TN Visa to Brother in law

[cbunny 1]

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!

[Boiler 43,593]

Have you discussed this with the Company Immigration Lawyer?

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

[cbunny 1]

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.

[Boiler 43,593]

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.

[cbunny 1]

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.

[CdnRN 40]

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?