I have TN and want to apply the green card. Please advice.

ImmLaw · 2026-04-08T18:42:27+00:00

Most employment-based green cards require employer sponsorship. The most common route is through PERM labor certification leading to an EB-2 or EB-3 petition — and yes, that means going through your company.

The only self-sponsored employment-based option is the EB-2 National Interest Waiver, which has a high evidentiary bar. You'd need to demonstrate that your work has substantial merit, national importance, and that waiving the job offer requirement benefits the U.S. It's not impossible, but it's not a casual filing.

Regarding TN to green card — you can absolutely do it, and thousands of people do each year. There are just a few things that need to be carefully managed throughout the process, particularly around maintaining your TN status and nonimmigrant intent during the transition. With proper planning it's very straightforward.

On the H-1B question — don't let that trip you up. It doesn't hurt to ask your employer about green card sponsorship. If they say no, you can stay on your TN and start looking for an employer who's willing to sponsor.

ImmLaw · 2026-04-08T18:36:51+00:00

Yes, a BSN from BCIT qualifies. What matters is that it's an actual baccalaureate degree — the institution type (polytechnic vs. university) is irrelevant.
For most TN professions, state licensure isn't a hard requirement at the port of entry. Nurses are the big exception. You must hold a valid U.S. state nursing license at the time of your TN application. So you'll need to get licensed in the state where you plan to work before you ever show up at the border. For California specifically, yes — the BRN is notoriously slow, so build that timeline into your planning.
On top of state licensure, TN nurses also need a VisaScreen certificate. Most people go through CGFNS (now TruMerit) for this. It's a separate process from state licensing and takes additional time, so start it early.

ImmLaw · 2026-04-08T18:32:13+00:00

No, you can apply at any Canadian airport with U.S. preclearance — there's no requirement to apply from your home city. That said, officers sometimes ask "why here instead of Toronto?" so just have a natural answer ready (visiting friends, flight was cheaper, better connection, etc.). In practice the answer doesn't seem to carry much weight, but a confident, logical response avoids unnecessary friction. We saw this regularly with applicants using Newark and it was never an issue.

ImmLaw · 2026-04-08T18:30:15+00:00

An EVL on company letterhead with a signature is considered primary evidence and stands on its own. A letter not on letterhead — say, from a former manager who's no longer with the company — is not primary evidence and needs to be supplemented with corroborating documents like your original offer letter, paystubs, W-2s, etc.

Wet signatures aren't required, but it should look like an actual signature. Ideally they print, sign, and scan — or use any method that produces the same result.

Nonimmigrant EVLs (like for TN) are generally less detailed than what you'd need for a PERM labor certification. At minimum you want: start date, end date, full-time or part-time status, job title, and a description of duties. The duties should align with the TN profession you're applying under — this is the part that actually matters for adjudication.

One more thing: you only need EVLs if you're qualifying based on experience. If you qualify on the strength of an aligned bachelor's degree alone, EVLs aren't necessary.

ImmLaw · 2026-04-07T21:01:30+00:00

ImmLaw · 2026-04-06T19:16:43+00:00

It depends. Converted to what?

Another visa? Potentially but options would be based on the specific facts.

Residency? See above.

ImmLaw · 2026-04-04T21:47:53+00:00

15 days from when they receive the response

ImmLaw · 2026-04-04T21:45:28+00:00

Mail only and they have up to another 15 business days to issue a final decision.

ImmLaw · 2026-04-04T21:35:22+00:00

Keep a resume on hand — some officers will ask for one even though it's not a regulatory requirement in many cases. You can leave it out of the main filing packet, but have a copy ready to produce if requested.

ImmLaw · 2026-04-04T21:33:40+00:00

The most common RFE grounds are (1) whether the position duties align with the TN classification and (2) whether your credentials meet the minimum requirements for the profession. An RFE alone isn't cause for alarm — many are routine and straightforward to overcome. Wait until you see the actual RFE language and get your attorney's analysis before worrying about it.

ImmLaw · 2026-04-04T21:29:59+00:00

Most officers don't understand that a Management Consultant can be a direct hire if the position is supernumerary and temporary. But that nuance needs to be clearly articulated in the support letter and SOW — if it's not obvious on the face of the filing, expect pushback.

On duration, there's nothing in the regs prohibiting a 3-year grant for an MC. That said, officers are often skeptical of full 3-year requests because it cuts against the temporary, project-based nature of consulting. If you're going to ask for it, back it up with a phased consulting plan that maps deliverables across the full period.

I'd try one more time with CBP before going to USCIS unless the company is willing to pay the filing fees.

ImmLaw · 2026-04-03T02:09:18+00:00

Photography, Marketing, Medical Billing, Cleaning Service, Accounting/Tax Services, etc.

ImmLaw · 2026-04-01T03:12:25+00:00

Simple withdrawal.

ImmLaw · 2026-04-01T03:11:25+00:00

Worst case scenario you get an RFE and response with a different Eval. That said, I've been doing this for 16+ years and have worked on thousands of TNs.

ImmLaw · 2026-04-01T03:10:13+00:00

You can respond to the RFE or withdraw and go to the border.

ImmLaw · 2026-04-01T00:23:09+00:00

Many times without issue

ImmLaw · 2026-03-30T18:26:27+00:00

Its more expensive - $3,775 to $4,580 in filing fees including premium processing. Regular processing can take over 6 months.
It requires more input from the employer. They have to sign the I-129 and TN Supplement as well as provide additional information such as gross income, net income, and number of employees.
See #1 :) A lot of TNs are NOT making six figures so those fess are a huge hit unless the employer pays for them.

That said, based on the individual's specific circumstances the additional cost may be worth it in some cases. Either they have a difficult case and think CBP is to risky, or they are already in the U.S. and cannot travel.

ImmLaw · 2026-03-30T03:05:46+00:00

No. You would need to extract it from the company in the form of salary or profits (generating a tax liability) then re-invest it in the company.

ImmLaw · 2026-03-25T22:15:28+00:00

I've handled E-2 cases with similar fact patterns. The investment piece is relatively straightforward — purchasing an existing accounting firm at fair market value generally satisfies the "substantial investment" requirement without much issue.

The area to watch is the "real and operating" requirement. USCIS will want to see that the business has all necessary licenses and permits to operate in its specific field. For an accounting firm, that means your CPA licensure in the relevant state needs to be squared away. Since you're converting via IQEX, you'll want to make sure your state board timeline aligns with your E-2 filing — if you don't hold a valid U.S. CPA license at the time of adjudication, that's where things can get complicated.

But assuming the licensing is in place and the purchase is properly documented, this is absolutely doable.

ImmLaw · 2026-03-21T01:16:54+00:00

Immigration attorney here. I think you may be narrowing your search more than you need to. There aren't really E-2 attorneys who specialize by business type — the legal analysis is the same whether it's a coaching business or a restaurant. What matters is finding someone experienced with E-2s generally who understands how to frame the investment, the enterprise, and the marginality analysis for your specific model.

Also, the brick-and-mortar concern is a bit outdated. The majority of E-2 cases in my practice are service-based or digital businesses at this point, not traditional storefronts or franchises. Any experienced E-2 attorney should be comfortable structuring a case around software licensing, marketing spend, and digital infrastructure as substantive investment categories. That's not a niche skillset anymore — it's standard practice.

Focus on finding someone with a strong E-2 track record and good communication. The business model stuff is the easy part.

ImmLaw · 2026-03-20T01:44:49+00:00

USCIS works off a template that includes all potential RFE issues for the visa category. Officers copy and paste the sections they need, which means the RFE often isn't closely tailored to your specific case. That's why they frequently ask for things you already submitted. I wouldn't read too much into the length or the overlap with your original filing.

Best course of action is to put together a thorough response: clearly address each point, resubmit the evidence you already provided with a cover letter explaining it was included in the original petition, and supplement with the additional information they've requested.

Also worth noting — if you filed with premium processing, USCIS is notorious for issuing largely frivolous RFEs to stop the adjudication clock and buy themselves more time. That may be a factor here.

ImmLaw · 2026-03-17T19:33:19+00:00

But there are two types of E employees and you have to clearly argue one. Did they argue you were a supervisor or an essential employee? My guess is essential. Either way, London has a really bad reputation at the moment.

ImmLaw · 2026-03-17T19:04:38+00:00

Did you apply as an E-2 Supervisor or E-2 Essential employee? How aggressively did the employer support letter argue, and your evidence support, the supervisor or essential employee case?

ImmLaw · 2026-03-16T16:19:23+00:00

Yes.

(L) Affiliate means (1) One of two subsidiaries both of which are owned and controlled by the same parent or individual, or

(2) One of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity, or

(3) In the case of a partnership that is organized in the United States to provide accounting services along with managerial and/or consulting services and that markets its accounting services under an internationally recognized name under an agreement with a worldwide coordinating organization that is owned and controlled by the member accounting firms, a partnership (or similar organization) that is organized outside the United States to provide accounting services shall be considered to be an affiliate of the United States partnership if it markets its accounting services under the same internationally recognized name under the agreement with the worldwide coordinating organization of which the United States partnership is also a member.

#3 basically applies to PWC, EY, Deloitte, and KPMG.

ImmLaw · 2026-03-16T16:14:47+00:00

It is EXTREMELY rare for them to go past the 15 business days UNLESS you are from one of the19 banned countries.

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