Visitor Visa to TN Visa

M

Meena2023

New Member
Hi,

I am a Canadian Citizen. I am planning to look for job in US and move to US on TN visa. My question is, is there any problem if i enter US on Visiting Visa, look for a job, convert to TN visa within US once i have the job offer. Is this an acceptable process?
Kindly advise.

Thank you
 
If you want to do Change of Status to TN status inside the US, your company has to file I-129 for you, and you cannot work until it is approved.

Or you can leave the US and re-enter, and seek entry into TN status at entry, and be able to work immediately after entry, without your company needing to file anything.
 
Be aware that using "looking for job" as the reason for entering US will most surely result in a denial. So you need to have an legitimate tourist reason for entering US, and my during that legimate visit, find a job.
 
My sister lives in the US. So, maybe i can say i am visiting her and simultaneously looked for a job.
Thank you for your input.
 
nelsona said:
Be aware that using "looking for job" as the reason for entering US will most surely result in a denial. So you need to have an legitimate tourist reason for entering US, and my during that legimate visit, find a job.
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What if you already have a job offer? Can you enter the US a few months before your start date then have the employer file I-129 and thus avoid any CBP officer?
 
What if you already have a job offer? Can you enter the US a few months before your start date then have the employer file I-129 and thus avoid any CBP officer?
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If you can satisfy CBP that your initial entry is as a tourist, you can then file I-129 the next day if you wish. But, why the worry about CBP?
 
nelsona said:
If you can satisfy CBP that your initial entry is as a tourist, you can then file I-129 the next day if you wish. But, why the worry about CBP?
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Worried about being denied despite having I-129. Read some instances of this happening
 
I never recommend filing I-129 when still living outside US, or even as a first TN like you seem to want to try. Better to just show up with your application at the border and be done. Cheaper, faster, more easy to correct any deficiencies, and approval is final
 
nelsona said:
I never recommend filing I-129 when still living outside US, or even as a first TN like you seem to want to try. Better to just show up with your application at the border and be done. Cheaper, faster, more easy to correct any deficiencies, and approval is final
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My lawyers are advising that we file I-129 to have more control over the argument, as my degree misaligns with the job
 
And if USCIS disagrees, it takes weeks to fix. And CBP may still disagree.

Complete waste of time and money. Lawyers are not needed for TN -- by design.

All the lawyers can do in your case is write a TN letter -- the same letter you would take to the border. The more explanation they put in the letter for I-129 will simply make your case scrutinized more.
 
nelsona said:
And if USCIS disagrees, it takes weeks to fix. And CBP may still disagree.

Complete waste of time and money. Lawyers are not needed for TN -- by design.

All the lawyers can do in your case is write a TN letter -- the same letter you would take to the border. The more explanation they put in the letter for I-129 will simply make your case scrutinized more.
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Well, I dont start for many months, so time isn't an issue.

I've seen many, many people say the following:

- CBP is more likely to deny you than USCIS as CBP officers are not educated in TN
- If you get pre-approved by USCIS, you are much more likely to get through the border than if you applied at the border

Are these things not true? I've seen you say in multiple threads that pre-approval is useless
 
CBP officers at the CDn border are fully educated on TN.

Likelihood of approval is either 0% or 100%. There is no way to say that a poor petition would pass at USCIS. So one can not say that having the I-129 in hand is better than not. The petition is what counts.

One thing for certain however: A border approval won't be overturned by USCIS.
 
nelsona said:
CBP officers at the CDn border are fully educated on TN.

Likelihood of approval is either 0% or 100%. There is no way to say that a poor petition would pass at USCIS. So one can not say that having the I-129 in hand is better than not. The petition is what counts.

One thing for certain however: A border approval won't be overturned by USCIS.
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If likelihood of approval is either 0% or 100%, then why would CBP still question and even overturn a USCIS decision? Wouldn't the USCIS decision put it in the 100%?
 
A good petition is as likely to be approved by CBP as by USCIS. However, the CBP approval is final, fast, and inexpensive -- as was intended.

As I have mentioned in the past, CBP feels they should be doing TNs, not USCIS, for non-residents. That had this sole duty until a few years ago.

So, when you arrive with TN approval notice, they are irked, will always review, as well as scrutinize your being inadmissible on other grounds.

Btw, it is actually lawyers who are uneducated about TNs (not knowing about residency requirements, ability to immigrate, etc) , not CBP officers, since they do so few.

You seem to favour the lawyer/USCIS route. So be it.
 
nelsona said:
A good petition is as likely to be approved by CBP as by USCIS. However, the CBP approval is final, fast, and inexpensive -- as was intended.

As I have mentioned in the past, CBP feels they should be doing TNs, not USCIS, for non-residents. That had this sole duty until a few years ago.

So, when you arrive with TN approval notice, they are irked, will always review, as well as scrutinize your being inadmissible on other grounds.

Btw, it is actually lawyers who are uneducated about TNs (not knowing about residency requirements, ability to immigrate, etc) , not CBP officers, since they do so few.

You seem to favour the lawyer/USCIS route. So be it.
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Well, the company is paying for the lawyers and all related fees. I've also seen you tell many people to get and listen to a lawyer, so now I'm confused lol. It sounds to me like pre-approval is strictly useless if not worse? Seems nonsensical to me.
 
nelsona said:
A good petition is as likely to be approved by CBP as by USCIS. However, the CBP approval is final, fast, and inexpensive -- as was intended.

As I have mentioned in the past, CBP feels they should be doing TNs, not USCIS, for non-residents. That had this sole duty until a few years ago.

So, when you arrive with TN approval notice, they are irked, will always review, as well as scrutinize your being inadmissible on other grounds.

Btw, it is actually lawyers who are uneducated about TNs (not knowing about residency requirements, ability to immigrate, etc) , not CBP officers, since they do so few.

You seem to favour the lawyer/USCIS route. So be it.
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jarmve said:
Well, the company is paying for the lawyers and all related fees. I've also seen you tell many people to get and listen to a lawyer, so now I'm confused lol. It sounds to me like pre-approval is strictly useless if not worse? Seems nonsensical to me.
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In this thread: https://forums.immigration.com/thre...sure-get-tn-at-the-border.341442/post-2503371

I interpreted your statement as: with pre-approval, CBP will review, but the only danger of denial is things unrelated to the case like a criminal record - implying that having pre-approval satisfies the "eligibility" requirement, which would be perfect for me as my job doesn't start for many months, the company is handling the cost, and my degree misaligns.

Similar: https://forums.immigration.com/thre...ility-for-scrutiny-at-poe.331816/post-2435288

they typically don't reverse the USCIS decision. They typically only look at admissibility
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Some statements from other forums like this:
https://www.reddit.com/r/immigration/comments/xqkncx/_/iqamzvg

1676159177246.png

Are these people just wrong?
 
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Don't be confused. You have your opinion, I have mine: I-129 is costly, time-consuming, and unnecessary if outside US. Besides, you are the one bent on avoiding CBP.

I rarely tell someone to consult a lawyer for TN. But If their sponsor wishes to use a lawyer, why stop them?

Worry more about getting a good petition from your lawyewr, than parsing old threads, although each of them said rejection is possible.

Enjoy your vacation. Let us know what the results are.
 
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