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I Am Afraid that the Free Trade Officer at the Canadian Border or the USCIS Service Center May Deny My TN-1 Extension

6/5/2007

Dr. William:

I am a Canadian citizen working in US. My current status is TN-1. My employer filed a labor certification application for me, and TN status will expire in a month. I am afraid that the Free Trade Officer at the Canadian border or the USCIS Service Center may deny my TN-1 extension, as I filed a labor certification application. What should I do?

A: TN-1 is a temporary visa that needs intent to return to Canada upon completion of the one-year temporary work. Unlike the H-1B, TN does not enjoy dual intent.

But filing of labor certification application does not in itself constitute such an intent not to return to Canada. In your case, you are in a very early stage of the immigration process, waiting for the labor certification application. Accordingly, you are not likely to face a serious problem either at the border or at the USCIS Service Center, in obtaining extension of TN status for another year.




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