Question

[Justinw]

There is a wife and a husband, both born Canadian Citizens. She is currently seeking "a Physical Therapy position. If she moves to the states on her own gets a job on a TN visa and after 6 months of working her employer would like to apply for the Green Card for her. What happens to the spouse? Will he be able to move to the states with her and work? He is unable to to obtain any visa on his own and doesnt have a "degree".

thanks.

[Kayalami]

1. Spouse and dependent unmarried children (under 21) of TN holder may get TD status. As Canadians this can be granted at the border where prrof of citizenship and the sponsor's TN status is provided (notarized copy of I-94).

2. TD status does not authorize employment.

3. Green card petition would require those in 1 to be listed. When GC obtained they get it too. Until then only the TN can work subject to continuing TN status.

4. Given TN is non immigrant and issued in 12 month sessions then difficult to obtain fresh TN either at a PEO or by in country extension after a GC petition which could take anything up to 5 years. For this reason I suggest you see an immigration attorney hot on TN to GC status - they may recommend doing such via H1 depending on quota and the wife's education/skills or perhaps even GC through National Interest Waiver.

good luck