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
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.