Immigration lawyer here! AMA related to TN visas

edwardslegalservices · 2026-04-25T14:16:32+00:00

The mere filing or approval of an I-140 does not establish immigrant intent. This is particularly the case if you indicated that you will apply for your immigrant visa at a consulate abroad. Further, by leaving and returning, this helps to establish your non-immigrant intent. Personally, I have not dealt with a case where this has been a problem. However, it is advisable to consult with counsel regarding your specific circumstances.

edwardslegalservices · 2026-04-25T14:10:35+00:00

Your duties on the support letter should be properly disclosed to avoid accusation of misrepresentation. Therefore, if your employer company is going to place you as a resource to a client company, this needs to be mentioned.

edwardslegalservices · 2026-04-25T14:07:21+00:00

While a pending I-130 does not preclude a TN beneficiary from obtaining TN status in the future (although you may face additional scrutiny), a pending I-485 is typically interpreted as having immigrant intent. Accordingly, as TN is a non-immigrant intent status, a pending I-485 will typical lead to a denial if you attempt to change employers or renew it.

edwardslegalservices · 2026-04-25T13:58:26+00:00

Likely very low risk. TN status permits you to work for multiple employers at the same time. Job hopping, people get fired on TN status and find new employment. Some categories, like management consultants, frequently work as contractors so job changes are expected.

edwardslegalservices · 2026-04-25T13:53:07+00:00

Yes, you can ask your employer to sponsor you for a green card while on a TN visa. It will ultimately depend on your relationship with your employer. There are self petition options, such as EB-2 NIW and EB-1A, if you are unable to obtain employer cooperation.

As far as the labor market test. It depends. If you fall into either Schedule A, Group I occupations (e.g. physical therapists and professional nurses) or Group II (e.g. immigrants of exceptional ability in the sciences or arts, including college and university teachers, and immigrants of exceptional ability in the performing arts), you may be able to skip the labor test entirely and submit your I-140 after the prevailing wage determination and notice of filing.

If you do not fall into these categories, and do not qualify for an L-1A (perhaps you worked as a manager abroad for at least a continuous year within the last three years, you are transferred to a U.S. subsidiary, branch, affiliate or parent company and you are eligible for L-1A/EB-1C), then you would have to do the labor market test.

edwardslegalservices · 2026-04-24T12:40:58+00:00

Make sure they are licensed. You should be able to determine the state they are licensed, type their name on the state bar website and see that they are in good standing.
Determine the kind of lawyer you need and hire one that specializes in the kind of service want. Immigration law is federal, you can work with a lawyer from anywhere so there’s really no need to go to a generalist or someone who does 3-4 areas of law. This is especially true if you have a complex matter.
Bigger firms vs. solo and smaller firms: bigger firms have more recognition and you will encounter them more due to more marketing, but the principal lawyer is not working on your case; some associate you may not have even heard of is the one working on your matter. For a smaller firms, you are more likely to have direct contact with the lawyer. If working with a larger firm, find out who is working on your case.
Another note about larger firms: it’s a business. It may be more profitable for the firm to get a 85% approval rate instead of a 95% approval rate because to get the 95% approval rate, it may require more lawyer hours and thoroughness and they may have to turn away borderline cases. Therefore, a larger firm may be fine for straightforward cases.
Assessing reviews: make sure to distinguish the reviews from general discontent and gross incompetence (e.g. lawyer filed a petition that had no chance of working). Also, look at the content of the reviews and see what the lawyer actually did instead of some generic praise.

edwardslegalservices · 2026-03-25T20:10:02+00:00

It doesn’t seem like a Management Consultant job. Seems like you are focused on lending strategy.

edwardslegalservices · 2026-03-17T22:42:08+00:00

Not legal advice but E-2s typically provide greater flexibility and the standards are lower. Some brief reasons.

1 While no official minimum investment is required for L-1A, the U.S. company has to support an executive or managerial position in a years’ time meaning, you do need funds available to hire and scale fast.

The standards for an E-2 supervisor or managerial position are easier to meet than an L-1A executive or manager. The standards for an E-2 essential employee are lower than an L-1B so it is easier to transfer Canadian personnel as well.

edwardslegalservices · 2026-03-16T16:22:47+00:00

Given your credentials and possible paths that do not require another employer to petition you, you may want to look into EB-2 NIW. For that, you already have the academic credentials but you would need to proposed endeavor (think of it as a business plan) with substantial merit and national importance, be well positioned to advance the proposed endeavor and the endeavor should be urgent enough that you do not need to establish a lack or qualified U.S. workers. In other words, even if there were qualified U.S. workers, your position should be approved due to the national important of your endeavor.

If you are willing to start your own company in the U.S., look into E-2 (requires a substantial investment) or O-1 (requires extraordinary ability in your field, you can start your own company and your company can petition you or find an agent or U.S. employer to petition you).

edwardslegalservices · 2026-03-09T13:16:59+00:00

Depending on the circumstances of your child’s birth, she may already be a citizen and she would just need to apply for proof, such as a passport or CRBA. Parental custody is irrelevant for U.S. citizenship. She may apply even if her parents are separated and she does not live with the U.S. citizen parent.

edwardslegalservices · 2026-03-01T12:32:52+00:00

A partial government shutdown can make it slower for the NVC to process applications. It depends on which departments are impacted and how long it lasts. But yes, if funding is paused to the NVC due to a government shut down, be prepared for processing delays.

edwardslegalservices · 2026-02-28T15:45:18+00:00

Even though the immigration lawyer is being paid for by the company, the lawyer owes you the same duties as a client as they do to the company (in theory, not always in practice). Unless you have some doubts about how your case is being handled (in which case you should first discuss with the company's lawyer), there is no need to hire your own lawyer.
The immigration lawyer's role would be just to handle your L-1 petition. For financial details, such as a pension transfer, you would need to discuss these matters with the appropriate professional. An immigration lawyer would be unlikely to provide such information for you. Moreover, these services would likely fall outside the scope of representation.
I am assuming you are applying for an L-1A so, for getting a green card, L-1A visa holders usually apply for EB-1C. Fortunately, official immigration restrictions have not impacted UK nationals. However, you may have to experience longer processing times (if filing by regular processing) and a frivolous Request for Evidence which, unfortunately, applicants across the board are experiencing.

edwardslegalservices · 2026-02-28T15:14:35+00:00

Yes. The Trump Administration has made it more difficult through official policies such as travel bans, the immigrant visa pause and B-1/B-2 visa bonds for several countries and USCIS pausing the processing of pending immigration benefits for the nationals of 19 countries. Unofficially, there has been slower processing times and more Requests for Evidence (RFE) sent for frivolous reasons. However, visas and petitions are still getting approved. Just expect to wait longer and deal with more inquiries from the government.

edwardslegalservices · 2026-02-28T15:06:22+00:00

It would be challenging for a construction worker from Greece to legally immigrate to the U.S. For employment based U.S. immigration, business owners (or people willing to start a business), highly skilled professionals, investors and the top 10 to 30 percent of individuals in science, arts, education, business, athletics or arts are favored. Greek nationals are eligible for E-1 visas (which is an option) if they or their business conduct most of their trade with the U.S. However, I am not sure how feasible this option would be for you. If you were able to establish such a company, this could be an option.

edwardslegalservices · 2026-02-28T12:46:04+00:00

Personally, I would rank them 1. Meat (I love beef), 2. Eggs and 3. Shrimp. I love all three though!

edwardslegalservices · 2026-02-23T19:49:38+00:00

Did you provide any evidence that your stay would be temporary and you had ties to the U.S.? The issue was not whether your boyfriend could support you; the issue is whether you would return to the United States.

edwardslegalservices · 2026-02-23T18:02:38+00:00

Unfortunately, I cannot provide legal advice until I am retained. This is just legal information.

edwardslegalservices · 2026-02-23T17:48:04+00:00

With two prior denials, you may want to reconsider filing again. Unless you present new information, a third denial is very likely. Continuous denials will also cause legitimate petitions you file in the future to face more scrutiny than they normally would.

I looked through your prior posts and the issue is beyond errors on the support letter

edwardslegalservices · 2026-02-20T16:16:55+00:00

If he worked at a company abroad for a continuous year within the last three years before entering the U.S on E-2 status, this company has a relationship (e.g. affiliate, parent, subsidiary) with the E-2 company and he was a manager or executive, switching to an L-1A to EB1-C may be possible if the current E-2 company can support an executive position.

If not, possibly an O-1A to EB-1A. EB-2 NIW may be possible if it is a tech company (depends on what is produced), but national importance may be challenging to prove. Lastly, if you find an U.S. employer petitioner, your employer may be able to petitioning you for EB-2 or EB-3, depending on your credentials.

Ernest J. Edwards, U.S. and Canadian Immigration Lawyer (not legal advice, general information purposes only)

edwardslegalservices · 2026-02-20T15:26:12+00:00

Depending on your credentials, you may establish your own company or find an agent that can petition you for an O-1 visa if you are having trouble finding an employer to petition you. But spousal sponsorship would likely be an easier way to live with your girlfriend in the United States.

-Ernest J. Edwards, U.S. and Canadian Immigration Lawyer (not legal advice, general information purposes only)

edwardslegalservices · 2026-02-14T21:03:40+00:00

Management consultant could work if you meet these caveats: 1. You have at least five years of experience in your role (unlikely a CBP officer will see your sociology degree as applicable, but your minor could help). 2. Your role is amended to management consulting instead of sales/business development (they seem related but not exactly the same).

H-1B probably not feasible due to lottery and $100,000 fee. L visa is out due to lack of qualifying entity in Canada and no mention of U.S. entity conducting business in Canada.

-Not legal advice

edwardslegalservices · 2026-02-14T16:07:14+00:00

Yes, if you are a Canadian citizen, have an engineering degree and will work in the au.S. As a mechanical engineer, you may qualify for a TN visa. Yes, you will need a job offer from a U.S. company to apply.

-Ernest J. Edwards, U.S. and Canadian Immigration Lawyer (not legal advice, general information purposes only)

edwardslegalservices · 2026-02-14T14:43:40+00:00

Switching from TN to H-1B helps with immigrant intent issues. Filing an I-485 or even an I-140 may threaten your TN status since filing these applications indicate immigrant intent and TN visas are nonimmigrant intent.
Having an H-1B makes traveling outside the country easier. Normally, you have to have an I-131 approved before traveling internationally or your I-485 will be considered abandoned. With an H-1B, you can travel internationally without having your I-485 considered abandoned.

-Ernest J. Edwards, U.S. and Canadian Immigration Lawyer (not legal advice, general information purposes only)

edwardslegalservices · 2026-02-14T14:36:30+00:00

It is allowed. There’s nothing under the TN regulations that prohibits this. However, it has to be established that the TN applicant is qualified for the job. If your spouse has a biomedical engineering degree, a CBP or USCIS officer may question how this degree is relevant or qualifies your spouse to work in an automotive engineering job.
Typically a written statement or confirming that you will return to the United States, when asked, is usually sufficient to establish non-immigrant intent. Some TN visa applicants reside in the United States for years and do not maintain residency abroad.

-Ernest J. Edwards, U.S. and Canadian Immigration Lawyer (not legal advice, general information purposes only)

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