US Immigration Update for October 2022 – At Richards and Jurusik we handle a broad scope of US immigration matters. Our monthly updates provide a sampling of cases we have had approved during the month as well as relevant immigration updates. Come back each month as we keep you up to speed on US Immigration Law.
When applying for a visa the reviewing officer relies on all available evidence to make a determination of your qualifications for the visa. This includes any publicly available information on the internet, such as your LinkedIn profile or company website. Officers can and do rely on such information when making a final decision on a case. We discuss the implications of LinkedIn profiles and other publicly available information and their impact on a visa application here.
The burden is upon the foreign national seeking entry to the United States to prove that they are admissible. In other words, there is nothing criminal, medical, or otherwise, that would prevent them from entering the United States. You can be found inadmissible to the United States by USCIS, CBP, and a US Consulate. If you have been found inadmissible to the United States, you cannot enter without a waiver of inadmissibility or a determination that the finding of inadmissibility was done in error. We discuss how to overcome a refusal under 212(a)(7)(A)(i)(I) here.
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.
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.
TN Visa status is work authorization issued under the US Mexican Canada Agreement (USCMA). The USMCA replaces the previous North American Free Trade Agreement (NAFTA). TN Visa status is available to both Canadian citizens (TN-1) and Mexican citizens (TN-2) working in the United States under any of the designated TN professions. Once your TN visa status has been issued, you will be authorized to work and live in the USA. You are also able to travel on your TN Visa.
When a foreign national (alien) applies for a visa to work in the United States, withdrawal of the visa application is not a matter of right. Find out more about the withdrawal of a visa application for admission at a US Port of Entry.
The maximum time period a TN visa can be issued per admission is three (3) years. When determining the period of admission the reviewing CBP Officer can take several factors into account. We discuss these factors and how long your TN visa will be valid here.