TN visa and Permanent Residence

TN Visa

Law for TN Visas

TN Renewal

TN Requirements

"A" Ports of Entry

Residence

(604) 495-6392

The TN classification may only be conferred on persons seeking temporary entry without the intent to establish permanent residence. In doing so, the agencies declined to apply the concept of "dual intent" to the TN classification.

"Dual Intent" allows H-1B and L nonimmigrants to retain nonimmigrant status even when they have made an application for permanent residence. In order to overcome the presumption of immigrant intent, a TN professional must establish that his work assignment in the U.S. will end at a "predictable time". TN professionals do not, however, need to prove that they are maintaining a foreign residence during their U.S. stay.

Once permanent residence papers are filed, TN aliens will have difficulty obtaining TN status. The TN professional must establish his or her nonimmigrant intent and the filing and approval of an immigrant petitition, while not dispositive, is a relevant factor in determining whether TN aliens are legitimate nonimmigrants.