Canadian Software Developer looking to move to US ...

styler247 wrote: ↑Hi everyone, my first post on the forums here. I wanted some advice and I hope I came to the right place

So I've been reading that as a Canadian software developer, if you want to work in the US then besides a job offer, you also need to get a TN-1 Visa at the US border. However there's all this confusion regarding 'Software Engineering' vs 'Computer Systems Analyst' in regards to getting the TN-1 visa. From what I know, the border people DON'T allow software engineers to work in the US ? :/ ... Some people say that you need to file under the 'Computer Systems Analyst' category and give proof that you're an engineer, while also stating that your job does NOT involve any programming ... !?

All of the above is very confusing to me, and I'll be grateful if someone can clarify all of this for me.

Please note that I currently do NOT have a US based job offer, but am rather just assessing the situation right now.

bramptonmt wrote: ↑Lawyer of the company you are hired for will prepare all the documents and will take care of which category you fall under. You need to take that job offer letter and your educational certificates to the border and obtain TN.

For more details, you can see http://travel.state.gov/content/visas/e ... nafta.html

andrew2good4u wrote: ↑You need an H1-B visa if you're going to be a software developer. TN is out of the question.

TotallyKiller wrote: ↑A TN Visa isn't for people who are hired by US companies, it's for people working for Canadian companies that are doing work in the US.

ObsidianTriangle wrote: ↑To the OP:
If you have a software engineering degree, you can go in under the engineer category. If you have a CS degree, you must go in as a CSA. It's also very important that you don't mention the word programming (or programmer) at the border. They have a very misguided idea as to what programming is, your lawyer should also tell you this.

Most decent companies would start you off on a TN (very quick and easy to get, relatively speaking), then transition you to an H1B (slow process with a lot more paperwork and a lottery).


You're thinking of an L1, not a TN.

ObsidianTriangle wrote: ↑To the OP:
If you have a software engineering degree, you can go in under the engineer category. If you have a CS degree, you must go in as a CSA. It's also very important that you don't mention the word programming (or programmer) at the border. They have a very misguided idea as to what programming is, your lawyer should also tell you this.

Most decent companies would start you off on a TN (very quick and easy to get, relatively speaking), then transition you to an H1B (slow process with a lot more paperwork and a lottery).

TotallyKiller wrote: ↑A TN Visa isn't for people who are hired by US companies, it's for people working for Canadian companies that are doing work in the US.

styler247 wrote: ↑Thanks. But will it be a straightforward procedure, or is it still a game of chance somehow ? What about that "Computer Systems Analyst" thing that I referred to in my original question ?



Why do you say that ? Isn't TN meant to be for Canadians looking to work in the US ? Getting a H1-B will be very difficult now I think because of all the people competing for it.

LeafsFan91 wrote: ↑Also, I don't recommend applying ahead of time as you'll most likely get denied and it'll be on your record which will stop you from getting a TN.

styler247 wrote: ↑Don't understand what you meant when saying the above.

styler247 wrote: ↑Thanks. Well I have one undergraduate degree and two Masters degree. My undergraduate degree is in 'Computer Engineering, and the first of my two Masters is in 'Electrical & Computer Engineering' (this is also from a US university named Georgia Tech). My second Masters is from University of Waterloo in MMath Computer Science.

So given the above, as I have degrees in CE and ECE too, does that make things any easier ?

Also, what if they point blank ask me if my job will involve computer programming ? I've heard that if you lie, they'll deny you the visa, and if you say yes, the result is the same :/

LeafsFan91 wrote: ↑For a TN Visa you can apply at port of entry (more airports have this, but you'll need to double check that the airport deals with TNs). So, you basically bring the required documents and apply at your port of entry.

http://travel.state.gov/content/visas/e ... nafta.html

TotallyKiller wrote: ↑Could be, but then I'd have to assume they overlap a bit as I've only ever had TN and have only ever worked in the US for US clients that hired the Canadian firm. Had the letters drafted by the client and my employer saying why they couldn't get the work done with US personnel, etc. Not sure what the difference would be between that and what the L1 gets you.

Update: Figured it out. As my work was always temporary (a year or less) it's likely that this is what was applicable to me: "Canadian citizens are not required to obtain a visa, but instead receive "TN" status with U.S. Customs and Border Protection (CBP) at their Port of Entry. Please note that the "TN" status will only be granted if the period of stay is temporary."

ObsidianTriangle wrote: ↑You can't really do it ahead of time since you need to already have the job offer as part of the required documentation. Unless you mean ahead of time as in at a different port of entry.

@OP: It's actually recommended to drive over to the land border at Niagara to get a TN since the people that work in Pearson are complete asses. That's assuming you're crossing in the GTA, which I assuming you will since you have Waterloo listed. Then you just do a U turn, go back into Canada, and fly to your actual destination.

mofesto wrote: ↑Because of the recent CAD fail, I'm looking to work for a US company again. I'm a senior software developer and find it perplexing as to why they make it so hard for me to move to the US for work.

I won't even bother with the TN category, because it's clearly not applicable for developers. And H-1B has a tremendous backlog which results in a long wait and a lottery.

And I have to ask -- why do they make it this hard? I can just as well work remotely full-time from Canada (or anywhere in the world), charge my clients in USD anyways... so the US Government is shooting itself in the foot. Because instead of IRS getting my income tax, it's going to the Canadian government.

It makes NO SENSE to make it this hard for professional developers to migrate from Canada into the US.

mofesto wrote: ↑Because of the recent CAD fail, I'm looking to work for a US company again. I'm a senior software developer and find it perplexing as to why they make it so hard for me to move to the US for work.

I won't even bother with the TN category, because it's clearly not applicable for developers. And H-1B has a tremendous backlog which results in a long wait and a lottery.

And I have to ask -- why do they make it this hard? I can just as well work remotely full-time from Canada (or anywhere in the world), charge my clients in USD anyways... so the US Government is shooting itself in the foot. Because instead of IRS getting my income tax, it's going to the Canadian government.

It makes NO SENSE to make it this hard for professional developers to migrate from Canada into the US.