TN Visa – Attorney Services
The TN Visa was created by the North American Free Trade Agreement (NAFTA) in order to facilitate a temporary employment in the United States for approved Canadian and Mexican citizens. The purpose was to strengthen business and trade relations between the United States, Canada, and Mexico. The applicants need to be qualified under one of the listed professions: Accepted NAFTA Professions and must adhere to non-immigrant classifications. Permanent residents of Canada or Mexico are not eligible for the TN visa. There is no yearly quota for the TN Visa which provides all qualified applicants the opportunity to be granted a visa.
The length of the visa is in increments of three years. If the participant wishes to extend their employment in the United States after three years, there is the option to renew. There is no limitation on the amount of times a participant can renew.
TN Visa Requirements:
- Citizen of Canada or Mexico.
- Qualified under one of the accepted NAFTA professions.
- Evidence that the position in the United States requires a NAFTA professional.
- Participant has prearranged a part-time or full-time job with the U.S. employer. Self-employment is not accepted for this visa. (Required Documentation).
- Evidence that the participant matches the credentials and educational requirements of the position.
Additional Requirements for Canadian Citizens:
- Canadian citizens typically do not need a NAFTA professional (TN) visa to gain entry into the US. However if the participant wishes to bring dependents (spouses and unmarried children under 21) to the United States, the participant must have a TN visa. The dependents are then eligible to receive a TD nonimmigrant visa.
- If the participant does not have a TN visa, he/she can apply for TN nonimmigrant status at a U.S. port of entry.
Additional Requirements for Mexican Citizens:
- Mexican citizens require a TN visa for entry into the United States. Once receiving approval Mexican citizens can apply for entrance at select CBP designated U.S. ports or at certain pre-clearance stations.
The process of renewing or extending your TN status can be carried out by filing Form I-129 along with proof of the TN status holder’s education/citizenship and a letter addressing the need for the extension. At the point in which the job or TN status officially expires, individuals are required to leave the country. Unlike the H1B grace period, TN visas do not have this leeway period.
TN NAFTA Recap
Mexican citizens are required to receive a visa in order to enter into the U.S. as TN nonimmigrants. To apply for a TN visa as a Mexican citizen, contact the U.S. embassy or Mexican consulate. Conversely, Canadian citizens are eligible for entry (as nonimmigrants) without a visa. The TN classification reflects this exemption. TN nonimmigrants may be professionals like engineers, teachers, scientists, accountants, etc.
How Our Immigration Lawyers Can Help:
- SGM Law Group provides assistance in completing the necessary documentation and works to give you the best chance in becoming an official NAFTA professional.
- Our immigration attorneys are capable of advising you on embassy requirements and processing your qualifications for the NAFTA professional position.
- The SGM Law Group facilitates communication among USCIS and the United States employer.
- Our TN Visa lawyers are experienced in providing TN Visa status to spouses and unmarried, minor children as well. Though, TN Visa dependents are not qualified to work within the United States.