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Nov12
Critical Nonimmigrant Visa Issues

The following is not meant to be legal advice.

 

For those who are studying immigration law, it may be helpful to know what some of the abbreviations mean.  On November 10, 2007, there was a talk in San Francisco, CA on TN, meaning Trade NAFTA. 

 

TN applies to people from Canada and Mexico.  In other words, it applies to those from the NAFTA nations.  Immigration is part of the hiring process so a talk on immigration fits into a session on recruiting, performance appraisals, terminations, privacy.

Getting the green card is a 3 step process.  It begins with recruiting.  When the employer advertises the position, and comes of up with the job description, the employer is already working on the green card process. 

 

The second step is to get a labor certification.  This is when the employer shows no one else is qualified for the job who is from the U.S.  This is done after hiring the foreign national.  Any disqualification of a U.S. applicant has to be a stated requirement in the labor certification.  If there is a U.S. qualified person, the employer needs to put the green card application on hold. 

 

The third step is adjustment of status.  This is when the foreign national can go to a new employer if the position is same or similar.  There is portability.  People who are portable may start applying for new jobs.

NAFTA

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