Selected Excerpts from Immigration Law Weekly http://americanlaw.com
Note: Please refer to http://americanlaw.com/question.html for information regarding how to submit a question to Immigration Law Weekly.
*QUESTION 1*: I am a Canadian chartered accountant planning to get work in the U.S. on a TN-1 Visa. However, I first wish to travel to my desired work location to try and find work. Is this permissible under a B-1 Visa?
The law is not absolutely clear on this issue but I believe the answer is most likely “yes”.
In general, even looking for work is considered entering the local employment market and therefore not within the scope of a visitor visa. However, there is a specific “B-1 in lieu of H-1” exception in s. 214.2(b) of the INS Operations Instructions which permits persons who would normally qualify for H-1 (CA’s would be considered H-1B level workers) to enter as B-1 visitors provided that they receive no salary or other remuneration from a United States source. The specific exception does not exactly contemplate a professional entering for the purpose of finding a job. However, Canadian ports of entry appear to be admitting business visitors on this basis.
If you seek entry under B-1 for the purpose of seeking employment, expect detailed questioning from the inspecting INS officer. Be prepared to show that you have the necessary professional qualifications to be considered an “H-1 level worker”. It is best if you have definite plans (such as previously scheduled job interviews) rather than a vague intention to look for work.
*QUESTION 2*: As a Canadian on a TN visa, how do I change employers? Do I have to reapply? Do I have to leave the country to do so? OR Can I go to an immigration office with my new offer, passport etc.?
Your TN status is based on your employment relationship. If you change your employment you will have to reapply for TN status again based on the new employer. There are two ways to re-apply for TN status:
a. apply for a change of status within the United States; or
b. leave the United States and re-apply for TN status at the Canada-U.S. border.
Applying at the border is faster since if everything is fine you will be approved just before your flight. However, if you do not wish to travel out of the United States you can apply for a change of status through the INS Northern Service Center. This regional service center has exclusive jurisdiction over TN extensions. Do not go to the local INS office as they will be unable to help you.
*QUESTION 3*: What are the general requirements for naturalization in the United States?
The general rules are as follows:
a. An applicant for naturalization must be lawfully admitted for permanent residence. This means that you have been lawfully given the privilege of residing in the United States as an immigrant in accordance with the immigration laws, such status not having changed. You must have been lawfully entitled to such status and your status must not have changed. There is an exception for certain individuals who served honorably in the U.S. Armed Forces in times of war or other declare hositilities and who enlisted or were inducted while in the United States, the Canal Zone, American Samoa or Swains Island.
b. The applicant must be 18 years of age at the time of filing the application for naturalization. There are two exceptions to this age requirement: (a) persons who served honorably during designated periods, and (b) minors with at least one citizen parent.
c. The applicant must have satisfied certain residence requirements. “Residence” for this purpose means the person’s principal, actual dwelling place in fact, without regard to intent. Residence must be subsequent to lawful admission as a permanent resident for a period of five years, except where the applicant is the spouse of a U.S. citizen in which case it is three years. Residency must be maintained from the time of filing of the application until time that citizenship is granted.
d. In addition to residence, the applicant must have actually been physically present in the United States continuously for at least half of the required period of residence preceding the filing of the application. Absences from the United States for six months or less do not break the continuity of residence. An absence of more than six months but less than one year raises a rebuttable presumption of abandonment of residence for naturalization purposes. An absence of one year of more breaks the continuous residence.
e. The applicant must be a person of good moral character. Good moral character has been interpreted as character which measures up to the standards of average citizens of the community in which the applicant resides and thus does not necessarily require the highest degree of moral excellence.
f. The applicant must have an attachment to the principles of the Constitution and favorable disposition to the good order and happiness of the United States. “Well disposed” means not hostile. “Attachment” implies the depth of conviction that would lead to active support of the Constitution. A person with the required loyalty and attachment must take the oath of allegience to the United States, without any mental reservation.
g. The Applicant must possess literacy and a knowledge of history and government requirements. The applicant will be examined for his or her ability to read, write and speak English in ordinary usage unless exempt from this requirement. Also, all applicants are required to pass an oral history and government, even if they are exempt from the literacy requirement.
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