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Questions and Answers > EB-5 Forms

How can I apply for a TN visa while my EB-5 I-526 is pending?

Given the long wait times for I-526 approval and then subsequent employment authorization, will I be allowed to apply and work under a TN visa while my EB-5 application is pending? Would I first need to receive a TN and then file I-526? What would you advise?

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Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Best to do TN first and then I-526 if you have not filed and set up the I-526 for consular processing (you can later change to adjustment) to show your nonimmigrant intent.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    If you need to work in the U.S. soon, then you could obtain TN status. If you have been in TN status in the U.S. for an extended period of time, then you could file an I-526.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is recommended you apply for and get admitted on TN. Keep in mind TN status requires showing a nonimmigrant intent/ties to your home country. When you file an EB-5 immigrant petition (I-526), it is advisable to indicate consular processing. You may apply for AOS, including employment authorization and advance parole concurrently with I-526 if eligible. Discuss your options with an experienced immigration attorney.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The TN visa does require temporary intent so having the petition on file is an adverse circumstance. However, it is up to the officer and if you can show you have no intent to adjust status, the officer may decide to issue the TN provided you show you have not permanently severed your ties with your home country.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    It would be advisable to obtain TN status prior to filing your EB-5 petition due to the "non-immigrant" intent required for TN status. That being said, it is possible to obtain TN status after filing Form I-526 - if you are filing Form DS-160 you have to confirm that you have a pending I-526 petition but you can also state that your present intent is to work temporarily in the U.S. and once your I-526 petition is approved you will complete consular processing abroad.