Which visa stress!!!

What is the name of your state? Canada
Hi, I currently have a 6 figure job offer for a Creative Director position with a fashion company in California. The company has hired a second law firm after the 1st was not working out. I do not hold a college degree or diploma. I have a 1 year certificate from a Graphic Design program.

I have been working professionaly for 6 years and have worked myself up to Director of Marketing/Creative Services for a major Canadian retail company owned by a high profile, multi-billion dollar US company. I have multiple letters of reference from top executives I have worked with throughout my career.

The law firm, the company hired, does not share the confidence attornies I have spoken with, in regards to obtaining a visa. Most agree the TN visa is my best bet at this time. My concern is the education requirement. If the company changes the job to Graphic Designer, the education requirement is 3 years experience and a diploma.

I have no direct communication with the companies attornies, therefore I am researching alternatives in case they are not able to find a solution. Any help is greatly appreciated.

Thank You

I forgot to mention my Grandma is a US citizen if that helps.

Thanks

I forgot to mention my Grandma is a US citizen living in Canda if that helps.

Thanks

Your grandma is not going to be of any help to you in this matter and most likely you will not qualify for a TN or H-1B visa because of the 3 for 1 rule where you need to have 3 years of work experience for every 1 year of education. Therefore, if you only have 6 years of experience and a one year certificate, it is only going to be the equivalent, at best, to a 3 year degree and this is less than a bachelor's degree or its equivalent. You will need to work closely with the attorneys and a credentials evaluation company to see if there is anything that can be done about your credentials evaluation.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

Thanks for responding Lana. It turns out my certificate is actually a Diploma. The school applied to become University Accredited because the program I took was so intense. The program was accepted as equivalent to a Diploma and I just received the documentation in the mail.

It seems I should now meet the requirements of the TN. Graphic Designer Diploma and 3 years experience.

Would you agree?

Thanks for all you help

Not necessarily. Whether you call it a diploma or a certificate is really not relevant because that is a matter of semantics. If it is only a one-year program, it is still only a one-year program and does not rise to the level of a degree just because it is called a diploma. It still needs to be evaluated by the credentials evaluations company, along with your proof of employment, to determine if it meets the TN or H-1B visa standard.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

Thanks Lana, I will investigate the Credentials assessment.

I am confused because in the TN requirements for the Graphic Design profession do not require a 4 year degree like other professions. It requires 3 years professional experience and a Diploma. In Canada a Diploma is the same as an Associates Degree in the US.

Because of the intense nature of the program the Canadian government considers the one year program I completed equivalent to a diploma program or 2 years post secondary education. This is why I have a Diploma or in the US and Associates Degree equivalent.

I am keeping my finders crossed. The company is willing to spend a considerable amount of money to make this happen.

Thanks again

Lana,
Here is the response from the credential asessment company: "I have heard back from the evaluation source and they say that you are
three units short of a 2 year diploma: the diploma you have they say is
a one year diploma and it is not from an accredited university." I am going to investigate if the School I attended lost their accreditation after they canceled my program.

Would you consider the following viable options?
H-2B Temporary Worker, O- Extraordinary Ability Worker, H-1B Managerial/Professional Worker or the TN-Management Consultant (This is pretty much what my role will be witht he company)

Thanks
dt

None of the options you would be eligible for since they are either for professional occupations requiring an equivalent of a bachelor's degree or in the case of H-2b a seasonal type position which is for a period of less than one year for peaktime, shortage occupations.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.