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Infra company transfer is eligible for TN Visa ?

Discussion in 'TN Status' started by V!neeth, Jun 15, 2018.

  1. V!neeth

    V!neeth New Member

    Hi
    I would require quick help in understanding one point as i am going to POE for applying TN.

    My current company is Multinational company which has having presence in US and i am a local recruit here in Canada. My company has assigned me a project at client location in US. I have the necessary experience and educational backgrounds which meets the NAFTA TN requirements. The question here is whether i am eligible to apply TN as intra company transfer ? or TN is meant only for New Employment ? Please guide .
     
  2. nelsona

    nelsona Registered Users (C)

    You may not need either TN nor L1, if you are simply going to work temporarily in US. Who will be paying you? If it is the Cdn arm of the company, and you will remain living in Canada, you can enter on B2.

    If you are going to now going to be paid (or were always paid) by the US arm of the firm, then you must get either TN or L1. L1 has some advantages that you should look into. Its not a matter of new or old hire for the US firm, it is a matter of them now requiring to sponsor you.
     
  3. V!neeth

    V!neeth New Member

    I will be moving to US Account of the company, so the pay will be from US location and i will be working for their client. My company said i am not eligible for L1 / L1B as i am not meeting the requirements. So in this case Intra company transfer is possible with TN ?
     
  4. V!neeth

    V!neeth New Member

    My assignment is for 3 years at client location and i don't think B2 visa is eligible for me.
     
  5. nelsona

    nelsona Registered Users (C)

    I said B2 was if you remained living in Canada.
    I already answered that it was TN eligible.
    What was their reason for saying you were not eligible for L1? As long as you’ve worked for 1 year you should be fine.
     
  6. V!neeth

    V!neeth New Member

    Its an internal policy that employee should work same company outside US for 3 years. As i am not in Manager/Executive role , i think i am not eligible for L1-B. Is L1-B also need min 1 year experience ?
     
  7. nelsona

    nelsona Registered Users (C)

    For any L1 the requirement is one year. Your firm just doesn’t want to give you one. It is rare that your job would not qualify for L1, given you say it’s qualified for TN.
    If you are married, I would be insisting on L1, since this would allow spouse to work.
     

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