TN visa
There are two ways to get a TN visa. One is by going through USCIS (4-6 months) to get pre-approved and then taking it to a port of entry. The other way is to just go through a port of entry directly. As a Canadian, I think going through a POE is simpler and faster. The legal group (BAL) at Facebook is insisting on going through USCIS, which means I cant start at FB for 4-6 months. I feel like they dont know what they’re talking about and/or only know how it works for Mexicans, who have to always go through USCIS. When I told them that I can just go to the port of entry with an offer letter, they didnt address my point at all and instead just repeated that “Facebook’s policy is to go through USCIS”. I dont know what I should do here. Are the lawyers right and USCIS is the best approach? Should I push the recruiter to let me go the second route? It’s a red flag for me that the lawyer didnt even acknowledge my point.
PP is closed right now. Is poe less likely to get approved than USCIS? I had thought that USCIS petitions have a high rate of RFE which really stretch the timeline
The thing about POE is any bad luck gets you denied which is worse than an RFE. If you get denied more than one once you might get banned from the US and/or get your offer rescinded. If USCIS denies you, you could still try your luck at a POE (not a great idea either though). USCIS will be judging your case on its legal merits rather than on one CBP agent’s uneducated opinion.
I see. That makes a lot of sense. Thank you!
I believe you can join the new company on USCIS receipt (similar to H1B). You don’t need to go to POE if you go the USCIS route. Edit: Looks like you can’t join on receipt for TN. https://www.visapro.com/resources/article/tn-visa-change-of-employer/
Yeah, OP can just join on receipt if they want, risk of denial for companies like Amazon and FB is insignificant.
Where sid you hear this? My understanding (not verified with a lawyer) is that TN visas require full approval before someone can join them. Also, not sure if this matters, but at my current company, Im currently on an L1 visa, not a TN. I will be joining FB on a new TN
Are you a derived or naturalized Canadian citizen? CBP really hates naturalized Canadian TN applicants, especially Asians and Indians, be aware of that. As above reply said, POE is very risky and you might get denied by some random CBP asshole who can’t read or count...USCIS takes more time but definitely more reliable.
If you get pre approved by USCIS don’t you still have to get the visa cleared at POE?
That’s different, if you directly apply at POE, it’s completely at CBP officer’s discretion to approve or deny the TN. Note there’s no “RFE”, either approved or denied. In the other way, you enter the border with a pre-approved TN visa, it’s very unlikely CBP officer will deny your entry unless they have real legit reasons.
Oh ok so it’s a no brainer to go through USCIS then.Why would anyone risk going through the POE then?
Can you not start remote work immediately and simultaneously put in an application to USCIS?
Push back, I’ve been screwed by incompetent BAL attorneys several times. Given the current situation (no premium processing) it is a no brainer, go get it at the POE. Just ask them to send you the packet.. it’s natural that most attorneys are not as familiar with TN as with other more common visas, let them know you are aware of the options.
Thats kind of what I’m thinking of. However some thjngs which might make uscis route paletable: - PP may reopen before 4-6 months. PP is two weeks - TN success might be wishy washy and riskier at CBP poe - possibility of working at Canada in the interim (not for certain yet) But what makes me very worried is that the bal attorney is young and probably inexperienced. She’s probably going by the book. Can you elaborate how you got screwed by them and how you recovered?
Yeah one thing to consider is that if you go to POE, you will not be allowed to work for your current employer anymore, not even during the 2 weeks notice, while if you do it via USCIS, you can maintain both TN status at the same time. I also think PP could be restored before the 4-6 months. They screwed in my GC process, recovered but lost 5 months. This case TN is very simple I guess they are just playing it safe
I went through the Vancouver POE 2 times, it was very smooth. Usually they will just ask you for additional documents if they are suspicious. But not sure if borders are open now
Hi - Any idea on additional documents apart from Passport, Citizenship card, degrees, Offer Letter with duties and salary? Do they ask for address proof etc.?
Facebook lawyers at Ogletree are telling me the same thing about preferring the direct app with USCIS as opposed to POE. It’s a company-wide policy. Also, chances are it’ll be sooner than 4-6 months. Just keep following up so that they get your application in.
How long did it take them to file the application in you case?
What option did you end up going with? And doesn't standard processing takes around 1-4months? Where did you read it takes 4-6 months?
Is premium processing not an option? POE is a roll of the dice on your future on the best of days.
Premium processing is on hold. If you don't get in at POE, can't you still apply to USCIS? Sounds like no disdvantage
POE can ban and/or imprison you, even if they don’t they can still overrule USCIS next time you come through.