NAFTA TN Visa / Technician

[tinaamour]

Hello,

I have been trying all week to get a hold of anyone for clarification on the TN Visa. We were told months ago by an immigration lawyer that my husband, a technician, qualifies for the TN Visa. He has a written job offer, would be working in his field under a supervisor in the same field. He has a two year associates degree as an automotive technician in addition to other specialized training. He is licensed and certified in the US and has 5 years working experience in the field. He is currently in his last week of specialized schooling, not working. He is scheduled to start work Sept 3. This lawyer called him out of the blue on Monday, two weeks before we leave quoting the charges to apply for a work permit and what his future employer needs to do yada yada. He previously said my husband qualified, what to bring, and to get the TN Visa when we cross the border.

We sold our house here in the US, bought one in Ottawa (I am a Canadian citizen), booked the moving trucks and are almost packed, and are tying up the ends to get our 5month old daughter her citizenship card in Canada.

Can anyone clarify the stipulations? His profession is a technician, he went to school for the theoretic knowledge of engines, components etc, and has experience applying the knowledge, along with all the paperwork needed to prove it. We were told it fell under "scientific technician: engineering". We can't call CIC because we are not in Canada. LA and NY don't take calls, Washington can't help, border patrol services can't help, the MP in the riding where we bought a house never returned my calls and apparently all the other immigration lawyers are on holidays. In addition - the baby is teething!!!

Any information is appreciated. Sorry for rambling. We had this all sorted out before our daughter was born in January, reconfirmed it all in May and were floored and heart broken when we got this call on Monday. Our lives for the last six months have been based on the advice we were told.

Thank you

 

[scylla]

The the end of the document below for the occupations that qualify under NAFTA:

http://www.worldtradelaw.net/nafta/chap-16.pdf

If your husband's occupation qualifies under NAFTA, then as long as he has a job offer, he can apply for a work permit at the border.

If his occupation does not qualify under NAFTA, then his employer will need to obtain an approved Labour Market Opinion (LMO) before he can obtain a work permit. More information about LMOs can be found here. As part of the LMO process, the employer must advertise the job to prove a Canadian could not be found for the role. There is a processing fee that the employer must pay and processing typically takes a few months.

http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

 

[PMM]

Hi

The the end of the document below for the occupations that qualify under NAFTA:

http://www.worldtradelaw.net/nafta/chap-16.pdf

If your husband's occupation qualifies under NAFTA, then as long as he has a job offer, he can apply for a work permit at the border.

If his occupation does not qualify under NAFTA, then his employer will need to obtain an approved Labour Market Opinion (LMO) before he can obtain a work permit. More information about LMOs can be found here. As part of the LMO process, the employer must advertise the job to prove a Canadian could not be found for the role. There is a processing fee that the employer must pay and processing typically takes a few months.

http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

Reading the OP's post, it would appear to me that her spouse is an Automotive Technician, i.e. mechanic. Not covered under NAFTA.

 

[tinaamour]

He can work as a mechanic, you are correct. However his degree, specialized training and licenses are labelled technician. His job description fits that of the technician description, and I have been told various types of techs are qualified under nafta but its wishy washy. That's why we contacted the lawyer, who reviewed our case and said yes we qualify. Then months later he changed his word. All I can read so far is that since it is wishy washy, it's up to the discretion of the agent at POE. When you have a mortgage to pay and an infant to care for, you can't wait until days before your start date. We are in Phoenix at the moment and will be driving so unfort can't make a quick POE to get answers.

I have received contact info for someone at CIC who can help so hopefully they can offer more insight.

 

[voodoochild]

Im having the same situation. Did your husband got the visa and thus automotive technician is under NAFTA after all?