4 ms·

Definitely aware of this, however the TN visa doesn't have a path to a green card. A common strategy for Canadians is to come in on a TN visa and then repeatedl

Definitely aware of this, however the TN visa doesn't have a path to a green card. A common strategy for Canadians is to come in on a TN visa and then repeatedly apply for an H1-B and hope to win the lottery while you are there. It basically just allows you to start work immediately instead of having to wait for an H1-B.

arkem 10y ago
I know a few people who went TN to green card, and I myself went E-3 (a non-immigrant visa) to green card. It made the process more convoluted and risky but in my mind was way better than playing the H1-B lottery.
winter_blue 10y ago
Actually, green card applications are completely separate from whatever visa (TN or H-1B) you have. The H-1B does not give you a path to the green card. The only benefit of an H-1B over TN is that it is a dual-intent visa, and you are guaranteed to not have "immigrant intent"-related trouble at the border. However, there was a guideline issued by the CBP back in 2008 that stated that a pending employment-based green card application (I-140) would not alone be considered as immigrant intent: https://www.hooyou.com/news/news021709tn.html https://www.hooyou.com/news/news021709tn.html Quoted: "A recently published authoritative letter from the U.S. Customs and Border Protection Agency (CBP) addressing the TN nonimmigrant visa category offers new and definite insight on the CBP’s policy for determining immigrant intent. In the letter, dated April 2008, the Executive Director of Admissibility and Passenger Protection Programs details clearly that filing an immigrant petition (I-140) alone is not automatically considered a demonstration of immigrant intent, and aliens with pending I-140s may still be admitted into US with a TN visa." I don't know if that policy is still in effect, but if it is, then you have nothing to fear, and your employer can apply for your green card. The programmer from Mexico on TN that I knew actually had USCIS approval of his TN status. For TN status, USCIS approval isn't necessary, but it helps avoid problems at the border even further: https://www.tnvisabulletin.com/nafta-tn-blog/2012/4/12/cbp-may-honor-uscis-tn-visa-approval-following-denial-at-bor.html https://www.tnvisabulletin.com/nafta-tn-blog/2012/4/12/cbp-m...

arkem 10y ago

I know a few people who went TN to green card, and I myself went E-3 (a non-immigrant visa) to green card. It made the process more convoluted and risky but in my mind was way better than playing the H1-B lottery.

winter_blue 10y ago

Actually, green card applications are completely separate from whatever visa (TN or H-1B) you have. The H-1B does not give you a path to the green card. The only benefit of an H-1B over TN is that it is a dual-intent visa, and you are guaranteed to not have "immigrant intent"-related trouble at the border. However, there was a guideline issued by the CBP back in 2008 that stated that a pending employment-based green card application (I-140) would not alone be considered as immigrant intent: https://www.hooyou.com/news/news021709tn.html https://www.hooyou.com/news/news021709tn.html Quoted: "A recently published authoritative letter from the U.S. Customs and Border Protection Agency (CBP) addressing the TN nonimmigrant visa category offers new and definite insight on the CBP’s policy for determining immigrant intent. In the letter, dated April 2008, the Executive Director of Admissibility and Passenger Protection Programs details clearly that filing an immigrant petition (I-140) alone is not automatically considered a demonstration of immigrant intent, and aliens with pending I-140s may still be admitted into US with a TN visa." I don't know if that policy is still in effect, but if it is, then you have nothing to fear, and your employer can apply for your green card. The programmer from Mexico on TN that I knew actually had USCIS approval of his TN status. For TN status, USCIS approval isn't necessary, but it helps avoid problems at the border even further: https://www.tnvisabulletin.com/nafta-tn-blog/2012/4/12/cbp-may-honor-uscis-tn-visa-approval-following-denial-at-bor.html https://www.tnvisabulletin.com/nafta-tn-blog/2012/4/12/cbp-m...