I do not have a Bachelor's Degree but do have a Certificate in Management Studies from a college of arts and technology.  I have worked in the computer industry for several years, recently as a graphic designer and currently as a software tester.  Do I have a chance to qualify for an H-1B or TN visa without a Bachelor's Degree and without the requisite 3 years of experience for every 1 year of a 4 year degree?  I have been in the workforce full time for 20 years but I do not have 12 years experience in any one field.  I had gotten legal advice from an immigration lawyer in Alberta in regards to this and he indicated that there is a test available in the United States to judge equivalencies.  Since the other two lawyers I consulted had not heard of this test, I did not spend the money on it.  Is it true?  Does it stand up with the INS?

I do not have access to your professional résumé and I don't know what job you would be assuming in the U.S., so my answer will be somewhat limited. If it is not sufficient, I recommend that you schedule a consultation with me. I will be in a better position to judge your eligibility during a consultation.

As stated in my H-1B article, you require a bachelor degree in a specialized field related to the proposed position before you can qualify for such status. However, credential evaluations can be used to show that you have the equivalent to a bachelor degree through a combination of education and work experience or even work experience alone.

Credential evaluations from respected companies are commonly accepted by the INS. However, the INS also applies its own rule, which requires three years of work experience for every year that the alien lacks towards a four year degree in the field. If you are required to qualify on the basis of work experience alone (perhaps because your education is not related to the proposed field), you will have to show at least twelve years of work experience, even if you managed to obtain a credential evaluation stating that you had the equivalent of a Bachelor Degree. Based on what you have told me, a credential evaluation probably may not help you.

In contrast to the H-1B category, you cannot qualify for TN status by showing equivalency to a bachelor degree. However, you can qualify under TN status without a bachelor degree in some of the eligible professions. The list of TN eligible professions and credential requirements appears in Appendix 1603.D.1 of Annex 1603 to the North American Free Trade Agreement.

I am a Canadian citizen and a legal resident (green card) in the United States.  My fiancé is also a Canadian citizen and has a TN-1 visa.  We plan on marrying back in Canada but continue to reside and work in the U.S.  How will this effect my green card status?  Will my fiancé have to apply for a green card separately or will he have to continually renew his visa yearly?

There is nothing wrong with you marrying in Canada and then going back to the United States under your current status. This is not inconsistent with being a lawful permanent resident, especially since your husband is currently in the U.S. on a TN.

Some ports of entry might argue that your husband will have immigrant intent (which may cause problems for TN workers - see my TN article) if he marries you and tries to re-enter the U.S. However, in my opinion, the mere marriage to a green card holder does not necessarily show immigrant intent on his part.

Your fiancé will not automatically acquire permanent resident status when he marries you. You will either have to file a petition for him under a family-based immigration category or his employer will have to file a petition for him under an employment-based immigration category.

In the alternative, your fiancé could continue renewing his TN and not bother seeking permanent residence. However, if you both plan on living permanently in the U.S., I recommend that he seek permanent residence as soon as possible.

Keep in mind that the filing of a petition for permanent residence on his behalf may have a negative affect on his current TN status. You should refer to my TN article for more information.

I am a Canadian citizen working in the U.S. with a TN visa.  My fiancé is a US citizen. My question is whether his petitioning K-1 status for me would interfere with my ability to work in the U.S.  Would my TN visa remain valid until I received the K-1 visa or would I have to return to Canada from the time of application until it was issued.  Would I have to travel back to Canada to have the K1 issued anyway or can it be done through our local INS office? 

You can only hold one status at a time, so if you are granted K-1 status you will obviously no longer hold TN status. However, until the K-1 is approved, you continue to have TN status.

Since K-1 fiancés generally do not intend to depart the United States, there is some risk that this will cause immigrant intent problems for your TN status. However, the mere filing of a K-1 petition will probably not affect your TN status.

However, I have to ask the logic behind your plan. K-1 visas are issued only outside the United States and are generally used in cases where the alien fiancé is outside the United States and cannot otherwise enter to marry the U.S. citizen. The alien fiancé enters, marries within 90 days and then files for adjustment of status.

In your case, you are already in the United States. Therefore, the use of a K-1 visa to get into the U.S. is superfluous. I would recommend working in TN status until the wedding, marrying and then filing for adjustment of status within the United States. If you require further information regarding you case, please schedule a consultation.

I was born in New York in 1966.  My mother was born in Quebec and married my U.S. citizen father. In 1980, my mother moved herself and my sisters to Quebec where we became Canadian citizens.  I applied for a U.S. passport in 1993 and advised that I relinquished my U.S. citizenship when I obtained Canadian citizenship but was granted dual nationality due to circumstances. Now I want to move back to the US to be closer to my family.  From your pages I understand that I need a VISA.  Do I have to go the U.S. consulate here in Vancouver?  Will I be able to move back?  How long will all this take and what costs are involved?

I don't know what you mean by being "granted dual nationality due to circumstances." However, I can still answer your question. Based on the limited facts you have given me, you may still have U.S. citizenship. If so, you certainly do not need a visa to enter, work or live permanently in the United States.

If you refer to my article on loss of nationality and dual citizenship, you will see that you must have committed an expatriating act listed in INA §349 as an adult (there are exceptions for minors), voluntarily, and with the intention of relinquishing United States nationality. The current Department of State policy is that you are presumed NOT to have intended to relinquish your United States nationality merely because you naturalized in a foreign country.

I recommend that you apply for a U.S. Passport in order to have your claim to U.S. citizenship adjudicated. I also recommend that you retain legal counsel to assist you in this matter.