TN visa for Canadian CPA
I am looking to move to the Bay Area and looking for an audit manager position. If there is an offer, is that enough to use to obtain a TN Visa at the US border? or do I need an employment letter as well? I have the Canadian CA designation and US CPA designation. Do I need to bring the certificates? Please provide any input on TN visa. #TNvisa
I see. Then what if I plan to move to US permanently then TN Visa is not the route to go, is that correct? Or can I apply for green card on a TN Visa?
You can apply greencard while on TN but you cannot cross the border while that application is pending. Evidence of immigrant intent while entering on a TN will result in a denial. It's the main limitation of the TN. On the plus side you can get TN instantly at port of entry with no lottery and no long application process. Once you have been in the county for awhile you can "change your mind" and apply for GC. Say 3-6 months later. If asked about it at the GC interview you liked the place better than expected and changed your mind. But then expect not to travel out of the US for any reason for between 12 and 24 months while the GC application is in progress because they won't let you back in again. Make sure you have that much time left on the TN when you apply so you aren't forced to leave: that means apply in the first year but not in the first few months, either 3-9 months after first entry or after one of your three year renewals. The timing matters. Also you need to be born in a non-backlog county or you won't get the GC in that time (ie, not born in India or China). If being travel banned that long is not going to work for your personal life, or you were born in a backlog country, then start with the TN but convert to H1B before applying for the greencard. You can stay on TN until you win the lottery, then convert to H1B. Just adds time for that to happen but it makes for a much less risky GC application. H1b is a "dual intent" visa so traveling on an h1b with a pending GC application is not a problem. However it can take months or years to get the H1b so start on the TN so you can move to US while waiting for it.
The travel restriction is only during filing the last stage of GC, I-485. When you file I-485, also apply for Advance Parole and EAD. While AP/EAD is pending, do not travel outside the US. Once you get your AP/EAD card, you can travel freely.
It's a bit more dicey on a non immigrant visa. If they see that you have applied for a greencard and ask what your intention is you have to have a very, very, very carefully worded answer. Technically you can travel after applying i140 but before filing AOS but if asked you need some tortured answer like, "Yes, I applied for a greencard, but I am not sure yet whether I will continue to pursue it, or I may decline to file it, or return to my country and apply through consular processing".
I am a Canadian who went from TN to GC and was never asked any of those questions while crossing the border a few times with a pending or approved PERM and I-140. Keep in mind PERM and I-140 are filed by the sponsor/employer. The employer can file it without your permission anyway because it doesn’t need your signature. My PERM took almost 2 years and I crossed the border a few times with TN and I never had any issues.
Bring originals of the certificates, as well as originals of your degree, the offer, and a copy of the job description stating that the position requires an accounting designation. If you get a letter make sure it states why the position requires an accountant, and that the offer has been made to you because you have the required credentials, listing them. Sometimes they don't ask for anything, other times they grill you and check every detail. Basically read the act very carefully and bring proof of every point mentioned. If a lot is riding on this you can hire a lawyer to review it all. Remember if you are asked you are NOT moving to the United States permanently, you have family or whatever in Canada and after a few years you intend to return