TN Visa

Mexican citizen with a valid TN visa

Question details

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

Question details

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.

USCIS Announces New Filing Option For Canadian TN Visa Seekers

  • Canadian TN Nonimmigrants

    On Oct. 1, 2012, USCIS will begin accepting the Form I-129, Petition for Nonimmigrant Worker, filed on behalf of Canadian citizens who are outside the United States and seeking classification as a TN nonimmigrant.

    With respect to the TN classification, USCIS currently only accepts Form I-129 in connection with a request to extend a TN nonimmigrant’s stay or to change a nonimmigrant’s status to TN.

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Canadian with J-2 visa

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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

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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

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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

Question details

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

Question details

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.

Mine was successful... so far

I've been in the US for 13 of the last 14 years and over the years I've obtained 6 different TN's and I've been on an H1b for a total of 8 years. I was voluntarily out of the country for 1 year about 5 years ago, which reset my H1b clock.

The last status I had was a TN and that was after I was married to a USC (we were still deciding what country we'd live in) and finally I filed for my GC. My EAD was approved 2 weeks prior to my TN expiring and now I am just waiting for my GC Interview in 4 weeks.

Nonimmigrant Visas