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Questions regarding the TN Visa

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I am asking these questions for my brother-in-law who is a Canadian Citizen and would like to come to the US on the TN visa.

One of the companies that he was looking at their online career board asked when he submitted his resume if he is authorized to work in the location of where the job is located, in this case the US. He currently is not authorized to work in the US, but would be under the TN visa if he got the job. Should he check yes or no on the are you authorized to work question?

Also, I take it, and I checked the regulations, having a Master's Degree in the profession is acceptable since it is higher then a Bachelor's Degree? His Masters is in a different field then his Bachelor's. The profession that he wants to come in as deals with his Master's Degree.


Here is the information regarding the cases for my in-laws (wife, their daughter, is the petitioner under the IR-5 category, Parents of a USC):

Submit I-130 (2 petitions) to USCIS on May 30, 2013

USCIS approved the cases on March 10, 2014.

Received notice online from USCIS the cases were sent to NVC on March 17, 2014.

NVC received the cases on March 28, 2014

The case numbers were created on Monday, April 28.

We received the numbers by phone on Friday, May 2.

DS-261 became available on both cases late in the evening on Friday, May 2. Both DS-261 filed on Saturday, May 3.

Received emails to my wife regarding AOS at around 8am on Wednesday, May 7. At the same time received emails that were cc of letters sent to my in-laws. However, the date of all of the letters was Monday, May 5.

Received emails regarding the Immigrant Visa Fee at around 11:15am on Wednesday, May 7. IV fees became available online at around 1pm on Wednesday, May 7. Date of invoice was Tuesday, May 8.

Paid all the fees on Wednesday, May 7 at around 1:15pm.

All fees marked as paid and DS-260 become available sometime late on Friday, May 9.

Dropped off IV and AOS packages (in two different envelopes - 1 for AOS and 1 for IV documents) at the local post office at around 2pm on Saturday, May 10.

Submitted DS-260 (for both cases) around 10am on Sunday, May 11.

Both document packages received by NVC on Monday, May 12 (according to Post Office Tracking - one around 1pm and the other around 4pm. Don't know why they got separated.)

Received checklist email for both cases at 4pm on Thursday, June 12 regarding the IV civil documents

Wife called NVC in the afternoon of Friday, June 13 to inquire about the checklist. Told by a representative they are normal and automatic and not to worry. AOS under review. Call back after Tuesday, June 24.
Received a checklist for my father-in-law on Monday, June 16. NVC reviewed his AOS paperwork, but waiting for the documents the requested the week before.

Wife called NVC in the morning of Tuesday, June 17. Told by the agent they don't have the document requested for dad, and they don't have the AOS package for her mom.

Put in a request with our Senator to get more information. Response was mother-in-law is documentary complete and father-in-law was in document review for the military document.

Wife called NVC on the morning of Tuesday, July 1 and spoke with a supervisor regarding her dad's military document. Supervisor said she would look into it.

Supervisor called us and left a voicemail on the morning of Wednesday, July 9 and stated they have located my father-in-law's military documents. Case sent back to document review.

Per conversation with an agent, the expedited request originally requested by email on July 7, was sent to the Embassy on Thursday, July 10.

Received by postal mail on Thursday, August 21 from our Senator regarding the response of another inquiry. Still the same.

Early in the morning on Friday, August 22:

Wife calls the Embassy and was told the IV section doesn't accept calls, and was given a number in the states that turned out to be scheduling assistance for NIV interviews.

Called NVC as soon as they opened and was told the Embassy denied the expedite request, but the case was completed by NVC on Monday, August 18. Wife inquired about interview scheduling, and was given some good information.

At 5 PM on Thursday, September 11, received the interview letters. Interview is scheduled for the morning of October 9.

Mother-in-law approved. Father-in-law placed in Administrative Processing due to follow-up TB test.

CEAC stated ISSUED for my mother-in-law on October 15. DHL had the package for pick up on October 17 but called the wrong number. Package picked up on October 27.

On December 11 mother-in-law received a phone call from the Embassy that the medical is back for my father-in-law and to DHL his passport to them. Passport sent on December 12.

On December 18 CEAC updated to ISSUED for my father-in-law. My wife is happy!!!! Embassy said they gave it to DHL on December 19

Due to a DHL delay the package did not become available for pick up until December 24. USCIS Immigrant Fee paid the same day.

POE: JFK Terminal 1 - December 26, 2014 - They are finally here!!!

Took them to a local SSA office to get SSN on January 6, 2015. Cards received on January 10, 2015.

Green Cards received by priority mail on January 23, 2015 (four weeks after arrival).

Both went to motor vehicles and got state issued ID cards on April 11, 2015.

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He is not currently authorised to work in the US so the answer is no.

I would have thought the !asters would be OK.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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He must check 'no'. The TN visa would authorize him to work based on his job offer in the US. Since the job OFFER does not exist, neither does his authorization to work in the US.

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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The masters should be fine. As for yes or no, I would suggest asking an immigration lawyer familiar with TN Visas.

When I was applying for jobs as a Canadian living in Canada, I asked an immigration lawyer what to put, and was told I could comfortably select 'yes'. I also specifically addressed the question in my cover letter so it was clear.

The rationale I was given is that the employer doesn't need to apply for a work visa or do anything other than write a job offer letter and the yes/no answer for that question can be just an HR screening tool to weed out resumes before they are forwarded to the hiring manager. I was told that since I would be eligible to work once I'd received a job offer, and crossed the border with the offer, I could safely say yes to the question, and by outlining that it was due to the position being a TN status-eligible one, it in my cover letter, I was 'CYA' so to speak...

But, that was the advice I received, and the HRs I applied to had no concerns, but your relative's type of work and potential employers may be different, so I would suggest he get a 1hr consult with an expert to be sure. Another option is call the HR of potential employers and ask. They may know...


First Entered US with TN Status: 04/13/2012
Engaged: 08/24/2012
Married: 08/10/2013


Adjustment of Status from TN Status to Permanent Resident:

Day 00: AOS mailed by USPS priority Post: 05/19/2014
Day 02: AOS package arrived: 05/21/2014
Day 08: Text/email notice of acceptance: 05/27/2014
Day 11: NOAs for I-130, I-485, I-765, I-131 received, 05/30/2014
Day 14: Biometrics notice received with an appointment of June 17, 2914 at 3pm. 06/02/2014
Day 15: attempted walk-in successful after a very long wait 06/03/2014
Day 38: email notice that I-485 has moved to testing & interview! 06/26/2014
Day 77: EAD/AP - card production 08/06/2014
Day 84: EAD/AP card received 08/13/2014
Day 129: Infopass appointment for an update (very helpful!) 09/24/2014
Day 136: Email received with interview date 10/01/2014
Day 138: Interview notice received! 10/03/2014
Day 170: Green Card Approved on the Spot! 11/04/2014
Day 178: Green Card Received 11/12/2014

REMOVAL OF CONDITIONS:

Day 00: ROC Package (Weighing 1.7kg -- 3lbs 13oz) mailed by USPS Priority Post: 09/13/2016

Day 03: ROC Package Received: 09/16/2016

Day 07: Check Cashed: 09/20/2016

Upcoming:

Naturalization in 2017

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