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.

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.

New H-1b Visa Rule Calls for Lottery Selection Based on Wage Level

UPDATE: The Biden administration has put a 60 day hold or “freeze” on implementation of this new rule. Therefore it will not apply in this year’s lottery selection process.

Last Friday, January 8, 2021, USCIS published a final regulatory rule which changes the way that H-1b visas will be evaluated in the H-1b visa cap season lottery.

What is the new rule?

Under the existing rule, H-1b visa lottery winners are chosen based on a random selection process. The new rule calls for lottery selection based on the wage level used in an H-1b visa petition. This means that H-1b visa numbers will be allocated according to salary levels, giving priority to those earning the highest salaries in their respective occupations and geographic areas of employment.

Will the new rule affect this year's H-1b cap season?

As of now, that is unclear. The rule is scheduled to go into effect on March 9, 2021. Incoming President Biden has the authority to put a freeze on all unimplemented rules that exist at the time he takes office, including this one. The freeze could be up to 60 days, which means this rule would not apply to this H-1b cap season. However, Biden has not committed to freezing this rule, and he has expressed support for allotment of H-1b based on wage levels. Therefore we will need to wait and see.

Need assistance with an H-1b visa cap season petition? Contact us today at theteam@huwelaw.com or 415-849-1199.

Can you apply for a green card this month? Check the April Visa Bulletin!

Have you been “waiting in line” for a green card to become available in your preference category? You can check the U.S. Department of State Visa Bulletin for April 2019 to see if your priority date is current this month.

USCIS has determined that in April, the Dates for Filing Chart must be used for family-sponsored green cards, and the Final Action Dates Chart used for employer-sponsored green cards.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-april-2019.html

Need help interpreting the Bulletin and preparing and filing your green card application? Contact us at theteam@huwelaw.com or 415-496-9040 today.

January Visa Bulletin Released

The U.S. Department of State has released the Visa Bulletin for January 2019. In addition to the Final Action Dates and Dates for Filing charts, the bulletin also includes notes about diversity immigrant visas (DV), the Employment Fourth Preference Certain Religious Workers (SR), and the Employment Fifth Preference Categories (I5 and R5). 

USCIS has determined that for January 2019, both family-based and employment-based preference filings must use the Bulletin's Dates for Filing Chart.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-january-2019.html

To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.

October 2018 Visa Bulletin Released

The U.S. Department of State has released the Visa Bulletin for October 2018. In addition to the final action dates and dates for filing applications, the Bulletin also includes notes on the scheduled expiration of two employment visa categories, the Employment Fourth Preference Certain Religious Workers (SR) and the Employment Fifth Preference Categories (I5 and R5), which will only be restored if Congress acts.

USCIS has advised that in October, both family-based and employment-based preference filings must use the dates for filing chart.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-october-2018.html

To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.

September 2018 Visa Bulletin Released

The U.S. Department of State has released the Visa Bulletin for September 2018. In addition to final action dates and dates for filing applications, the bulletin also includes notes on the diversity visa cut-offs, Special Immigrant translator visa availability, and retrogression of September employment-based final action dates.

USCIS has advised that in September, family-based preference filings must use the dates for filing chart and employment-based preference filings must use the final action dates chart.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-september-2018.html

To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.

June 2018 Visa Bulletin Released

The U.S. Department of State has released the Visa Bulletin for June 2018. In addition to filing and filing action dates, the bulletin includes notes on the diversity visa cut-offs, special immigrant translator visa availability, and visa availability for Mexico E4 and SR.

USCIS has advised that in June, family-based preference filings must use the Dates for Filing Chart and employment-based preference filings must use the Final Action Dates chart.

To view the full Bulletin, please visit:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-june-2018.html

To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.