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Frequently Asked Questions - TN Visa

Job titles approved for TN classification

Would an engineer with the job title of sales engineer or engineering manager be approved for TN classification if the job duties will require the application of engineering principles in support and promotion of technical products?

U.S. Customs and Border Patrol (CBP) indicates that, due to the fact that Sales Engineer or engineering manager is not among the professions listed in Appendix 1603.D.1, such an individual would not be approved for the TN classification.

Applicant seeking admission as a NAFTA professional

Isn't it true that, in determining whether the offered job comes within a NAFTA covered occupation, ">CBP Officers must evaluate the job duties as described in the employer’s statement supporting the application for admission and that the job title alone does control the determination?

U.S. Customs and Border Patrol (CBP) indicates that, as per section 8 CFR 214.6, an applicant seeking admission as a NAFTA professional shall demonstrate business activity at a professional level in one of the professions set forth in Appendix 1603.D.1 to Annex 1603.Therefore, the profession, or job title, of the applicant that is stated on the employment letter must be one of the professions listed in Appendix 1603.D.1, regardless of the duties described in the employer’s statement.

Procedure to seek supervisory review for a citizen of Mexico

For a ">CBP port of entry, what is the procedure available to seek supervisory review of an officer’s refusal to admit a citizen of Mexico to the U.S. for the period of offered employment up to three years?

U.S. Customs and Border Patrol (CBP) indicates that, in instances in which an officer refuses to admit a TN applicant for the period of employment up to three years, the applicant can ask to speak to the Supervisory CBP Officer who is assigned to the area in which the inspection took place. If this does not occur, an inquiry with the Special Cases Office could be initiated in order to have the admission reviewed.

Mexican citizen with valid TN visa confirming employment period

Assuming that the Mexican citizen holds a passport that is valid for at least three years and that the alien is otherwise admissible, isn't it true that an employer’s letter or statement confirming that the employer intends to employ the alien for a temporary period of up to three years is sufficient to support admission for the requested period of time.

U.S. Customs and Border Patrol (CBP) indicates that this is true. A Mexican citizen TN nonimmigrant applicant for admission whose passport is valid for the requested admission period, and who is in possession of an employment letter confirming the employment period of up to 3 years, should be admitted for a 3-year admission period.

Mexican citizen with a valid TN visa

Isn't it true that a Mexican citizen with a valid TN visa may be admitted to the United States in TN status for up to three years, provided that the individual’s passport will remain valid throughout this period and the individual is otherwise admissible?

U.S. Customs and Border Patrol (CBP) indicates that a Mexican citizen with a valid TN visa, if otherwise admissible, may be admitted as a TN for up to three years, if applicable, provided that the applicant’s passport remains valid during the duration of that period of time.

Applying for TD visa for wife of TN Visa Holder

I am a Canadian citizen and recently started working in USA with a TN visa. I am planning to get married soon but wife is not from Canada, she is from Bangladesh, Can I apply for a TD visa for wife and how long is the process? Is it possible to bring wife with me after marriage? Also, Is it also possible to sponsor wife to become permanent resident of Canada while I am on TN status visa?

She has to get a TD visa through a US consulate (either Bangladesh or Canada is ok). It should be a relatively short process -- from same-day to a few weeks, depending upon what the consulate needs. We do not practice Canadian law, so I do not know what you can do on the Canadian side, but US immigration laws have no problem with you applying for her Canadian immigration while on TN/TD.

Canadian with J-2 visa

I am a Canadian with J2 visa. I am an engineer and want to work in US to keep up with my career. I am going to apply for ">EAD. If I don't get, can I switch from J2 to TN. Can my kids still stay on J2?

You can switch back to TN from J-2. What you do has no effect on the children. They derive their status directly from your J-1 spouse.

J-2 to TN

I am Canadian citizen & currently working on TN visa. My spouse is on J1 visa. I want to switch to J2 and get ">EAD. After couple of years he will apply for waiver and will move to H1. I believe I will be switched to H2 automatically as his dependant and my EAD will be void. Will that be possible at that time that I can switch back to my TN status?

You can switch back to TN. To correct slightly, you do not automatically get switched to an H-4 (not H-2).

TN Visa denied

I am a pharmacy graduate from India and a Canadian national. I passed my FPGEE Examination and hold a Intern Pharmacist License from Michigan Board of Pharmacy. I have been twice denied TN Visa saying I don't have Pharmacist License from US or Canada. I have been advised by the officer to apply for H1B visa. Recently, I read on State Department Website that License is not a prerequisite for YN visa. But my TN visa request was refused.

NAFTA clearly implies that you do not need a license (if you work under a licensed pharmacist).

Pharmacist—baccalaureate degree, licenciatura degree, or state/provincial license.

Holding Company Stocks on TN Visa

I am on TN visa for the more than a year. The company wants to give me some stock option (10-15%). Is that ok to hold stocks of the company you are working for on TN visa, or will it create problem when I apply for renewal of my TN visa. Can I apply for GC on TN visa?

I see no issue with holding stock, but that will be a problem for PERM-based green card. Also, processing green card under TN can be problematic.

TN Holder laid off

My husband was recently laid off after submitting an I-130. He is a Canadian citizen on a TN visa. He is still living in the US, all though his TN requires him to go back to Canada if he is not employed. The I-130 was approved, and now ">USCIS would like the I-485 change of status. This requires him to state his employment. Since he is not employed should we notify USCIS that he is moving back to Canada? Or should he apply for an ">EAD along with the I-485? What is the best approach?

Do not be alarmed. If you are a US citizen, there should be no issues.

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