An I-797 Approval Notice is Not Always Required for Entry to U.S. under TN Visa Status

Question: I’m a Canadian citizen with approved TN visa status, which I had obtained at the border. I've just been delayed at Pearson Airport because the U.S. customs official insisted that I have an I-797 form as proof of my TN visa. This is the first I've heard of this. Is this correct?

Reply: This is a frequent mistake made by USCBP border officers who are not familiar with TN visa status. There are three types of TN visa approval documents, which may be used for re-entering the U.S. under TN visa status:

• A TN visa stamp affixed to an individual’s passport, which is obtained by filing a DS-160 application at a U.S. consulate. (Citizens of Mexico must first obtain a visa stamp, and then an I-94 card is issued at the border.)
• An I-797 approval notice, which is only obtained by filing an I-129 petition by mail with USCIS. An I-797 approval notice for TN status will have an I-94 "card" located at the bottom. (Mexican or Canadian citizens may file an I-129 petition). 
• An I-94 card, which is obtained at the U.S. border after filing an application for initial TN status. (Only Canadian citizens may apply for TN status at the border.)

An I-797 approval notice is not a necessity for re-entry to the U.S. under TN visa status. For Canadian citizens, the main document required for re-entry is an I-94 card. See 8 CFR s. 214.6 (g) (1).  A citizen of Canada may enter the U.S. under TN visa status by presenting either an I-797 approval notice (with the I-94 at the bottom), or an I-94 card. Either document will suffice.

Can I Buy into the Company that Sponsored Me for a TN Visa?

Question: I am a Canadian Veterinarian working in the U.S. on a 3-year TN Visa.  I want to buy into the clinic where I work. Do I need a green card to do so or can this be done on the TN Visa?

Reply: Individuals should be cautious about obtaining an ownership interest in the company that has petitioned them for TN visa status.

The TN visa classification has a rule against self-employment, which generally means that an individual cannot obtain a TN through a company that he/she either solely owns, or substantially controls. See 8 C.F.R. s. 214.6 (b); and NAFTA Handbook. An individual may argue that he/she does not run afoul of this provision if he/she possesses only a minority interest in the company and lacks authority over the company’s actions.

However, applications where the applicant has an ownership interest in the petitioning company have a high denial rate. In fact, many immigration officers – improperly I might add – consider any ownership interest in the TN petitioner as improper.

TN Visa → J-1 Visa Waiver → Green Card Approval

Green Card	Case Info.
Case History / Issues:	Applicant was subject to the INA § 212 (e) two-year foreign residence requirement due to previously holding a J-1 visa. She later became a Canadian citizen, obtained TN visa status, and subsequently married a U.S. citizen.
Strategy:	Filed for and obtained a No-Objection waiver; then filed for Adjustment of Status.
Filing Process:	I-130 / I-485 application @ USCIS - Chicago Lockbox / San Francisco Field Office
Filed:	Oct. 2012
Biometrics Scheduled:	Nov. 2012
Employment Authorization / Travel Card Issued:	Jan. 2013
Interview Date:	Jan. 2013
Green Card Received:	Jan. 2013
Processing Time:	2 months, 20 days
Citizenship:	Canada
TN Visa Category:	Animal Scientist