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My wife is a Canadian citizen and she is in the US on a F-2 visa through me. She got a diploma from a 3 yr college in Canada in dental technology and has worked as a dental tech for about three years. She got an offer to work three days a week at an orthodontic office as a dental assistant. Does she qualify for a TN visa? If not can she get a h1b? How long does the process take and how much does it cost? And also, does filing for a h1b guarantees that she will get a h1b?
6 ANSWERS
Rebecca T White
A TN visa is going to require a degree in dentistry, and as a dental tech rather than a full dentist she may not qualify. She may be able to obtain an H-1b visa, but I would have a concern with whether she will have the education and professional qualifications - she would need to show the equivalent of a four year bachelor's degree. The part-time offer would be sufficient, however.
Answered on Jun 04th, 2012 at 10:39 AM
Immigration Attorney serving Arlington, TX
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Unfortunately, dental assistant is not one of the listed professions for a TN visa. She can apply for a H1B visa if she can prove to the satisfaction of immigration that the position being offered normally requires the employee to have a 4-year degree or its equivalent to qualify or do the work.
Answered on May 31st, 2012 at 1:21 PM
Business Law Attorney serving Atlanta, GA
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There is no guarantee in any legal work simply because there are many moving factors. Your wife may be eligible for TN but she should have a job offer for full time employment. She also can apply for H-1B if she qualifies. This is a complex scenario that requires the attention to the details.
Answered on May 30th, 2012 at 4:29 PM
She will not qualify for either a TN or H-1B because her position is not one that requires a bachelor's degree AND she does not have a bachelor's degree equivalent.
Answered on May 30th, 2012 at 2:22 PM
Immigration Law Attorney serving Long Beach, CA
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Nothing is guaranteed in Immigration Law. Normally an H-1B requires a college degree.
Answered on May 29th, 2012 at 10:32 PM
Thomas J. Rosser
In some cases, "Medical Technologists" (including people in the dental field, but who specifically do lab work) are able to qualify for TN visas under Appendix 1603 of NAFTA when they have a post-secondary three-year Canadian bachelor's degree and usually three years experience deemed to be the equivalent of a US bachelor's degree in a particular field. Given the circumstances you describe for part-time employment as a dental tech in an orthodontics office environment, approval of a TN or H-1B would be improbable.
Answered on May 29th, 2012 at 6:56 PM