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Frequently Asked Questions - TN Visa

  1. Canadian with J-2 visa
  2. J-2 to TN
  3. TN Visa denied
  4. Holding Company Stocks on TN Visa
  5. TN Holder laid off
Canadian with J-2 visa

I am a Canadian with J2 visa. I am an engineer and want to work in US to keep up with my career. I am going to apply for ">EAD. If I don't get, can I switch from J2 to TN. Can my kids still stay on J2?

You can switch back to TN from J-2. What you do has no effect on the children. They derive their status directly from your J-1 spouse.

J-2 to TN

I am Canadian citizen & currently working on TN visa. My spouse is on J1 visa. I want to switch to J2 and get ">EAD. After couple of years he will apply for waiver and will move to H1. I believe I will be switched to H2 automatically as his dependant and my EAD will be void. Will that be possible at that time that I can switch back to my TN status?

You can switch back to TN. To correct slightly, you do not automatically get switched to an H-4 (not H-2).

TN Visa denied

I am a pharmacy graduate from India and a Canadian national. I passed my FPGEE Examination and hold a Intern Pharmacist License from Michigan Board of Pharmacy. I have been twice denied TN Visa saying I don't have Pharmacist License from US or Canada. I have been advised by the officer to apply for H1B visa. Recently, I read on State Department Website that License is not a prerequisite for YN visa. But my TN visa request was refused.

NAFTA clearly implies that you do not need a license (if you work under a licensed pharmacist).


Pharmacist—baccalaureate degree, licenciatura degree, or state/provincial license.

Holding Company Stocks on TN Visa

I am on TN visa for the more than a year. The company wants to give me some stock option (10-15%). Is that ok to hold stocks of the company you are working for on TN visa, or will it create problem when I apply for renewal of my TN visa. Can I apply for GC on TN visa?

I see no issue with holding stock, but that will be a problem for PERM-based green card. Also, processing green card under TN can be problematic.

TN Holder laid off

My husband was recently laid off after submitting an I-130. He is a Canadian citizen on a TN visa. He is still living in the US, all though his TN requires him to go back to Canada if he is not employed. The I-130 was approved, and now ">USCIS would like the I-485 change of status. This requires him to state his employment. Since he is not employed should we notify USCIS that he is moving back to Canada? Or should he apply for an ">EAD along with the I-485? What is the best approach?

Do not be alarmed. If you are a US citizen, there should be no issues.

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