Potential TN Visa owner with wife, can she apply for work after arrival?

[r.roy 0]

I'm a Canadian who is currently being interviewed by a large tech company in the US. The recruitment person I talked to explained the basics of a TN visa, and I've done some of my own research today.

I am married and my wife would receive a TD visa. She has an applicable degree (psychology) and pretty good experience. If we were to arrive in the states under the TN + TD visas, could she look for employment? Or would we both have to receive TN visas before entering for us to both be allowed to be employed.

Further, if she found a job that was willing to sponsor her, would we have to return to Canada to apply for the TN visa for her, or could she do it locally?

[nickbits 43]

TD is not valid for work, she would need her own work visa.

Not sure about applying for a TN while in the US.

EDIT: I think the prospective employer can apply by mail by filing I-129, Petition for a Nonimmigrant Worker

For petitioners filing on behalf of an alien to come to the United States temporarily to perform services or labor, or to receive training, as an H-1B, H-1C, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker. Petitioners may also use this form to request an extension of stay in or change of status to E-1, E-2, E-3, H-1B1 or TN, or one of the above classifications for an alien.

Edited June 11, 2013 by nickbits

[Lisa Anderson 0]

I'm a Canadian who is currently being interviewed by a large tech company in the US. The recruitment person I talked to explained the basics of a TN visa, and I've done some of my own research today.

I am married and my wife would receive a TD visa. She has an applicable degree (psychology) and pretty good experience. If we were to arrive in the states under the TN + TD visas, could she look for employment? Or would we both have to receive TN visas before entering for us to both be allowed to be employed.

Further, if she found a job that was willing to sponsor her, would we have to return to Canada to apply for the TN visa for her, or could she do it locally?

Your wife cannot work while in TD status. She can look for employment but she would have to get TN status or go back to Canada and get the TN visa and re-enter in order to begin working. I’m assuming your wife is Canadian? You both are not actually getting the TN visa at the consulate. Your TN(s) will be processed by a Customs and Border Protection officer at the border or port of entry.

Once your wife is in the U.S. on TD, her employer can file an application to change her status to TN in the U.S. so she doesn’t have to go back to Canada. But she may want to just take a quick trip up to the border and return with the TN as it’s faster. TN application processing can take a few months and she can’t work while the application is pending.