non-immigrant status
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A Few Problematic TN Visa Situations: Renewal, Status, Sponsorship

First problematic scenario: pending immigration or green card

The fact is that the people assume that TN status is a non-immigrant status is one thing to be mindful of. Therefore, entrance or TN status renewal/extension might be refused to anyone or someone beneficiary of immigration petition.

Additionally, an applicant may be put in accelerated removal procedures if their application is rejected at border on the grounds that they intend to immigrate. A person expelled by this procedure will not be allowed to reenter for 5 years.

Second Problematic Scenario: Consultants in management or other strictly regulated TN occupations

Employers and applicants alike need to be aware that some of the TN listed occupations are subject to far more scrutiny than others. For instance, it has long been believed that Management Consultant position is the most closely examined TN job. This is due to the perception that there has previously been abuse of this group.

To ease the government’s concerns, much consideration should be given to the applicant’s daily duties and the details and specs of expertise that qualify their expertise and other things for assignment of the US.

TN Visa: Employer Change

There are 2 choices in the event of a workplace change:

  1. New employer can submit an application to USCIS (form I-129) together with the necessary paperwork OR
  2. TN professional could depart the country in order to apply for a new TN status period.

It’s critical for TN professionals to comprehend that their employment options are limited to the company that first approved TN application for them. A TN professional has 60 days to stay in the US after quitting their employment or resigning, unless their I-94 expires before. The premium processing fee is often paid by applicant or employer when obtaining a new job in order for the employment to start.

Renewal of TN Visa

There are several choices available to those who want to renew their TN visa:

  • They can apply for an extension through USCIS, but in order to use this particular option, employer or applicant has to be in the country at the filing instant. You have up to 6 months or half a year before the TN status expires to file this request. The applicant will be granted an extra 240 work days permission whereas application document is ongoing by filing this extension.
  • TN professionals also have the option to exit the country and reapply at a port of entry (for Canadians) or a consulate (for Mexicans).

The applicant’s requirement to travel will frequently influence the option to TN renewal procedure. Re-entry into the US by a TN professional is prohibited once their authorized stay has ended. Therefore, rather than staying in the US while their application is pending, those who must travel near the end of I-94 date of expiration may choose to quit from the US and go for applying abroad.

Transforming a TN Visa into a Green Card

Employer-sponsored green card conversion from TN visa

An employer may choose to support a professional with a TN visa application for permanent residence. But there are other scheduling considerations and tactics to take into account.

The problem of immigration intent is linked to the scheduling difficulties. The filing of an employment-based petition for green card by a Tennessee professional notifies the government of the that employer intends to stay in the country permanently. However, subsequent TN visa Canada and Mexico renewal become difficult to attempt again — if possible since TN visa may demands for intent for non-immigrant.

Trying to get the status of the employee changed to H1b but this is before they apply for a green card is one way to handle this situation. The H1b visa allows for dual intent, which allows an individual to plan to stay in the US permanently while also maintaining a visa as non-immigrant.

If a change to H1b is approved, the employee’s employer may continue to extend the H1b (beyond the normal six-year authorized period) if the worker is the recipient of an I-140 immigration petition for foreign workers.

Green Card to TN Visa Through Family Sponsorship

The second well-liked path from TN visa to the status of green card is family sponsorship. It’s critical to understand the 90-day rule for anyone thinking about taking this route or applying for a green card sponsored by their business.

An individual cannot intend to stay in the US permanently when they enter the country in nonimmigrant status. The 90-day rule basically states that if a someone behaves in a way that is unpredictable with nonimmigrant status within ninety days of entering the country, there is a presumption that they want to stay there permanently. These erratic behaviors can involve relocating or getting married, for example, or submitting an application for status adjustment.

It is crucial for anyone entering the US with the status of nonimmigrant to avoid doing any behaviors that can be seen as a sign of preexisting immigrant intent.

Final Words

With any luck, this post has provided you with a useful summary of TN visa.

While dealing with a skilled immigration lawyer can help you avoid certain possible difficulties, the TN is a terrific choice for qualified people to work professional within the US.

The TN visa’s complexity might be intimidating, especially given that it is a non-immigrant visa and that it only applies to certain occupations. To guarantee a seamless experience, remember these important points:

  • Intention matters: Keep in mind the intentions of immigrants, particularly when handling renewals or hopes for a green card.
  • Scrutinized professions: Applications for positions like management consultants may need to pass more stringent requirements. Give a clear explanation of your duties and credentials.
  • Employer change: You have options – filing a new petition or leaving and reapplying. Consider your travel needs and urgency.
  • Renewal options: Choose between applying overseas or through USCIS, according on your travel requirements and the date of expiration.
  • Green card pathways: Employer sponsorship involves timing strategies and potentially switching to H-1B. Family sponsorship requires mindful adherence to the 90-day rule.

You may increase your chances of completing the TN visa application process and reaching your career objectives in the US by anticipating these possible obstacles and getting advice from experienced immigration specialists.

Recall that this is only the beginning. Speak with an experienced immigration lawyer for thorough and individualized guidance. They can evaluate your unique circumstances and help you navigate the complexities of the TN visa application procedure.

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