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Can I visit us as B2 while waiting to start a job on TN

Discussion in 'Investment, Work Visa' started by James Brown, Jan 18, 2022.

  1. James Brown

    James Brown Law Topic Starter New Member

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    Hello,

    I am a Canadian citizen and have a job offer with a US company that starts in 1 month and I will be working on a TN visa.

    I am currently in Canada, can I go visit my sister who lives in the US. I will be on a B2 for a bit while I wait for my job start date in about a month. Then before my start date I will come back to Canada and then re-enter on the TN. I when in the US as visitor I will not be working just escaping the cold weather.
     
  2. army judge

    army judge Super Moderator

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    TN = North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada. TD

    Are you willing to TRUST the advice or counsel deriving from ANONYMOUS individuals on the internet for IMPORTANT matters?

    I suggest you ask the applicable officials at the US Consulate or Embassy located somewhere in "The Great White Northland".

    You could alternatively contact an official from the US Citizenship and Immigration Services and ask one their specialists ALL of your questions:


    Working in the United States



    TN NAFTA Professionals



    TN NAFTA Professionals
    The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

    Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may be eligible for TN nonimmigrant status, if:

    You are a citizen of Canada or Mexico;
    Your profession qualifies under the regulations;
    The position in the United States requires a NAFTA professional;
    You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment - see documentation required below); and
    You have the qualifications to practice in the profession in question.
    Eligibility Criteria
    Unlike Mexican citizens, Canadian citizens are generally eligible for admission as nonimmigrants without a visa. The TN category, a nonimmigrant classification, simply reflects this general exemption from the visa requirement. NAFTA governs which evidence is required to prove whether a Canadian or Mexican citizen is a professional in a qualifying profession.

    Canadian Citizens
    If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate.

    You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer:

    Proof of Canadian citizenship;
    Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications; and
    Credentials evaluation (if applicable), together with any applicable fees.
    Please refer to CBP’s website for additional information and requirements for applying for admission to the United States. If a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant.

    Alternatively, a prospective TN employer may choose to file on behalf of a Canadian citizen who is outside the United States by submitting Form I-129, Petition for Nonimmigrant Worker to USCIS. Premium Processing Service is available.

    If USCIS approves Form I-129, you, the prospective worker, may then apply to CBP for admission to the United States as a TN nonimmigrant by providing the following documentation to a CBP Officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station:

    Proof of Canadian citizenship; and
    Approval Notice from USCIS for Form I-129.
    In addition, when applying for admission, you should have in your possession a copy of the Form I-129, and all supporting documentation that was submitted to USCIS, to respond to questions about your eligibility. You should also be prepared to pay any applicable inspection fees at the time you seek admission. If a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant.
     
  3. flyingron

    flyingron Well-Known Member

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    As long as they don't get the inkling that you're going to work if you are here you should be OK (and you should obviously not plan to do that). Why do you think you need a B2 visa to visit?
     
  4. Disabled Vet

    Disabled Vet Well-Known Member

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    I went to Canada back in September to fish. No reason you can't visit the U.S. if you meet the requirements to enter the U.S.
     

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