VISA guidance - TN visa?

[LanceLyons]

Hi, I have a friend who graduated from LSU and St Mary's and has a MBA. She is currently in USA on an F1 OPT visa that expires in January 23. Eventually she would love to become a US citizen.

For now she needs to find a way to stay and obtain a work visa assuming this is the best route. Would she be best suited to apply for a TN NAFTA Visa?

If so im assuming she needs
passport,
completed form DS-160 and Payment receipt,
photo
letter of employment from employer (purpose of entry, job description, length of stay, education requirements, evidence of prior visa compliance)
documentation proving education background,etc

what guidance should I give her? Does she need to see an immigration attorney or specialist and how much does this cost.

thanks in advance
Lance

[travisinfla]

Well under OPT the only requirement is you have to work in a job under your major. Whereas under the TN-1 you're only eligible to work in the specified professions they list and qualify for one of them. So with MBA there's probably only 2 she potentially would qualify for 1) accountant or 2) management consultant. The USCIS heavily scrutinizes the latter because a lot of people try and get in under that, and that would require a lawyer. If she qualifies then the easiest way is to go to the border and apply, except it's high stakes, and I probably pay for an attorney to handle it. because they won't let her back in if they deny it. I probably went through this process 10x. You need a valid passport, preferably one that's still good after TN-1 expires, cash or check or credit card for $56 fee + transcripts + copy of degrees, actually had one idiot give me a hard time over that once so took it out of my frame and made copies for future use, plus the offer letter.

If you try and change status through mail well, if OPT expires before TN-1 is approved then your out of status and can't work so the border is easier route for TN-1, and then renewals can be done through mail.
IF she doesn't qualify for TN-1 then employer would need to sponsor her for a H1B.