TN Visa Restrictions

Have you been offered a job in the United States? If you’re a Canadian or Mexican citizen, you may be eligible for a TN visa. TN, or Trade NAFTA, is an arrangement under the North American Free Trade Agreement (NAFTA). This nonimmigrant employment visa allows Canadian and Mexican citizens in certain professions to work in the US.

TN status is one of the fastest, easiest US work authorizations available. However, some restrictions still apply.

You Must Maintain Your Visa Status

Under US immigration law, nonimmigrant employees who fail to maintain their TN status can be deported. This means if you stop working for your US employer, you’ll be asked to leave the country. If things escalate to this point, you could become ineligible to request an extension or change of status. Be aware that you may be exempt from deportation if you’re involved in a strike or labor dispute that prevents you from working temporarily.

You Must Leave the US or Make Corrective Measures If You Lose Your Job

If you are laid off, terminated, or voluntarily leave your job, you have 60 days or until your TN status expires, whichever comes first, to complete one of the following:

• Apply for a new TN visa with another employer

• File for a change of status to another nonimmigrant visa classification

• Make preparations to depart the US

Family members with TD visa status are also eligible for this grace period.

You Must Leave the US If Your TN Status Expires

Unless you file an extension application, you cannot continue working or living in the US once your TN-authorized stay expires. This date should be listed on your I-94 record or passport admission stamp. If you overstay, you could end up:

• Being deported

• Being barred from reentering the US for up to 10 years

• Having your TN visa stamps voided

• Having future TN visa applications denied

Your employer could also face civil penalties or criminal prosecution for continuing to employ you after your TN status expires.

You Cannot be Self-Employed

You can’t get a TN visa if you own or “substantially control” the US company you work for. Immigration offers to assess business ownership based on whether you:

• Founded or currently own and operate the company

• Have sole or primary control of the business, regardless of how many shares you own

• Receive most or all of the income the business generates

You Cannot Intend to Stay Permanently

A TN visa is meant for temporary workers only. You’re not allowed to use it if you intend to remain in the country indefinitely.

If you have questions about TN visa restrictions or how to apply for TN status, reach out to Hurtubise Weber Law. We’ll assist with the application process and offer advice to keep you compliant with TN visa restrictions. Call us today at (415) 413-8760 or contact us online to speak with our immigration lawyers based in San Francisco and San Jose, CA.

H-1b Visa Cap Season is Almost Here!

USCIS has announced that the initial registration period for the FY2023 H-1b cap will open at 12 pm ET on March 1, 2022, and run through 12 pm ET on March 18, 2022.

H-1b visa cap season is rapidly approaching. If you are an employer looking to hire a foreign national under an H-1b visa, now is the time to get started with the process.

This March there will be an H-1b visa registration lottery system similar to the one used in March 2021. A company will be required to identify their H-1b visa candidates and enter them in the lottery for a chance at H-1b visa issuance.

We specialize in H-1b visas. If you are an employer with potential candidates, we would be happy to evaluate them for the H-1b visa. Please contact us today for a free employer consultation, at 415-413-8760 or theteam@huwelaw.com.

Consular Interviews Can Now be Waived for Certain H, L, & O Visa Applicants

Great news for employment-based visa applicants abroad - the Department of Homeland Security has announced that throughout this year consular officers will have discretion to waive interviews for H, L, & O visa applicants applying in their country of nationality or residence who were previously issued any type of visa, who have never been refused a visa unless such refusal was overcome or waived, and who have no apparent ineligibility or potential ineligibility. Officers also now have authority to waive interviews for first-time applicants in these categories who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP), provided that they have no apparent ineligibility or potential ineligibility and have previously traveled to the United States using an authorization obtained via the Electronic System for Travel Authorization (ESTA).

Need assistance applying for an H-1b, H-4, O, or L visa? We are here for you! Contact us today at theteam@huwelaw.com or 415-849-1199.

Work Permit No Longer Necessary for L-2 Visa Holders; Automatic Extensions for H-4 Visa Holders

A recent class action legal settlement has resulted in good news for thousands of spouses of L-1 visa holders, as well as spouses of H-1b visa holders. L-2 visa holders will now be issued work authorization automatically and will not be required to submit an application for an EAD. H-4 visa holders will now be eligible for an automatic extension of their employment authorization if a timely extension request has been submitted.

The new government policy highlights are below:

• Provides that certain H-4, E, or L dependent spouses qualify for automatic extension of their existing employment authorization and accompanying EAD if they properly filed an application to renew their H-4, E, or L-based EAD before it expires, and they have an unexpired Form I-94 showing their status as an H-4, E, or L nonimmigrant, as applicable.

• Provides that the automatic extension of the EAD will continue until the earlier of: the end date on Form I-94 showing valid status, the approval or denial of the EAD renewal application, or 180 days from the date of expiration of the previous EAD.

• Provides that the following combination of documents evidence the automatic extension of the previous EAD, and are acceptable to present to employers for Form I-9 purposes: Form I-94 indicating the unexpired nonimmigrant status (H-4, E, or L), Form I-797C for a timely-filed EAD renewal application (Form I-765) stating “Class requested” as “(a)(17),” “(a)(18),” or “(c)(26),” and the facially expired EAD issued under the same category (that is, indicating Category A17, A18, or C26).

• Provides that E and L dependent spouses are employment authorized incident to their status and therefore they are no longer required to request employment authorization by filing Form I-765 but may continue to file Form I-765 if they choose to receive an EAD.

Are you an employer needing assistance with a visa application? We would be happy to see if we can help! Contact us today at theteam@huwelaw.com or 415-849-1199.

H-1b Visa Cap Season is Almost Here!

UPDATE: USCIS has announced that the initial registration period for the FY2022 H-1b cap will open at 12 pm ET on March 9, 2021, and run through 12 pm ET on March 25, 2021.

H-1b visa cap season is rapidly approaching. If you are an employer looking to hire a foreign national under an H-1b visa, now is the time to get started with the process.

While the details are not out yet, it is expected that this March there will be an H-1b visa registration lottery system similar to the one used in March 2020. A company will be required to identify their H-1b visa candidates and enter them in the lottery for a chance at H-1b visa issuance.

We specialize in H-1b visas. If you are an employer with potential candidates, we would be happy to evaluate them for the H-1b visa. Please contact us today for a free consultation, at 415-548-7067 or theteam@huwelaw.com.