TN Visa Lawyer
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.
There are two different types of TN status in which these citizens can apply for. A TN-1 is for Canadian professionals and a TN-2 is for Mexican professionals. 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.
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.
- Evidence that the participant matches the credentials and educational requirements of the position.
TN-1 Requirements for Canadian Citizens:
Canadian citizens typically do not need a NAFTA professional (TN) visa to gain entry into the U.S. 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. TN nonimmigrant status can be applied for at a CBP-designated U.S. port of entry.
You must provide the following documentation to the CBP officer:
- Proof of Canadian citizenship.
- Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications.
- Credentials evaluation (if applicable), together with any applicable fees.
TN-2 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.
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 number of times a participant can renew.
Dependents of TN Visa Holder
The TN visa holder’s spouse and/or children under the age of 21 may be eligible for TD nonimmigrant status. This status allows dependents to enter the U.S. with the TN visa holder and be granted the same period of stay. There are some restrictions to the TD nonimmigrant status for dependents. Spouses and children are not permitted to work while in the United States, but they are permitted to study.
Dependents can apply for admission into the United States at a CBP-designated U.S. port of entry or at a designated pre-clearance/pre-flight inspection station.
TN NAFTA Recap
Mexican citizens are required to receive a visa in order to enter 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 of 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.