My husband and I are currently living in the United States. He is here on a L-1A Visa, and I am on a L-2 visa. I am looking for employment on the basis that I qualify for a TN visa. Is there anything special that I would have to do upon receipt of a job offer (given that I am already in the US)? Should I return to Canada and apply for the TN visa on re-entry? Also, if my husband should try to have his employer petition for permanent resident status, how would this affect me?

Although this may sound a little self-serving, I always recommend that you seek professional advice in the preparation of an immigration-related submission, even if it is for TN status. This is even more applicable if you are filing for a change of status rather than doing a border application.

Since you are in the United States already, you can apply for a change of status from L-2 to TN by filing a revised Form I-129 with the Nebraska Service Center instead of going back to the border. You can also leave the country and apply for TN status at a port of entry.

From a purely monetary point of view you may prefer to do a border application instead. This is because the filing fee for a change of status is $155.00US and the fee for a new TN application at a port of entry is only $50.00US. Also, TN applications at a port of entry are done on the spot while a petition for change of status to TN can take a month. In the meantime, you would not be permitted to work for your new employer.

However, the TN category does not recognize dual intent as is the case with the L-2 dependent category. This is because the presumption of immigrant intent applies to TN applicants. You must be prepared to establish that you have no intention of residing permanently in the United States.

If you were personally the beneficiary of a petition for permanent residence and had been asked about it at a port of entry, they would probably refuse your application for TN status when you disclosed it. Failure to disclose the fact would expose you to an accusation of material misrepresentation.

In the present case, a petition for permanent residence would not be filed on your behalf but rather on behalf of your husband. This processing has nothing to do with you. The parties involved in this case are your husband and his employer. Although you would have derivative status as his spouse once the petition was approved, you are not technically the beneficiary under that petition.

Whether or not you are obliged to disclose this fact if the INS asks about petitions for permanent residence filed on your behalf is not entirely clear. However, even if you do disclose it (only if you are asked about it) you can still argue that the petition filing is between your husband and his employer and has no relevance to your own intention to remain permanently in the United States.

In conclusion, I would not be too concerned about this issue. However, if you wish to avoid problems, you may wish to consider a change of status instead of a border application. This is because the issue of immigrant intent usually comes up at the time of admission to the United States. By changing status while in the United States, the issue of your immigrant intent will not come up. However, you may still be questioned if you leave the United States and then seek readmission as a TN worker.