Planning To Travel With an L-1 or TN Visa from Canada? Or, do you have another question about TN visas? Familiarize yourself with our list of TN Visa Frequently Asked Questions below to learn more. Or, contact the immigration attorneys at KPPB Law for a consultation to discuss your case.
Contents
TN Visa Frequently Asked Questions
1. What do the L and TN nonimmigrant classifications mean?
2. Can L-1 and TN classifications be obtained by Canadian Citizens and how to do it?
3. Do I need to go to the designated port of entry if I’m a first time L-1 or TN applicant?
4. What are the designated ports of entry for optimized processing?
Answers:
1. With the TN nonimmigrant classification, qualified Mexican and Canadian citizens can apply for temporary entry into the U.S. for the purpose of engaging in professional business activities. The Intracompany Transferee Executive or L-1 nonimmigrant classification makes it possible for a U.S. employer to send an executive manager from an affiliated foreign office to an office located within the United States. With this classification, a foreign company can send a manager or executive to the United States if the company doesn’t already have an affiliated office in the United States, for the main purpose of establishing an office.
2. With the required documentation, Canadian citizens can apply for L and TN classifications at U.S. preclearance facilities or ports of entry.
3. The short answer to this question is no. You can visit virtually any port of entry for processing as long as it’s located along the Canadian border. However, you’re encouraged to visit a designated port, so you can receive optimal processing.
4. There are fourteen designated ports in total, and there are four preclearance locations.
Changing Your Status from J-2 to TN
Question:
- Do I have permission to apply for TN status while waiting for my EAD? Will I be able to apply for TN status at the border or get COS with USCIS with I-129?
Answer:
- You’ll have to check with USCIS customer service. If you travel outside of the United States while your EAD is pending, it’s likely that the application for the EAD will be dismissed, and you would probably need to file the application again. However, since J-2 work authorization is granted right, called incidental to status, I do have a small amount of doubt.
TN Classification Approved Job Titles
Question:
- If the job duties require the use of engineering principles in the promotion and support of technical products, can an engineer who has the job title of engineering manager or sales engineer get approved for a TN classification?
Answer:
- Since an engineering manager or sales engineer is not a profession listed within the Appendix 1603.D.1, the individual would not be able to get approved for the TN classification, as indicated by the United States Customers and Border Patrol.
Applicants Who’re Seeking Admission as NAFTA Professionals
Question:
- Do CBP officers need to evaluate job duties as described by the employer’s statement that supports the application for admission? Does the job title control the determination by itself, as long as the offered job has an NAFTA covered occupation?
Answer:
- According to section 8 CFR 214.6, the CBP says an applicant who is seeking admission to become an NAFTA professional must show professional level business activity in a profession that has been set forth in Appendix 1603.D.1 to Annex 1603. Put simply, the job title or profession stated on the employment letter needs to be a profession that is listed within Appendix 1603.D.1, and it doesn’t matter if the duties are described inside of the employer’s statement.
Procedure for Seeking Supervisory Review for Citizens of Mexico
Question:
- In the case of a CBP port of entry, what is the available procedure used to obtain supervisory review for an officer’s refusal to allow a Mexican citizen into the United States for employment lasting up to three years?
Answer:
- According to the CBP, when an officer refuses to admit a TN applicant for an employment period of three years, the applicant is required to talk to the Supervisory CBP officer who is in charge of the area where the inspection was carried out. If this isn’t possible, an inquiry can be sent to the Special Cases Office, which would initiate a review of the admission. Confirming an Employment Period as Mexican Citizen Holding Valid TN Visa.
Question:
- If a Mexican citizen holds a valid passport for a period of three years and is otherwise admissible, isn’t a statement or letter confirming an employer would like to employ the alien for three years enough to allow the Mexican citizen to enter the United States for three years?
Answer:
According to the CBP, this is true. If the Mexican citizen has a valid passport and possesses an employment letter that confirms the employment period, the Mexican citizen should be admitted for three years.
Mexican Citizen Who Holds a Valid TN Visa
Question:
- Can a Mexican citizen who has a valid TN be admitted to enter the U.S. with TN status for three years if he or she has an individual passport that will remain valid for the length of the stay?
Answer:
- The CBP states that a Mexican citizen holding a valid TN can be admitted to for up to three years as a TN. However, the applicant must hold a passport that will remain valid for the length of the stay.
Getting a TD Visa for the Wife of A TN Visa Holder
Question:
- I’m a Canadian citizen, and recently, I’ve started to work inside of the United States using a TN visa. I’m going to get married soon, but my future wife isn’t from Canada. She is actually from Bangladesh. Would I be able to apply and obtain a TN visa for her? If yes, how long is the process? After the marriage, can I bring my wife with me? Can wife be sponsored to become a permanent Canadian resident while my visa is on TN status?
Answer:
- She will need to obtain a TD visa, which she can get from the US consulate. In most cases, the application process is somewhat short. It can take one day, or it can take a few weeks, depending on what information the consulate needs from you. Since we don’t practice Canadian law, we’re not sure about the Canadian side of things. However, US immigration laws say there is nothing wrong with you trying to get her Canadian immigration status while on TD or TN.
Canadians with J-2 Visa
Question:
- I’m Canadian, and I have a J2 visa. I’m also an engineer and want to work within the United States to maintain my career. I’m planning on applying for an EAD. If, for some reason, I don’t get approved for the EAD, will I be able to witch from the J2 to the TN and will my kids be able to stay on J2?
Answer:
- You should have no problem switching from J-2 to TN, and the decision that you make doesn’t affect your children because their status is derived from your J-1 spouse.
From J-2 to TN
Question:
- I’m a Canadian citizen, and currently, I’m working with my TN visa. My spouse is working with a J1 visa. I would like to switch to the J2 and obtain EAD. After a few years have passed, he is planning to get a waiver and move over to the H1. Since I’m his dependent, I believe I will be automatically switched to H2, which will cause my EAD to become void. During that time, will I be able to switch back to my TN status?
Answer:
- You should have no problem switching back to the TN, and you won’t automatically be switched to an H-4.
Denial of TN Visa
Question:
- I’m a Canadian national, and I’m also a pharmacy graduate from India. I have an intern Pharmacist License from the Michigan Board of Pharmacy and passed the FPGEE examination. However, I’ve been denied for a TN visa twice, and the denials said I don’t have a Pharmacist License from the Canada or US. An officer has advised me to apply for the H1B visa. The problem is that I’ve read that a license isn’t considered to be a prerequisite for an YN visa, yet my request for a TN visa has been denied.
Answer:
- According to the NAFTA, you don’t need a license, but you must work under a licensed pharmacist. The pharmacist would have a provincial license, licenciatura degree or baccalaureate degree.
Holding Company Stocks With A TN Visa
Question:
- I have a TN visa for more than one year. My company would like to offer me some stock options of 10 to 15 percent. If I’m on a TN visa, am I allowed to hold stocks in the company I work for? Will it create problems for me when I apply to renew my TN visa? Will I be able to apply for GC while on my TN visa?
Answer:
- There should be no issue holding company stock. However, it can be a problem for a PERM-based green card. The processing of a green card under TN can also cause some problems.
Laid Off As TN Holder
Question:
- After submitting his I-130, my husband was laid off recently. He’s a Canadian citizen, and currently, he is on a TN visa. He is also still living inside of the United States, but his TN states that he must go back to Canada if he is no longer employed. The I-130 that he submitted was approved but USCIS wants the I-485 change of status, which means he must state his employment. Since he is no longer employed, do we need to tell USCIS that he is planning to move back to Canada or would it be better for him to apply for an EAD in conjunction with an I-485? What is the ideal approach for this situation?
Answer:
- There is no reason to be alarmed. If you’re not a citizen of the United States, you shouldn’t run into any problems,