Q: I am currently in the United States on a TN Visa. Am I eligible to file for a H-1B petition?

If you are in the U.S. on TN visa, you may file for change of status petition to H-1B status.

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Q: Can I apply for green card while I am in TN status?

TN visa holders, unlike H-1B and L1 visa holders, do not have the presumption of immigrant intent. Therefore, we do not recommend that TN visa holders apply for permanent resident status in the U.S.

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Q: What occupations are eligible for TN status?

Specific occupations that qualify for the TN nonimmigrant classification are listed in Appendix 1603.D.1 to Annex 1603 of the NAFTA and are reproduced in DHS regulations at 8 CFR 214.6(c). Generally, eligible professionals (Canadians and Mexicans) are required to have at least a bachelor’s degree or appropriate credentials demonstrating status as a professional. TN nonimmigrants seeking entry into the U.S include but are not limited to accountants, engineers, lawyers, pharmacists, scientists, and teachers.

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Q: Can I start my own business in the U.S. while I am in TN status?

TN visa holders require employer sponsorship. As such, TN visa holders may not operate their own business in the U.S.

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Q: Can I have multiple TN visa with different employers?

Yes. However, you must submit multiple TN visa petitions for each additional employer that will employ you while you are in the U.S.

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