Ms. Lue did indeed qualify for a TN Visa and assisted her in obtaining her visa in 1 week.

KEYS TO SUCCESS

The client first came to our firm after obtaining a job offer in the U.S., appearing very distressed. When her company discovered that she did not have a work permit, they wanted her to apply under H-1B. She had just graduated and learned that she could only apply for a visa under H-1B by lottery draw, or under TN status. Ms. Lue believed that she qualified for the TN Visa, but her company’s attorneys, along with an outside immigration counsel, did not share the same sentiment due to her major in journalism rather than their preferred graphic design major. Upon reviewing her case, we believed that this counsel was mistaken, and she did qualify for TN status.

We immediately contacted her company which was one of the most promising companies listed on Forbes with $15 million in yearly revenue. As she was a very skilled graphic designer, they agreed to extend their job offer to Ms. Lue if the TN visa would be received within a month.

A critical part of the TN visa application requires proof that the applicant has no intent to immigrate. Ms. Lue had been out of Canada for 10 years prior to her case, completing internships. However, by listing financial and familial ties to Canada, we were able to show that she had no intent to permanently immigrate to the United States and would leave the United States once her job was complete.

OUTCOME

During her visa interview in Vancouver, our attorney was on standby at 5AM in the morning to assist her if needed or if the officer had any questions. Ms. Lue had a smooth interview in Vancouver, and was approved for a TN Visa. Ms Lue was then successfully hired by the prospective company, becoming a graphic designer for one of the top information platforms on the web.

*Name has been changed to protect client identity