TN Visa during COVID19

Orange&Apple

New Member
Guys, I have a few questions and hopefully get some answers here:

1. What's the difference between Employer filing a I-129 petition on my behalf and providing me the employment letter going to the POE directly? How long does I-129 take, USCIS seems open for new application, right?
2. According to others, Rainbow bridge POE seems to be open, but I called Alexandria Bay POE and they said they are not issuing TN, so it varies by POE?
3. The timing of getting TN, quitting current job, starting new job seems tricky to me. I was planning to get TN first through POE, come back to Canada, search for new places in U.S. to live, quit job, and start the job, maybe 2-3 months in total from when I receive the TN visa, which seems very unreasonable assumption based on what I've seen here in the forum. Comments?
4. What exactly do you bring for TD for the spouse to POE?

Sorry for asking so many questions. Much appreciated for everyone's comments in advance.
 
1. Should be no difference. If you meet the TN requirements, you meet the requirements.
I-129 by mail is approx 2-4 months (or longer), if you decide on premium processing it takes 2 weeks for extra fee. USCIS is open. At POE it takes 20-30 min or more.
2. All POE should be open to accept new TN (but due to COVID, maybe some are not?, as you done, call them in advance)
3. Unreasonable in my opinion. Most employers want you to start right away. Why do you need so long?
4. Canadian Passport, original marriage certificate. I don't think it is required, but drivers licence showing living at same address.

These are basic questions, please read up more. Many law firms have details on their website, including the law firm hosting this forum.
https://immigration.com/visa/tn-visa/tn-visa
 
Thanks a lot, Amerleaf. Appreciate your time and comments.
In regards to questions 3. I would think at least 1 month or 2 is expected from the day TN is issued(planning to go to POE and return right after). Because I would need to inform current employer, at least two weeks. terminate leasing agreement, 1 month+, finding a place to rent in US takes 1 month, hiring a moving company may also be tricky at this time around. I know a lot of things can happen simultaneously but i think 2 month is reasonable, but many could disagree with me...
 
Okay, so you want to minimize the financial loss due to moving. Understood, but we can debate if this is reasonable.
Ask your future employer for a relocation package as part of the job offer.
A good employer should offer relocation assistance as part of the job offer. Usually a flat amount (say US$10k) and you do everything yourself or they will offer to pay for your moving expenses and other related costs (as my employer did). Do some research, speak to some headhunters to see what is reasonable for your industry and your role. If an employer really wants to hire you they should offer relocation assistance.
 
Thanks again Amberleaf. I guess at this point, moving cost and etc.. is less important.
In my case, I was told by recruiter that the company seems to want to hire me but their immigration lawyer said TN is more difficult to get approved at this time, so it may take a while. I know there's little I could help with the process since it's not appropriate for me to contact the employer or the immigration lawyer whom I'm not sure about this TN knowledge. All I can do other than waiting is to educate and prepare myself(and verify if TN is rather difficult this time around) since I don't even have an offer yet, only some promising words from the recruiter.
 
There is difference between taking time to process TN (it could be done tomorrow), and getting TN and not proceeding to work. When you apply they can really 'insist' that you be 'on your way' to work on that very entry.
 
I guess they could, but that has to be based on the fact that they can not deny your application based on unreasonable cause(I know it's hard to measure and define this). Otherwise, how on earth people quitting their jobs, terminating their leases, and end up with a denial at the border?
 
That is the nature of TN status (part of NAFTA). H1B or L1 or O1 or other visas all have their pros and cons. The big con for TN status is the need to join the company right away.

Okay, so you are dealing with a Recruiter and don't have a job offer yet. Good News. You have time to learn as much as possible about TN. If and when you have a job offer you can negotiate a relocation package (example, I will not cancel my existing lease until I have TN status, so I want the company to help with the early lease termination costs, etc). Talk to other recruiters if possible to know what is common in your industry and role.
Once you have a job offer you should be able to talk directly to the immigration law firm and ask questions. Prepare yourself now.
Keep us posted how it goes......
 
Will do. I do know that the company supports relocation, but nothing in details, it might be up to negotiation or a fixed amount. I'm probably jumping ahead of the gun cuz I don't even have an offer yet. From all the posts I've read here, it does seem like the lawyer contributes a lot to the offer in terms of the starting date, position description, and etc.. to meet the TN requirement, which is why they haven't provided an offer yet if I understand everything correctly. Definitely an interesting time...
 
To minimize cost you can sublet your canadian residence, or let your family stay behind while you settle in US in the first few months.

USCIS is at risk of furlough soon, if that happens it may throw whatever recent data on I-129 timeline off, unless opt for premium processing.

Also if you read enough threads, ask your laywers not to include start date in TN letter.
 
DHS does not care about your personal life when it comes to approving/denying your TN, or making you leave when your status is up. TN at POE is to be granted for immediate use, not some date in future. They can and will ask you, regardless of what it says on the letter: "Are you going to work now".
Everyone getting a TN, or even a new job, faces the same problems, so your are not unique. If it is too much trouble, then don't take the job, or ask for sufficient compensation to ease your discomfort.
 
Thank you both for your advise. Then technically how does one avoid resigning(giving two weeks notice) before getting a TN?
I assume in the offer letter, the company will clearly state that starting date is 3 weeks or 1 month from the TN approval date?
 
Your offer letter is private and not related. You can ask your company to put clause of tentative employment start pending TN approval if that makes you feel better.

Technically, your two week notice is just courtesy unless you're binded with legal contracts, and your new company should take priority by all means, otherwise why even bother. You can figure out something with the new company if it's really that important. Go to new office and get your keycard, equipment, attend training/orientation...etc the first few day in US then return to Canada for a week or something to gather your belongings while wrapping up your old job.
 
The best way to proceed is arrange for a telecon to your firm after getting TN, from a location just inside the US border. Then, when they ask, you say "yes, I am going to work". You then give your old firm notice (if you wish, it is noit a requirement, as jixca just said).

A border TN letter doen't allow for distinguishing TN award date and work start date. That is why it is pointless to have a start date on a TN letter.
 
HelloOrange and Apple

what you end up doing? in the same boat as you of tn status vs 2 weeks notice during Covid and border don't allow coming back. My notice period is not legal and courtesy but burning a bridge shows up in future reference checks.
 
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