Comment by proberts
Comment by proberts 2 days ago
Legally, the correct answers are No and Yes.
Comment by proberts 2 days ago
Legally, the correct answers are No and Yes.
Peter already replied to this elsewhere in the thread. To a question
"Maybe a dumb question, but... I'm a Canadian who would qualify for a TN visa if I worked in the States, but don't currently have a visa or green card. On the online submission form for job openings, it always asks 'Are you legally entitled to work in the US?'. Am I meant to answer yes or no to that?"
Peter replies:
"Unfortunately, the correct answer is No because until you have the TN, you are not legally entitled to work in the U.S. Of course, this means that you will be excluded automatically for consideration of certain jobs."
Thanks! That definitely answers question 1) a little better.
I think It's not sponsorship in terms of what you hear about for h1b. But if you need a "Job Offer" before getting a TN (as someone upthread mentioned) that itself is a form of sponsorship, since you still need something from that company before you can work.
"Sponsorship" is not a legal term but like an H-1B, it requires a job offer so it is not just an individual filing. Broadly, there are two ways to get a TN, one by applying with U.S. Customs and Border Protection with a letter from an employer and the other is for that employer to file a TN petition with USCIS. When the latter approach is taken, the employer must complete, sign, and submit forms as the petitioning (read, "sponsoring") employer and these forms are many of the same forms that an H-1B petitioning employer must submit. So, "sponsorship" by an employer is required for those seeking to work in TN status.
Thanks Peter for your answer. I’ll be sure to apply this advice going forward.
With that being said, from seeing the replies to my original question, would you mind expanding on your answer a little more? I’m sure many of the other commenters in this thread would appreciate some more clarity here.