Immigrating to the US

pooablo · Post by **pooablo** » Thu Dec 13, 2012 5:56 am

Hey guys,
I am sure some people on the forum know this already -- I really really love Portland and America; and I would love to be able to immigrate to the States someday. I am wondering if anyone has any suggestions on how a Canadian could immigrate to the States.
I have done a cost analysis of a few of the ways that I could get there.
1. Marry someone (Cost: Undefined)

2. Go to school there. (Cost: $10,000 community college to $50,000 for an MBA)

3. Get a job (Cost: $20,000 to get a CPA)

4. Obtain an investment visa. (Cost: $500,000 or $1,000,000)

5. Live there 6 months of the year (Cost: Additional overhead due to dual residences).
Option 1 -- Get Married
Short of a sham marriage, option 1 would not be feasible until same-sex marriage is recognized on a federal level in the States and I find a lovely American guy willing to marry me.

Option 2 -- Go to School
I have looked at some community colleges in the States (in Portland and Manhattan, in particular) and the tuition is quite affordable for international students at these institutions.
I would want to do a trade as I want to expand my skill set outside of the financial world. However, I am concerned that it would be difficult to get a job as a trades person in the States given the state of the economy. In addition, I am not sure how easy it would be for the sponsoring-employer to prove that hiring me as a trades person would not be taking a job away from another American.
The other option would be for me to take an MBA. The tuition cost would be much higher but I think it would be easier to network and to find work after graduation. The $50,000 would actually be relatively inexpensive for me to buy my way into the States versus the Investor Visa option (See Option 4). If I pursue the MBA route, I wouldn't want to do it until my net worth allows me to be financially independent and to pay for the MBA tuition -- probably around $750,000. I'll hit that mark in my late 30s.
I wouldn't be learning much in the program but it is a way to get my foot in the door to establish roots in the States.
The other thing to keep in mind is that I would still have to work for a few years so I can eventually apply for a green card and then American citizenship. It's interesting how citizenship is tied to employment for singles!
Option 3 -- Get a Job
I do have work experience that would make me employable in the banking sector in the States but the question is the American banks willingness to hire foreign nationals.
I know that Canadians can apply for a TN-1 Visa to work in the States if their qualifications fall under specific categories (like accounting). If I were to pursue this route, I would get my CPA first and then try to qualify for a TN-1 Visa but this would still require my being sponsored by an American company.
Option 4 -- Investor Visa
If I am willing to spend $500,000 in an economically weak area or $1,000,000 in a normal area, I can get an investor visa. However, I wouldn't be able to amass this much wealth until my 40s to 50s. I am not sure if I want to wait that long to get to the States.
Option 5 -- Live in the States half the year and the other half in Canada
As a Canadian, I can live in the States half the year but the problem with this option is that I would have to commute between Canada and the States and I would have to rent two places (probably $1,200 a month for two small studios). In addition, such frequent visits could lead to being potentially turned away at the border by US customs.
What does everyone think? What is the price of citizenship to you? Any other suggestions on how I can make this work?

FrugalZen · Post by **FrugalZen** » Thu Dec 13, 2012 6:13 am

Well first are we talking Portland Oregon or Portland Maine??
If Portland Oregon that means the west coast and how does Vancouver B.C. stack up against Portland???

pooablo · Post by **pooablo** » Thu Dec 13, 2012 6:21 am

I love Portland, Oregon. I like it much more than Vancouver.

It's more alternative, cheaper, laid-back, vegan-friendly, and queer-friendly. It's got great neighbourhoods and great public transit.

bike_the_world · Post by **bike_the_world** » Thu Dec 13, 2012 2:01 pm

Pooablo: I did this about 11 years ago, and unless the rules have changed a lot (they haven't) the range of jobs/qualifications that are covered under TN-1 is wider than you describe. I doubt there is a shortage in accountancy, but other areas? Be careful about professional licensing/exams when you pick one. In many cases, a bachelor's degree or sometimes high-skilled trade will suffice. A job offer is a must, with very specific terms that mention your qualifications, etc.
Down side to a TN? Must leave U.S. once per year and hope that on return the immigration officer decides to let you back in (good mood) and knows what they are doing. Don't leave your pets and plants unattended while you do your annual exit and go somewhere you can stay if it doesn't go well. Based on past experiences, do NOT try to cross at a small wayward crossing named 'Wild Horse' just so you an see more of the beauty of Canada/U.S. Go where they know the rules. 'Sweetgrass, MT', for example!
H1-B is much better.
Portland seems nice, though I am partial to Texas (it seems so very progressive when viewed from here in Kansas).

pooablo · Post by **pooablo** » Fri Dec 14, 2012 3:15 am

Hi Bike the World,
Thanks for the advice. I like Texas too as it's like a warmer version of Alberta.

So did you eventually get a H1-B in the end before getting your green card? If you don't mind me asking, how were you able to secure and find work down in the States?
My company has a big presence in the States but more on the East coast.

Post by **jacob** » Fri Dec 14, 2012 5:25 am

H1 seems like the most robust option. (I arrived on a J1 which is the academic equivalent). If you're a sports star, there's another one for that.
Anyway, the only downside (but it's an important one)---and I presume the H1 and J1 are equivalent---is that they tie you to a specific employer who must sign a document to renew the visa once per year every year. Talk about being indentured. Also, you can't make money (earned income) on anything else in the US (e.g. side-business, etc.).

mfi · Post by **mfi** » Fri Dec 14, 2012 6:04 am

If your employer has strong presence in the US and you are at the "manager" level, then L-1 might be your easiest/fastest option.

pooablo · Post by **pooablo** » Fri Dec 14, 2012 7:27 am

I took a look at both the H1 and L1 visas; and they both allow dual intent since either visa would be ideal.
I looked up the current rules for the H1 visa and it looks like the visa now permits the visa holder to change jobs but still there is the job requirement so I would have to work for the sake of being able to qualify for the green card. I don't think this will be much of an issue if I am in a city that I like. I noticed too that there is a cap for the number of H1 visa applications issued per year. However, there is an exemption to the cap if one has a Master's degree or better from an American university. That might mean that the MBA is a better route if I want to pursue the H1 visa.
The L1 is good too but I will need to move up to a managerial position first!
There is a lot of information to mull over. I'll probably need to spend a few years reading up on this before I make the plunge. That will give me time to build up my FI stash.

bike_the_world · Post by **bike_the_world** » Mon Dec 17, 2012 1:31 pm

Pooablo,
My situation was indeed an H1B visa at the time, though due to a foul-up by employer my spouse ended up doing the TN visa thing for three years (every year at winter holidays it was a closely timed event at the US preclearance desk in Calgary). I foolishly waited to apply for permanant residency until I was qualified as an 'outstanding researcher' or some such thing (less than Nobel Prize winner, that's for sure). If they had been willing to spend some coin to sponsor employment-based permenant residency, a labor certification within the first 18 months of employment was almost a sure thing. Instead, it was almost 7 years (and all of my H1B renewals) until I got the green card.
Lesson? Nobody but you cares enough to push the process through correctly (emphasis on the last word). That means if you don't know, read lots. There are lawyers who are very happy to take lots of your money if you choose to remain ignorant of the process. I haven't used one, though the prolonged H1B status might be a result of that decision.
Jacob was right about the 'no side money' issue on either TN or H1B so get out from under that cloud ASAP. I do know people who did side jobs but you risk a lot doing so since your SS card will flag you as non-immigrant/immigrant as the case may be (at least early on). IRS and ICE don't seem to communicate that openly or often, but I would never count on that, especially when the visa/green card/citizenship was up for consideration/renewal.
BTW, I grew up in what was (at the time) the southside of Edmonton, Alberta so I know the province well. It was a nice place once, before oil went north of $80.00 per barrel.