Grzeca Law Group s.c. - Immigration Lawyer
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Corporate Immigration:FAQs:TN FAQs

TN FAQs

Q: My employer is looking at promoting me to a higher-level position. How does this affect my current TN classification?

A: Depending on the changes to the job duties, it may be necessary to request an amendment of the TN classification with U.S. Citizenship and Immigration Services (CIS) or obtain a new TN classification with U.S. Customs and Border Protection (CBP) or a U.S. Consulate or Embassy. It would be best to contact Grzeca Law Group to determine the appropriate strategy to proceed.

Q: I received a job offer from another company for a similar position. How do I change employers under the TN classification?

A: Employers must file a Petition to amend a prospective employees TN classification with CIS before the employee begins the new position. Alternatively, Canadian citizens may depart the U.S. and present a Petition for a new TN classification with the new employer to U.S. Customs and Border Protection when reentering the U.S. Similarly, Mexican citizens may apply for a new TN visa at a U.S. Embassy or Consulate abroad.

Q: My TN will expire in two months. How do I extend my classification? Do I need to go back to Canada or Mexico?

A: Foreign nationals are not required to depart the U.S. to renew their TN classification. The TN classification may be renewed by filing a formal Petition with U.S. Citizenship and Immigration Services (CIS) while remaining in the U.S. However, there is an option to renew a TN classification with U.S. Customs and Border Protection or at a U.S. Embassy or Consulate in Mexico and avoid sometimes rather lengthy processing times at the CIS. Please keep in mind, even if the TN classification is extended by the CIS, Mexican citizens would still need to obtain a new visa at a U.S. Embassy or Consulate before returning to the U.S. from travel abroad.

Q: How long can I extend my TN classification?

A: A TN classification is currently issued in increments of three years, with no limit to the number of renewals, so long as the eligibility requirements continue to be met.

Q: Can I apply for U.S. Permanent Residence?

A: While TN classification does not preclude one from applying for U.S. permanent residence, U.S. immigration law does not recognize dual intent (intent to remain in the U.S. permanently and intent to return to a different country upon the completion of a stay in the U.S.) for TN classification holders. In short, the CIS has discretion to deny a permanent residence application based on the existence of dual intent. In addition, one may be refused any subsequent extension of TN classification, if it is determined that they possess immigrant intent.

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