Hi everyone, I have accepted an offer at Amazon and their law firm (Fragomen) advised me to obtain a TN visa via USCIS (which will take 1.5 months even with premium processing) rather than via CBP at a port of entry. Is obtaining a TN visa for Canadians so difficult now that I should not attempt getting my visa at a port of entry? I would really like to get started asap. Background: - Bachelor of Computer Science - Senior Software Engineer with 8 YoE - Past visas: TN, H1B, E2, O1. - TN and H1B at another Big Company
For the record you STILL get the visa at port of entry. That advance approval is confirming that you qualify for the job and the job qualifies for the visa, based on your stated qualification in the application. They will still check a bunch of stuff at the border and grant TN status when you actually cross, it's just less randomized. The filing gives the lawyers a chance to respond in writing to any RFE rather than you stammering and trying to figure out what to say when challenged on the spot at the border.
If you’ve already gotten approval for the TN from USCIS, is there any chance that CBP could still deny it when you try to enter the US? I thought one of the advantages of applying for the TN through USCIS was that you would avoid having to be interviewed by a CBP officer (and potential denial which apparently has gone up lately).
They are lawyers and risk-adverse. TN is as easy as it has ever been.
Lawyers are just racking up billable hours honestly, every time this has happened to me they've made this big package to give to USCIS which they've immediately thrown in the trash (photocopys of your transcripts, degree even though you also need your physical copy). That being said, if you want to work there you should probably do what they say regardless.
Rather have a package of stuff I turned out not to need, than to get a denial for lack of something I should have had.
I agree with @wylde but I suspect the amount of billable hours for preapproval is a factor here.
I just tried to cross the border at Vancouver airport for Amazon Seattle and my app for TN was rejected even though I have degree in computer science and have had TN work status before. They cited the reason as me not having an *engineering* degree for the role of Software *Engineer*. Wasted me thousands of dollars in flight and who knows how long in delay to my start date. Wish The Fragomen lawyer on my case would have sent my case to USCIS like yours did.
This literally just happened to me :(. What did you end up doing? Any advice?
Listen to Fragomen. They are agonizingly slow sometimes but if they advised you to do it one way rather than the other they have their reasons.
I see your point. However, I have also prepared the documents for my employees at my startups so I am skeptical of their assessment. Like @reviewbord said, they are probably too risk-averse. Truth be told, I know most of the tricks about obtaining TNs so it's very frustrating that they are telling me to take a route that I personally don't agree with.