Job titles vary from employer to employer and are not always indicative of the duties performed. Job titles often come from an employer’s internal job classification system. Some job titles can complicate the visa process, while others tie in nicely. When it comes to TN visa status, the job title is a factor that should be carefully assessed before making a TN visa application. We discuss the importance of a job title for TN visa application purposes here.
Many positions can be done remotely allowing for “telework.” This is most common in the IT industry but has become more commonplace in other professions. When it comes to TN visa status, “telework” is possible under certain circumstances. Read more about teleworking while on a TN visa here.
Entry into many professions can begin with fellowships and internships. Under the USMCA (NAFTA), TN visa status is available to both interns and fellows that will be working in the United States at a professional level under a TN visa profession. We discuss working in the United States under TN visa status on a fellowship or internship here.
E2 Visa status is investors coming to the United States to develop or direct the operations of a business enterprise in which they have invested a substantial amount of capital. One of the main considerations when determining qualifications for the E2 visa is an investment. We discuss what is considered an “investment” for the E2 Investor visa.
Professionals in medical and allied professions not listed under the USCMA, often look at closely related professions to try and obtain TN visa status. Medical Sonographers and Cardiovascular Technologists and Technicians often look to the TN profession of Medical Lab Technicians and Technologists for TN visa status. We review the TN profession of Medical Lab Technicians and Technologists, the requirements, and who qualifies here.
E Visa status is available to nationals of countries that maintain treaties with the United States for commerce and navigation. The E2 Visa is specifically for those coming to the United States to develop or direct the operations of a business enterprise in which they have invested a substantial amount of capital. One of the main considerations when determining qualifications for the E2 visa is whether the investment is considered “substantial.” In order to determine the substantiality of an investment, a proportionality test is used. We discuss what is considered “substantial” and the “proportionality test” here.
There are two ways to obtain an E2 Visa as a Treaty Trader, at a US Consulate or Embassy, or by mail with USCIS through a change of status. We recently received approval for an E2 visa for the owner of a gas station who changed status from a visitor visa to an E2 visa while remaining inside the United States. Read more about this case here.
Your TN Visa status has been approved, Congratulations! You are now authorized to legally work and live in the United States. As you commence your employment in the United States under TN visa status there are a few key points you should keep in mind. We cover some key points here.
If you have been issued TN visa status to work inside the United States, your spouse and minor children also qualify to live in the United States with you under TD visa status as your dependents. Your qualifying dependents can obtain TD status at the same time you obtain your TN status, or anytime thereafter. Find out what your dependants need to obtain TD visa status.
As an employer when you file a petition or application with USCIS, they must verify that you as the employer are a legitimate business. In a typical filing, USCIS will rely on the paperwork and evidence submitted with the petition or application. If USCIS determines the paperwork submitted is not sufficient, USCIS can rely on the Validation Instrument for Business Enterprises (VIBE) Program to verify business information. Learn why you should verify your company’s information in the VIBE Program before filing with USCIS.