Hi there! I have an adult student who has been offered a permanent full time position working for an American Rider based in the US. To be clear - it a paid working student position.
She wishes to do it legally!
Can anyone help guide her to to/through the appropriate legal and immigration channels? Where does she start for current information?
Thanks!
I think her employer needs to do the appropriate paperwork. I would also suggest consulting a lawyer who does this stuff. There are several options for work visas and she needs to decide in concert with her new employer which one fits her situation.
The rules and the quotas if any change from year to year. So she should get up to date information.
I think the only chance they have is if they are competing at the FEI level and can get a visa that way through an athlete visa.
There are a number of work visa options for Canadians that require the employer to participate in obtaining the visa. Whether this job qualifies for a visa is a question for an immigration lawyer. Certainly Americans routinely hire migrant labor legally for agricultural and domestic work. Also its possible for Canadians to get visas for professional jobs, IT or medicine or professors.
Yes I was speaking specifically about Canadians going to be working students or staff at a barn. Almost impossible to get a visa if you aren’t showing at FEI level with a good record.
That’s why most work under the table until then.
My jump trainer was a working student here in the US long before she competed FEI levels. I think the main thing is having a sponsor and showing a need that is not being filled locally.
Yes but was she on a visa at that time?
I worked in the US for 5 years, 10yrs ago. My employer and I had to apply for a TN visa, and that was only possible due to my profession being on the list. They had to reapply every year (now I think it’s 2yrs) and they were required to justify why a foreign worker and had to hold 5 interviews to show I was the best candidate. Had to write the job description to fit me etc. It was difficult and a lot of work.
Other than a TN visa, there aren’t a lot of options. Unless, of course, like Jealoushe he said, she could qualify for an athlete visa.
TN visa is related to NAFTA, or it’s replacement. It’s a visa status for skilled professionals. I know of people who have used it in either direction (American working in Canada, Mexican working in the US). The program is restricted to certain professions.
Your student must have a legal work authorization in order to work in the US, and good of her to know that and be trying to determine how to do that. There’s lots to read on the internet on this topic.
I think most people in this situation work under the table, honestly. It’s a tough situation to be in. Best wishes to her on finding the right way to get the experience.
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