Is TN status dual intent?
In fact, the TN visa is not a “dual intent” visa. This means that you can't use it to come and work in the United States while seeking permanent residence and could face penalties for doing so. Unlike Canadian nationals, Mexican nationals cannot immediately apply for TN status at a U.S. port of entry.
Which visas are dual intent?
Common U.S. Nonimmigrant Visa Statuses Allowing Dual Intent These categories are: H-1B temporary workers in a specialty occupation. H-4 dependents (spouses and unmarried children under 21 years old) of H-1B workers. L-1A itntracompany transferees executive or manager.
Can you apply for green card while on TN visa?
Considering that the TN visa is a non-immigrant type of visa classification, it does not automatically lead to you receiving a green card. Therefore, in order to move from TN visa to green card, you will have to go through a status adjustment or apply for an immigrant visa beforehand.
What intent is the TN visa?
TN visa status is a nonimmigrant visa for purposes of temporary employment in the United States. Although TN visa status is temporary, you are not precluded from future intent to immigrate.
Which visas are not dual intent?
Most visas, including B-1/B-2 visas and visa waivers, do not allow dual intent. Intent to remain in the United States permanently at time of entry is not the same as a general desire to remain in the United States permanently, which is technically allowable.
How can I get dual intent visa for USA?
First, the applicant must have an immigrant petition filed on his behalf. Generally, an immigrant petition is filed by a family member (Form I-130) or an employer (Form I-140). Once the petition is approved and an immigrant visa number is immediately available, the immigrant may adjust status.
Can I buy a house on TN visa?
Similarly, a TN visa professional may purchase a home in the U.S. There is no prohibition under U.S. immigration laws for buying a house.
Is TN visa better than H1B?
Differences Between TN Visa and H1B Visa H1B visas are much more difficult to obtain but allow for dual intent, while TN visas do not. Also, eligibility for a TN visa is restricted to a list of approved occupations, whereas the H1B only requires that the occupation involves Bachelor degree-level skills or knowledge.
Can I switch jobs with TN visa?
Can I change employers with a TN? Yes, but your new employer must get the TN approved by the USCIS before you begin your employment.
Is it difficult to get TN visa?
When compared to the process of obtaining other work visas, such as an H-1B Visa or an L-1 Visa, it is rather easy to get a TN Visa. In fact, in many cases you can obtain a TN Visa the same day at a qualifying port of entry.
Can you work for multiple employers on TN?
Yes, individuals may obtain TN visa status to work for more than one employer at the same time. As the initially issued TN status is employer specific, a second TN application would have to be filed for this new employer. Canadian citizens can file for concurrent TN employment authorization at the border.
Can I apply for TN visa without job offer?
You must have a job offer from a U.S. employer before applying for TN status. You cannot apply on your own without such an offer of employment. The TN visa was originally created under the North American Free Trade Agreement (NAFTA) between Canada, U.S. and Mexico.
Is H1B visa dual intent?
Even though the H-1B visa is a non-immigrant visa, it is one of the few visa categories recognized as dual intent, meaning an H-1B holder can have legal immigration intent to apply for and obtain the U.S. Green Card, while still being a holder of the H-1B visa.
Is e1 Visa dual intent?
E-1 Visa to Green Card The E-1 is fortunately considered a “dual intent” visa, which means that holders are able to pursue immigrant status.
Is L1 visa dual intent?
While the L1 visa is classed as a nonimmigrant visa given it provides only time-limited permission to work in the US , it is however exempt from the requirement to show intention to leave. It is known as a 'dual intent' visa.
Is an O-1 a dual intent visa?
The O-1 visa allows individuals to live and work in the United States for a temporary period of three years, and is renewable indefinitely. Similar to the H-1B and L-1 visas, it is recognized as a “dual-intent” visa, which means that it allows you to concurrently seek to become a green card holder.
Is Your Ultimate Desire to Get a U.S. Green Card?
If the foreign national intends to live in the U.S. for only a temporary time, as opposed to permanently, then they fit one of the key qualifications for a temporary visa. In legal terms, their intent would be classified as "nonimmigrant intent."
What is Martindale Nolo?
Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.
What does it mean to file a green card?
Filing a green card application with U.S. Citizenship and Immigration Services (USCIS) obviously indicates immigrant intent. Even if that application is approvable, the applicant must worry about maintaining legal status in the United States. So, to continue our example, a TN visa holder who files an I-485 Application to Register Permanent Residence or Adjust Status might not be able to successfully renew his TN status or apply for another single intent nonimmigrant visa after USCIS realizes he's acting like a would-be immigrant.
Can a USCIS officer deny a TN green card?
visa for only a short time. A USCIS officer who believes the applicant actually held immigrant intent at the time of applying for the TN visa could deny the green card.
What is an O-1 alien?
O-1 aliens with extraordinary ability in sciences, arts, education, business or athletics
Can a nonimmigrant visa have dual intent?
But a few types of nonimmigrant visas allow for dual intent. It's a not entirely logical concept, which allows foreign nationals in the U.S. to have two things in mind at once: nonimmigrant intent ("I'm going to leave the U.S. when my visa term is up") and immigrant intent ("While I'm in the U.S., I'd also like to try to qualify for lawful permanent residence").
Can a single visa holder get a green card?
This is not to say that single intent visa holders can never obtain a U.S. green card. They will, however, have to tread carefully, and will have various timing considerations to take into account.
What is the INA classification for TN?
The Immigration and Naturalization Act (INA) provides that the NAFTA TN visa classification is treated as one of the regular nonimmigrant (temporary) classifications listed under INA § 101 (a) (15). See INA § 214 (e) (2).
What is INA 214 B?
Under INA § 214 (b) the law presumes that individuals seeking admission as a nonimmigrant are intending immigrants. That is, they are presumed to be entering the U.S. for the purpose of remaining in the country permanently. To avoid this presumption, individuals must prove they are bona fide nonimmigrants, and meet the temporary entry requirements ...
Which nonimmigrant visas are subject to the residence abroad requirement?
9 FAM 41.11 N2.1. The TN visa classification is not subject to a foreign residence requirement.
What is temporary entry?
A temporary entry is defined as “entry without the intent to establish permanent residence.” 8 CFR § 214.6 (b).
What should an application indicate?
An application should indicate that the applicant’s work assignment will end at a predictable time and that the individual will depart upon completion of the assignment. Id.
Is a TN a nonimmigrant visa?
As result, the NAFTA TN classification is subject to the same restrictions as other nonimmigrant visas. This means that an applicant for a TN is subject to the immigrant intent presumption found under INA § 214 (b).
Can a nonimmigrant be denied a TN?
If an applicant for a TN is unable to prove that he/she is a bona fide nonimmigrant, then U.S. immigration officials may deny the application under INA § 212 (a ) (7) (A) as an immigrant without a valid immigrant visa.
What is the priority date for green card?
If you are not familiar with priority dates, here is a quick explanation. When you file your green card petition, the date that the USCIS receives it will be marked as your priority date. This date is yours and does not change. The priority date must be compared to another date called the “final action date”. You will find this posted in the monthly visa bulletin released by the Department of State. Final action dates usually change every month and are assigned based on the type of green card and the beneficiary’s country of origin.
What is a TN visa?
The TN visa is a nonimmigrant work visa designed specifically for the citizens of Mexico and Canada to work temporarily in the U.S. provided that they have a certain occupation. These two countries are joined with the U.S. by the North American Free Trade Agreement (or NAFTA) and the workers that come and go through TN status are referred to as NAFTA professionals. Here are the main requirements for a TN visa: 1 You must be a citizen of either Mexico or Canada—lawful permanent residents of these countries are not eligible. 2 You are not self-employed 3 You must have a part-time or full-time position with a U.S. employer for one of the following positions that require NAFTA professionals:#N#Accountant#N#Plant Breeder#N#Poultry Scientist#N#Soil Scientist#N#Zoologist#N#Landscape Architect#N#Forester#N#Graphic Designer#N#Chemist#N#Dairy Scientist#N#Entomologist#N#Epidemiologist#N#Geneticist#N#Hotel Manager#N#Industrial Designer#N#Interior Designer#N#Land Surveyor#N#Lawyer#N#Management Consultant#N#Mathematician#N#Librarian#N#Urban Planner#N#Vocational Counselor#N#Dentist#N#Dietitian#N#Medical Laboratory Technologist#N#Range Manager#N#Research Assistant#N#Scientific Technician#N#Social Worker#N#Technical Publications Writer#N#Pharmacist#N#Physician#N#Physiotherapist#N#Psychologist#N#Recreational Therapist#N#Registered Nurse#N#Seminary Professor#N#University Professor#N#Veterinarian#N#Architect#N#Computer Systems Analyst#N#Economist#N#Engineer#N#Agriculturist#N#Animal Breeder/Scientist#N#Agriculturist#N#Astronomer#N#Biochemist#N#Biologist#N#Geochemist#N#Geologist#N#Geophysicist#N#Horticulturist#N#Meteorologist#N#Pharmacologist#N#Physicist#N#Nutritionist#N#Occupational Therapist#N#College Professor
How much does a TN visa cost?
As far as cost is concerned, you are only responsible for the I-129 processing fee of $460, an application fee of $50, and an I-94 arrival/departure card fee of $6, totaling at $516, far less than the average nonimmigrant visa.
What is the most popular nonimmigrant work visa?
The H-1B is the most popular nonimmigrant work visa available due to its many benefits and its inclusivity. As long as you have a bachelor’s degree and a U.S. job that requires that degree, then you are eligible to receive this six-year visa.
How does Immi USA help?
Here at Immi-USA, we specialize in helping workers get their green cards through either marriage or employment. Our team of green card attorneys has helped countless others start their life in the U.S. as permanent residents. By taking care of all of the forms, fees, and unexpected legal road bumps, we can help you have a stress free immigration journey.
How long does it take to get a green card after marriage?
You will need to wait until the I-130 has been approved (4-6 months ) Then you can travel to the U.S. consulate or embassy in your home country (Montreal for Canada and Juarez for Mexico) for an interview with a consular officer to determine the validity of your marriage. If approved, you will receive your green card.
How long do you have to be an employee to get an L-1 visa?
You need to have been an employee in the overseas branch for at least one year in the three years preceding your L-1 petition. Here is an example where it would work if you had a TN visa:
What is TN Visa?
The TN Visa is a U.S non-immigrant visa, so those who get it have to return to their home countries upon its expiration. It allows only citizens of Canada and Mexico, not permanent residents to work in the U.S if they find a job beforehand. The agreement specifies the types of TN visa jobs and occupations that visa holders are allowed to engage in. There are around 63 occupations for which Canadians and Mexicans qualify to work on. These include lawyers, scientists, engineers, teachers, etc. To check whether you qualify in any of the professions, visit the NAFTA website.
What are the requirements for a TN visa?
The general requirements for people to qualify for the TN visa are: Applicants must be citizens of Canada or Mexico. Their occupation must be on the NAFTA list. They must have a full time or part time job offer from an employer in the U.S.
How much does it cost to get a visa in Mexico?
Pay the visa application fee of $160 (for Mexican citizens only) and any other applicable fees
What is a post secondary certificate?
Post Secondary Certificate means a document issued after the completion of two or more years of postsecondary education at an academic institution. The document has to be issued the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or an academic institution created by federal or state law.
How many types of TN visas are there?
There are two types of TN visa based on nationality:
How long is a TN visa valid?
After you get the TN visa, it is first valid for 3 years Afterwards, there is a possibility to extend it for an additional 3 years indefinitely. This means, that as long as you are employed in the U.S and can prove ties to your home country in either Canada or Mexico, you are allowed to remain in the U.S on a TN visa.
What is the North American Free Trade Agreement?
To create better relationships between countries in America, the U.S in cooperation with Canada and Mexico created the North American Free Trade Agreement (NAFTA). This agreement, besides its economic and trade benefits, also has travelling and working advantages on a NAFTA visa.
What is SGM law group?
Here at SGM Law Group, we have extensive experience helping people like yourself fulfill their dreams in the U.S. through the TN visa. The immigration road is filled with regulations and forms. By letting our immigration attorneys handle your case, you can rest easy knowing that your case is in the best hands. Form filing the initial petition to dealing with RFEs, fees, and extensions, you can focus on your plans in the U.S. instead of the immigration process.
How long does it take to get an I-129H1?
Generally, you can expect it to take about six months to process your I-129H1.
How many professions qualify for a TN visa?
Here is a list of the 60 professions that qualify you for a TN visa:
What is TN visa?
The TN Visa was created by the North American Free Trade Agreement (NAFTA) in order to facilitate temporary employment in the United States for approved Canadian and Mexican citizens. The purpose was to strengthen business and trade relations between the United States, Canada, and Mexico.
How to renew TN visa?
The process of renewing or extending your TN status can be carried out by filing Form I-129H1 along with proof of the TN status holder’s education/citizenship and a letter addressing the need for the extension. At the point in which the job or TN status officially expires, individuals are required to leave the country. Unlike the H-1B grace period, TN visas do not have this leeway period.
What is a letter from a prospective employer?
Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications.
Can a spouse work in the US with a TD visa?
The TN visa holder’s spouse and/or children under the age of 21 may be eligible for TD nonimmigrant status. This status allows dependents to enter the U.S. with the TN visa holder and be granted the same period of stay. There are some restrictions to the TD nonimmigrant status for dependents. Spouses and children are not permitted to work while in the United States, but they are permitted to study.
