Option of E-2 or TN visa

[trev07 0]

Hoping that I can get some more feedback on this topic.

 

I am transferring from the Canadian Studio to the New York studio for work. 
Further discussing with the lawyer and work, I can choose from E-2 or the TN.
In the long term, I would like to stay permanently.
From the research I gathered, the E-2 visa seems to offer a bit more possibilities to obtain the GC route (I do understand it will not be a direct green card route, there will be more paper work and a sponsored required) but TN seems to offer less possibilities. TN will be instant and no interview is needed since it is POE stamp and E-2 will have a 6 month wait time for the interview.

 

I think I will opt for the E-2 visa in the end. If there will be a long wait for the interview, can I be working a few months in the us on a B1 visa? (visitor business) and return to Canada for the interview.
Work is quite flexible because of the virus, and remote working is making things a bit easier. 

I would like to hear others experiences and opinions, and which would you opt for?

Edited April 25, 2021 by trev07

[jan22 3,056]

First, no -- you absolutely cannot work in the US on a B1entry, no matter how long you have to wait.

 

Second, if the E-2 you are referencing is the non-immigrant treaty investor visa, it does not provide a pathway to permanent residency, nor does the TN.  Both visas requires that you plan to leave the US at the end of your approved stay in either E-2 or TN status.  For the E-2, for example, both USCIS and the State Department information states that, "All E-2 non-immigrants...must maintain an intention to depart the United States when their status expires or is terminated."

[trev07 0]

19 minutes ago, jan22 said:

First, no -- you absolutely cannot work in the US on a B1entry, no matter how long you have to wait.

 

Second, if the E-2 you are referencing is the non-immigrant treaty investor visa, it does not provide a pathway to permanent residency, nor does the TN.  Both visas requires that you plan to leave the US at the end of your approved stay in either E-2 or TN status.  For the E-2, for example, both USCIS and the State Department information states that, "All E-2 non-immigrants...must maintain an intention to depart the United States when their status expires or is terminated."

Hello jan22,

 

thank you for this. Can I not be working while entering on the B1 business visitor stamp while I wait for the interview?

 

I am aware of the intent to leave at the end of the stay. But seems like E-2 can provide a better path to PR while it might not be direct.

 

I will touch base with the lawyer.

 

seems like I’m this case you would opt for the TN?

Edited April 25, 2021 by trev07

[aaron2020 11,651]

1 hour ago, trev07 said:

Hello jan22,

 

thank you for this. Can I not be working while entering on the B1 business visitor stamp while I wait for the interview?

 

I am aware of the intent to leave at the end of the stay. But seems like E-2 can provide a better path to PR while it might not be direct.

 

I will touch base with the lawyer.

 

seems like I’m this case you would opt for the TN?

You can not work on a B1 while waiting.  B1 is not authorized for work.  You have to wait for your E-2 or TN to legally work.

[Boiler 45,519]

B1 allows you to undertake limited business activities, meeting clients for example, not work.

 

Not sure why you think E2 would be better, so your Employer has a Company in the Us that is set up using an E2 and you would be an E2 Employee? Normally they do not take anything like 6 months, with Covid not sure what the processing times are.

 

If time is not an issue they can sponsor you for a GC no need to go through a work visa as well.

[jan22 3,056]

17 hours ago, trev07 said:

Hello jan22,

 

thank you for this. Can I not be working while entering on the B1 business visitor stamp while I wait for the interview?

 

I am aware of the intent to leave at the end of the stay. But seems like E-2 can provide a better path to PR while it might not be direct.

 

I will touch base with the lawyer.

 

seems like I’m this case you would opt for the TN?

As I, and others, have already said -- a B1 visa is not for working in the US.  If it allowed you to do your work, why would you need any other kind of visa?  The B1 visitor for business is for things like conferences, negotiations, consultations, etc -- in other words, not for doing your day-to-day work.

 

Not knowing what your position is, I can't say whether I think the E2 or TN would be a better fit.  In general terms ---- The TN has restrictions on what positions qualify, usually requiring at least a Bachelor's degree.  The E2 employee visa (I am assuming you are not the owner of the business), requires either an executive/supervisory level position or specialized knowledge that is not generally availiable in the US.  So, one may be easier to get approved based on your job description/category.  

 

If it's an issue for you, the spouse of an E2 can apply for work authorization in the US; the spouse of a TN cannot -- he/she would need to qualify for and receive a change of status to another work visa category.

Edited April 25, 2021 by jan22