Other TN Considerations

Advantages to the TN nonimmigrant worker category include the fact that no prior labor certification is required, there is no limit to the number of years a TN professional may stay in the United States, Canadians and Mexicans who have already completed six (6) years as H-1B nonimmigrants (or five or seven years as L-1A / L-1B nonimmigrants) can immediately qualify for the TN category, and finally, there is no annual cap on the admission of Canadian and Mexican TN professionals.

One relative disadvantage is that individuals who enter the United States as TN professionals cannot have intent to establish permanent residence in the United States. In other words, unlike H-1B (and L) nonimmigrants, TN professionals cannot (easily or without risk anyway) retain their TN nonimmigrant status and, at the same time, pursue permanent residence.

This guide was developed by Meyers & Meyers, LLP as a resource to help you understand some aspects of Immigration Law, which is very complex. It is not intended to create an attorney-client relationship. We recommend you contact one of our experienced Immigration Attorneys to devise an individualized plan to help you and/or your company achieve your goals. Please contact Meyers & Meyers, LLP at information@meyersandmeyers.com for assistance.

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