Question:
Now to my question: I recently asked my employeer about GC
sponsership and the legal dept. came back and said that the minimum
requirements for GC application is a completed university degree. Is
this true?? If so, any way around this?? It has been years since I went
to university and i dread to go back.
Answer:
I am a Canadian on a TN visa working for a large multinational for
the last 3.5 yrs. Furthermore I am on a TN classification that does not
require a completed degree but accepts a combination of work experience
( i have 14 yrs) and some secondary education (I have completed over
300 accreditied university level course - different degree course loads
but did not graduate).
Now to my question: I recently asked my employeer about GC
sponsership and the legal dept. came back and said that the minimum
requirements for GC application is a completed university degree. Is
this true?? If so, any way around this?? It has been years since I went
to university and i dread to go back.
You do not require a college degree for GC sponsorship. A skilled worker in
the employment-based third preference category is defined as a person
capable of performing work requiring at least two years experience or
training.
The immigration process based on employer sponsorship is generally started
through the filing of an "application for alien employment certification"
(aka Labor Certification) with the Dept. of Labor. Upon approval, a petition
for immigrant worker (Form I-140) is filed with the INS by your employer.
Adjustment of status is granted if the priority date (when the Labor
Certification is received by the Dept. of Labor) is current.
I read that it is a four year college degree OR 3 years of
work experience for each year of missed college. I just don't remember
where you can verify this. Maybe in the shusterman site.
One further question. Does a Canadian visa
holder really have to switch from a TN visa to an H1-B at some time because
of "dual intention" issues. The TN being a visa that one cannot have while
awaiting/applying for permanent immigration status??
Yes your education + experience can be evaluated to equivalent of
bachelor degree. It all depends on which courses of education you
had taken and which kind of job you had (did these jobs required
usually at least bachelor degree). I would be happy to help you
but to do that I need more information.
