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Could the Officer at the Canadian Border Deny my TN-1 Extension


I am a Canadian citizen working in US. My current status is TN-1. My employer filed a labor certification application for me, and TN status will expire in a month. I am afraid that the Free Trade Officer at the Canadian border or the USCIS Service Center may deny my TN-1 extension, as I filed a labor certification application. What should I do?


TN-1 is a temporary visa that needs intent to return to Canada upon completion of the one-year temporary work. Unlike the H-1B, TN does not enjoy dual intent.

But filing of labor certification application does not in itself constitute such an intent not to return to Canada. In your case, you are in a very early stage of the immigration process, waiting for the labor certification application. Accordingly, you are not likely to face a serious problem either at the border or at the USCIS Service Center, in obtaining extension of TN status for another year.

Just as with any important presentation, the key to a successful TN visa application at the Canada/U.S. border is preparation. Due to the high-stakes nature of the application process, many Canadian applicants are understandably uncomfortable with applying for TN status at a U.S. port of entry. With proper preparation and supporting documentation, though, you can effectively minimize the chances of your application being denied.

The first step in preparing to apply for the TN visa is to ensure that you and the U.S. position you seek to fill are eligible for TN status. The most common reasons for denial are lack of evidence of eligibility, so it’s important to bring clear, concise documentation to your appointment. Most commonly, applicants encounter difficulties when they have forgotten educational records, or documentation from the employer that explains the position’s duties.




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