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TN Visa to Brother in law

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Hi my brother is in Florida on his wife's F-1 visa. He is an exceptional professional but quit his job to move to FL, for his wife to pursue her PhD. He really wants to come back to the work force, but it has been really difficult for him to find employers willing to sponsor him for a work visa. We're both Mexican and are elegible to apply for a TN visa (I have done it myself, without any problems). His realm of work is systems, programming and developing and already has many potential contract projects, just missing the darn visa to be able to work.

My husband (all aper work in his name) and I work with him (i'm not on a payroll, or anything) and we actually would benefit from my brother's knowledge as we do design work and many times are asked to do website development work.

My question is if there would be any potential problems if my husband, through his company (LLC) sponsors the 1-year TN visa for my brother. Could my husband get in trouble for it? We've been thinking to add to our staff and what better to hire someone we know and trust.

Just for info, my brother went to college here in the states, graduated with honors and then went to hold a G visa when he worked for an international organization.

Any feedback will be much appreciated!


2010 - We met at work while I was doing my OPT

Jan 2011 - We started dating!

March 2011 - I went back to Mexico becuse my OPT had ended

Apr 2011 - He comes to Mexico to visit me & meets my parents

May 2011 - I come back to the US with a TN-1 visa

March 10, 2012 - We got married!!! Civil ceremony with a few friends and family

August 12, 2012 - We have our big wedding celebration. Family comes from all over!

April 10, 2013 - We submit our papers! I-130, I-485, I-765

April 22, 2013 - We receive text and email NOA1

April 25, 2013 - We receive NOA1 for all 3 cases on the mail

April 27, 2013 - Received biometrics appt. letter for May 20, 2012

April 29, 2013 - We walk-in to get my briometrics. Got them done 22 days early!

May 24, 2013 - We receive letter with Interview Date for June 24th.

June 12, 2013 - Status on USCIS website for I-765 changes to Card Production

June 20, 2013 - I got my Work Authorization card!

June 25, 2013 - Interview at USCIS Fairfax, VA. Approved!

June 27, 2013 - USCIS website says my GC is in Production. yay!

July 1st, 2013 - Got my Green Card in the mail!

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Have you discussed this with the Company Immigration Lawyer?

I presume the TN requires you to submit information about the sponsoring company.


“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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Have you discussed this with the Company Immigration Lawyer?

I presume the TN requires you to submit information about the sponsoring company.

No, I haven't talked to any lawyers. When I applied for the TN-Visa the only thing the company (a fairly small company) gave me a letter of intent to hire, which included the position I would be filling, the requirements and the compensation. Aside from that I paid myself for the fees, submitted the forms required, which I had to fill myself, got many recommendations from previous employers, all my diplomas and awards and that was pretty much it.

The company was owned by a friend of a friend who knew me fairly well, I believe if he had ahd to jump through hoops with paper work and such he would have told me.

As far as I know TN Visas are a fairly easy deal since there is the NAFTA treaty between Mexico, USA and Canada.


2010 - We met at work while I was doing my OPT

Jan 2011 - We started dating!

March 2011 - I went back to Mexico becuse my OPT had ended

Apr 2011 - He comes to Mexico to visit me & meets my parents

May 2011 - I come back to the US with a TN-1 visa

March 10, 2012 - We got married!!! Civil ceremony with a few friends and family

August 12, 2012 - We have our big wedding celebration. Family comes from all over!

April 10, 2013 - We submit our papers! I-130, I-485, I-765

April 22, 2013 - We receive text and email NOA1

April 25, 2013 - We receive NOA1 for all 3 cases on the mail

April 27, 2013 - Received biometrics appt. letter for May 20, 2012

April 29, 2013 - We walk-in to get my briometrics. Got them done 22 days early!

May 24, 2013 - We receive letter with Interview Date for June 24th.

June 12, 2013 - Status on USCIS website for I-765 changes to Card Production

June 20, 2013 - I got my Work Authorization card!

June 25, 2013 - Interview at USCIS Fairfax, VA. Approved!

June 27, 2013 - USCIS website says my GC is in Production. yay!

July 1st, 2013 - Got my Green Card in the mail!

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I was under the impression that the TN was a sort of H1b lite.

If the sponsoring company is not relevant then I could see many advantages. Never got through the process, the ones you see here are Canadian and they have a slightly different process.

Funnily enough the only person I have met on a TN was Mexican.


“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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Anyone else has an opinion or advice? I dont want to get our company in trouble as we try to help my brother get his TN-1 Visa.


2010 - We met at work while I was doing my OPT

Jan 2011 - We started dating!

March 2011 - I went back to Mexico becuse my OPT had ended

Apr 2011 - He comes to Mexico to visit me & meets my parents

May 2011 - I come back to the US with a TN-1 visa

March 10, 2012 - We got married!!! Civil ceremony with a few friends and family

August 12, 2012 - We have our big wedding celebration. Family comes from all over!

April 10, 2013 - We submit our papers! I-130, I-485, I-765

April 22, 2013 - We receive text and email NOA1

April 25, 2013 - We receive NOA1 for all 3 cases on the mail

April 27, 2013 - Received biometrics appt. letter for May 20, 2012

April 29, 2013 - We walk-in to get my briometrics. Got them done 22 days early!

May 24, 2013 - We receive letter with Interview Date for June 24th.

June 12, 2013 - Status on USCIS website for I-765 changes to Card Production

June 20, 2013 - I got my Work Authorization card!

June 25, 2013 - Interview at USCIS Fairfax, VA. Approved!

June 27, 2013 - USCIS website says my GC is in Production. yay!

July 1st, 2013 - Got my Green Card in the mail!

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I initially came here on a TN visa, but can't help you out directly with your question. Both because I'm Canadian and the process for your brothers' profession is a bit different than mine. It may be useful to speak with an experienced immigration lawyer, perhaps one acting for your company?


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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