Can i apply it myself 0 can you provide a sample letter for statement of purpose for TN /H1B

Are you referring to a nonimmigrant waiver? Section 212(d)(3) of the Immigration and Nationality Act (“the Act”) is a broad waiver provision that allows applicants for admission as nonimmigrants to overcome almost any ground of inadmissibility found in Section 212(a) of the Act. The only inadmissibility grounds that can not be overcome by the 212(d)(3) waiver relate to foreign policy considerations and participation in Nazi persecutions. The Section 212(d)(3) waiver is thus available to the vast majority of inadmissible individuals. The 212(d)(3) waiver must be anchored to a nonimmigrant visa, such as a tourist, student, H-1B or L visa. For example, an individual who has been deported from the United States because of a criminal conviction but has since returned to his or her home country and now has an offer of professional employment from a US company can petition for an H1B visa. Of course, it is within the discretion of the Attorney General to grant or deny the waiver. However, this waiver is important because it includes few statutory grounds of ineligibility. It could be used to obtain admission on a nonimmigrant visa for an applicant who had previously been deported from the United States or who had been found to have committed fraud, for example. The Board of Immigration Appeals has set forth criteria to be evaluated by the Attorney General in making a discretionary determination under Section 212(d)(3). In Matter of Hranka, 16 I&N Dec. 491(BIA 1978), the BIA listed three criteria for determining whether to approve or deny a Section 212(d)(3) waiver: 1. The risk of harm to society if the applicant is admitted; 2. The seriousness of the applicant’s prior immigration law, or criminal law, violations, if any; and 3. The reasons for wishing to enter the US.

To get a TN visa, your employer who has hired you should have an immigration attorney who will prepare all the necessary documentation as to how you qualify for a TN visa. This would include a letter of eligibility setting forth how you meet the requirements for a TN visa and which professional category your job falls under. With this letter and all paperwork supporting your credentials you could obtain the TN at the border, if the CBP officer determines you meet all the requirements. As for an H1B, in most cases, in order for you to get an H1B, you will need to go through the April 1, 2016 lottery. I suggest you contact your employer's immigration attorney or talk to an immigration attorney in your local area to understand the specifics of your case. We cannot give you all the information you need through this forum. So, I suggest you talk to an immigration attorney to answer all your questions. Best of luck to you.

I strongly recommend working with an immigration attorney to help you with this matter. Good luck.

You are mixing apples and oranges. The TN and H1b petitions are required to be handled by the prospective employer, and have different requirements and limitations. The 212(d)(3) waiver of inadmissibility, as aptly described by my colleague, is an additional requirement if you have some type of ground of inadmissibility, which it sounds like you do. Once you have either a TN employer offering a job with proper documentation or once you have been approved for an H-1b, you would only then proceed to the border with a request for the waiver based on the type admission you are seeking. speak to the immigrarion attorney for the employer or contact an immigration attorney who can describe and assist in the different requirements for the visa classifications to see if the job you have found can meet the nonimmigrant classification requirements.

The TN is a status that needs an application. This is different from a waiver which also requires application.