TN visa

[mitral 0]

hi there, 

 i am in US currently as a TN dependent. if i want to apply for TN after applying for work here and once its accepted, can i apply for TN by myself? I have gone through TN professional list. Does Employer need to provide any letter other than a job letter? Do I apply for I 129? how does it work. i would like to put least burden on employer. Any leads on this topic?

thanks in advance!

[Ontarkie 14,320]

~~Moved to Work Visas, from the Canada Forum~~

[Sinead91 249]

The employer must be the one to file the i129 for you, you cannot. 

Petitioner = employer

Beneficiary = employee.

 

If you remain in the U.S. and begin with a new position, the new employer needs to file the i129 on your behalf and pay the filing fee. You will likely be expected to cover the premium processing also as you need an approval notice to start this.

 

The other option is the leave the U.S. and re-enter with the new letter from your new employer. 

[mitral 0]

thanks Sinead 91, so how long is the process in both options?

The first option is favorable if takes less time if i get accepted here

The second option, does the employer need to file I-129? or is it just job letter i need to show at border when I am entering from Canada? 

TIA

[Sinead91 249]

1 hour ago, mitral said:

thanks Sinead 91, so how long is the process in both options?

The first option is favorable if takes less time if i get accepted here

The second option, does the employer need to file I-129? or is it just job letter i need to show at border when I am entering from Canada? 

TIA

First option:
Time:

It depends from employer to employer. I mostly file H-1Bs and for our TNs, they leave the U.S. and come back and border process as it's usually cheaper for them. We allow 4 weeks for everything to put together TN I129 documentation, plus an additional 15 days for the premium processing. So that's a total of 6 weeks (that's what we calculate where I work, because we balance J-1s, H1Bs, TNs and other visas)

Without premium processing ($2,500), you case can take 2 months. (that's what USCIS says right now). So there are a few things you have to consider, and also, your employer has to consider.

 

Second option:

No. An i129 is not required to border process. They can if they want, but we do not practice this. We complete a letter, detailing and outlining the work that will be completed.

See below from USCIS.
 

If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate. 

You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer:

• Proof of Canadian citizenship;
• Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications; and
• Credentials evaluation (if applicable), together with any applicable fees.