Posts Tagged ‘what is a TN visa’
What is a TN Visa
Are you a Mexican or Canadian citizen and would like to work in the United States? Do you have a professional occupation that is recognized in the U.S. under the NAFTA agreement? Are you curious or unclear on how to apply or start working in the U.S.? This process is referred to as a TN Visa. Specifically, in the U.S., a TN Visa is defined as a visa that allows nonimmigrant NAFTA professionals, such as Mexican and Canadian citizens, to be authorized to work in the U.S. for a U.S. employer. Due to the North American Free Trade Agreement, better known as NAFTA, Canadians and Mexicans are able to create an economic relationship with the U.S. Thus, the TN Visa gives Mexican and Canadian citizens the opportunity to either pursue business or career opportunities or business activities within the U.S. for an authorized period of time. The process can seem confusing if you’re not familiar with immigration; however in this article, I will explain the processes and steps required in order to obtain a TN Visa in the United States.
Am I Eligible for a TN Visa
The NAFTA agreement between the U.S. and Canada and Mexico requires that professionals come to either country to better their economy. Professionals that are eligible for the TN visa can include professions such as accountants, lawyers, teachers, engineers, scientists, pharmacists, and more. If you fall under one of these categories, there are still some more requirements that you must consider before applying for a TN visa. For instance, you may be eligible for a TN nonimmigrant status if: you are a citizen of Canada or Mexico; your profession is listed within the regulations; an employment opportunity in the U.S. requires a NAFTA professional; you have obtained a prearranged job opportunity in the U.S. with a U.S. employer; and you have the appropriate qualifications to work under the designated profession. Please note that if you are self-employed wanting to work in the U.S., you will not qualify as the employer issuing you the employment must not be yourself.
There is a difference between a Canadian citizen applying for a TN visa compared to a Mexican citizen applying for a TN visa. Canadian citizens generally do not need a visa for admission to the U.S.; however, Mexican citizens do. Similarly, for a TN Visa, Canadian citizens are not required to apply either. Keep in mind, NAFTA will ultimately determine which evidence is required from Canadian and Mexican citizens to prove whether they are a professional that is qualified.
How to Apply for a TN Visa
As a Canadian citizen, as aforementioned, you do not need to apply for a TN visa in the U.S. Be that as it may, if you would like to qualify for the TN classification, you will need to present the appropriate documentation to the U.S. Customs and Boarder Protection (CBP) officer at certain ports of entry or at a pre-clearance inspection station. Specifically, the documentation that you must provide to the officer is listed below.
You may want to apply yourself and submit the requested documentation on your behalf. Or, alternatively, you may allow your prospect employer to submit the application on your behalf from inside the U.S. However, the employer would have to submit their own applications forms as well, if they do submit on your behalf. If the application your employer submitted is approved, then you will have to also submit an approval notice from USCIS. Both you and your employer should have a record of the Petition for Nonimmigrant Worker form to provide to the CBP officer, in addition to the required documents, should the officer ask you any follow up questions.
Unlike Canadian citizens, Mexican citizens must obtain a visa prior to entering the U.S. as a TN nonimmigrant. In order to obtain the visa, Mexican citizens are required to apply at a U.S. embassy or the consulate within Mexico. After submitting the application at either location, and should the application be approved, then you are able to apply for admission at certain ports of entry or at a pre-clearance inspection station.
- Certification of Canadian citizenship
- Employment letter describing your job title, description, duties, length of employment and educational qualifications while in the U.S.
- Evaluation of Credentials (if this applies to you)
- Proof of payment of application fees
Period of Stay for TN Visa
When you finally receive your TN Visa to enter the U.S., the initial period of stay can be up to a 3 year period. There are ways for extending your period of stay in the U.S. while you are still working. You must first apply for an extension. The extension application can be submitted by you or your employer. In contrast, if you have already left the U.S. before your period of stay expired; you may once again apply, using the same initial application and documentation, for a TN visa at certain ports of entry or at a pre-clearance inspection station using.
Contact Akrami & Associates to Apply for a TN Visa
It is essential that you have taken all of the aforementioned requirements and documentation into consideration before you attempt to apply for a TN Visa. TN Visas are difficult applications to pursue on your own, if you are unfamiliar, and it is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients travel to the U.S. for business matters through the TN visa and they are now happily working in the U.S. If you believe that you may be eligible for a TN visa, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advise.
With Akrami & Associates, there is always a way!
The TN visa was created as a result, of the free trade agreement that was signed by all the countries in North America. Eligibility for a professional to get a TN visa under the North American Free Trade Agreement (NAFTA) is as follows:
- The applicant must be a citizen of Canada or Mexico;
- The profession of the applicant is on the NAFTA list;
- The position the applicant has attained in the United States requires a NAFTA professional;
- The applicant must work in a prearranged full-time or part-time job for an employer;
- In addition, the applicant must have the specific qualifications that are required for the job, as well as the specific education, and/or experience required for the profession.Self-employment is not permitted and does not fall under the TN visa requirements and does not qualify as a NAFTA professional. If you are not a Canadian or Mexican citizen, you cannot apply for the TN visa. Persons with Permanent Residence do not qualify for the TN visa.There are different requirements for Canadian citizens versus Mexican Citizens when coming into the United States as a NAFTA professional. Although Mexican Citizens always require TN visas to request admission into the US, in some cases for Canadians, they do not need a visa. As a NAFTA Professional and a Canadian citizen, you usually do not need a visa as a NAFTA Professional, although the visa can be issued to a qualified Canadian for the TN visa, upon request.
As a Canadian citizen, you can apply for a TN non-immigrant status at a US port-of-entry, which is an alternative to getting a TN visa.
There are some instances when a NAFTA Professional (TN) visa may be required for Canadian citizens. In cases where a Canadian, who does not have a TN non-immigrant status, lives in a third country that is not Canada or the US, with a non-Canadian spouse and/or children, who wants to enter the US as a NAFTA professional at the same time as one of their family members. They will need a TN visa in order for the family members to be eligible to apply for derivative TD non-immigrant visa(s).
There are certain situations that may make a visa applicant ineligible for a visa, which are called visa ineligibilities, and these situations may deny you from getting the visa. Some of these situations are:
- Health related grounds,
- Criminal and related grounds,
- Security and related grounds,
- Public charge,
- Illegal entrants,
- You had previously removed from the US, and many other reasons.For some of these ineligibilities, there may be a waiver of ineligibility they may be able to get, which then would qualify them to receive the TN visa.
Contact Akrami & Associates
Qualifying for a TN visa is not as simple as you may think. Do not hesitate to contact us; someone from our legal team will be happy to answer any questions you may have.
What is a TN Visa?
Do you have a job offer from United States and wondering which visa is right for you to apply? Most professionals from Mexico, America and Canada do not know how to get through the visa process when it comes to transferring themselves from any of these countries to work and fulfill their professional duties. Under NAFTA (North American free trade agreement) you can apply for a category called TN visa. TN Visa is created through the North American Free Trade Agreement for the sake of business and travel purposes for the three counties that are borderly well connected. Also, this agreement enables them to be able to have rapid exchange of professionals easily through a not so complicated immigration procedure. TN visa is for non-immigrants, so other individuals apart from citizen’s category are not allowed to apply as employees in the United States as foreign workers. A lot of professionals are acknowledged into the United States at the border. This particular visa is similar to another visa called an “H-1B visa”. The TN visa is most easy for professional Canadians and Mexicans to obtain, but they will not be subject to a yearly control for the H-1B visa. This article will just explain the basics of a TN visa such as what it does, what is the use of it, what the requirements are, eligibility criteria and so on.
A TN visa or as it is called a TN status is a distinctive non-immigrant category that they use in the U.S., and is inclusive to individuals of Canada and residents of Mexico. This visa basically grants any Canadian and Mexican individual the opportunity to work in each other’s countries in specific specialized professions. This visa is pretty similar to another visa in the United States that is called H-1B visa, but a little bit different from each other. With the TN visa, an Canadian citizen, and a Mexican citizen can be employed up to three years but after that the visa must be renewed.
TN Visa Eligibility
The professionals who are intending to work in any of these countries under NAFTA agreement, has to meet eligibility criteria. In order to be eligible for a TN Visa an individual must meet the requirements. Some of the requirements are listed below:
- the individual must be a citizen
- the occupation that they are employed under must qualify under the NAFTA regulation
- must have a full-time or part-time job in United States
- also must have some sort of experience or qualification in the profession that you will be undertakin
Can a Canadian citizen work in U.S. with a TN visa?
A Canadian individual may be allowed to work in U.S. if:
There are certain jobs and occupation that is only eligible for TN visa. Some examples of those jobs that would be available on this list are:
- the individual qualifies under something called the “Professionals under the North American Free Trade Agreement” document
- a citizen who is Canadian will work in U.S. for an employer
- a Canadian citizen fits that certain criteria for that profession
- Accountant: Baccalaureate of Degree
- Computer Systems Analyst: Baccalaureate of Licenciatura Degree
- Engineer: Baccalaureate of Liceniatura Degree
- Librarian: M.L.S. or B.L.S
TN Visa Applying at the Port of Entry
If a Canadian wants to apply for a status and wants to apply at the U.S. Port of Entry, the individual must:
After they show all required documents at the port of entry, the constable or consultant will arbitrate the application and will allow either approval or denial.
- apply under TN category
- show proof of Canadian citizenship
- show proof of their employment offer
- show some kind of document with their education, and experience from the past
Mexican Citizens applying for TN Visa
Mexican citizen are required to obtain a visa to enter the United States as a TN nonimmigrant. As a Mexican citizen, you should apply for a TN visa directly at a consulate in Mexico or U.S. embassy. You will have to check the U.S. Department of State webpage under the “Mexican and Canadian NAFTA Professional Worker.”
Once you get approval for a TN visa, then you may apply for admission at CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You will have to refer to CBP’s website for additional information and requirements and to apply for admission to the United States. If a CBP officer considers you eligible for admission, then you will be admitted as a TN nonimmigrant.
How long could you remain in U.S. with your TN visa?
A TN visa or TN status should be good for three years, but this only refers to certain employees for which it was initially requested. If by any chance a company changes their employer, it will necessitate them to start the TN application from scratch. All visa’s and work permit must be renewed after a certain period of time. The TN visa would be renewed by mail within United States, or you as an individual must return to the border and present the new application to them. In certain situations the TN status may be renewable indeterminately for additional period of time.
If you wish to stay longer in the United States beyond expiry date or your initial period of stay without leaving the United States, you must seek an extension to stay. If you are an employee in the United States, your employer may file Form I-129 on your behalf. Also, as an alternative you may depart from the United States before the expiry date of your status, and after that, once you are abroad, you may apply at a CBP-designated U.S. port of entry or you can also apply at a designated pre-clearance/pre-flight inspection station. You can use the same application and documentation procedures that are required at the time of your initial application for admission.
Dependents of TN Nonimmigrants
Working in a different country does not mean that you cannot live with your loved ones. When people talk about TN visa, they assume that it can only be obtained individually and their family cannot qualify to accompany them. There is good news for people who want their family members to accompany them for as long as they are working abroad. The good news is that any accompanying or “following to join” spouse and children under the age of 21 may be eligible for TD nonimmigrant status. There are conditions for family members if they want to be considered eligible to stay together as a family while the principle visa holder is working abroad. The conditions are listed below:
- no family member is permitted to work while in the United States, but they are permitted to study
- family members are granted TD status for no longer than the period of time the TN visa is granted to the principal TN nonimmigrant
Benefits of TN Visa
- There are pros and cons in having a TN visa. The Pros of a TN visa is that the visa is valid for three years and the procedure is somewhat similar to the H-B1 visa. Another plus side is that the visa is really simple to apply for unlike other work visas such as LMIA and H-B1. Another way of applying for the TN visa would be by submitting the application and documents to the USCIS.
Disadvantages of TN Visa
- There are also some cons to this visa category. Some of the cons of TN visa are things like, it applies to specific group of professions, which will make plenty of individuals unqualified. Not everyone is as qualified individual to be able to apply under this category. Everyone must qualify with a profession under the occupational list in order to be eligible for the TN visa. Just like everywhere else in the world for the most part, a lot of professions require advance qualification like degrees or bachelor’s etc.
Contact Akrami & Associates
If you want TN visa and want to accompany any of your family members or If you just want to work in the United States alone as an employee and need assistance with your TN visa application, please do consider Akrami & Associates for all your legal needs. Our team of dedicated consultants and lawyers will take good care of you by presenting the best possible case for you and your loved ones.
With Akrami & Associates there is always a way.
What is a TN visa?
A TN visa allows you to work in the U.S. temporarily. But there are restrictions to obtaining a TN visa.
What are the steps to obtaining a TN visa?
You will be eligible for a TN visa if all of these requirements are met. One of the advantages of a TN visa is it is approved quicker. But there are steps involved and they will be outlined in better detail below.
- You must have Canadian or Mexican citizenship
- The position must be under the NAFTA list of occupations
- You must be employed under an American employer
- The position should be arranged from before (either part-time or full-time)
- The position requires a NAFTA professional
- And you must fulfill the criteria that is associated with the profession
Do Canadian citizens require a TN visa?
A TN visa is not required for a Canadian citizen. The next step for if you are a Canadian citizen, you would go to a U.S. port of entry at a CBP (Custom and Border Protection). There you will show your documentation. In addition your employer can petition for you on your behalf by filling out “Form 1-129” to the USCIS. If approved, then show approval notice to the CBP officer.
What documents do I need to show CBP officer as a Canadian citizen?
- Proof of Canadian citizenship
- A letter from your U.S. employer that states the professional capacities in which you will work there (i.e. the purpose of the job, how long you’ll work there, the term, etc.).
- Credentials evaluation
Do my spouse and children require a TN visa?
If you have a spouse and children who are single and under the age of 21, they will require a TN visa. You must show proof of their citizenship as well as your relationship to them (i.e. marriage certificate and birth certificate). They will be in admitted in as TD non-immigrant status. Your spouse will not be permitted to work but she and your children can study while there.
I am a Mexican citizen do I need a TN visa?
If you are a Mexican citizen you will need to apply for a TN visa. Once received you will go to a U.S port of entry and show the appropriate documentation to the CBP officer. In addition you will need to provide proof that you plan on returning once your term is over and will maintain your TN non-immigrant status. If one of your TD dependents decides to travel after approval of extension and expiration, then they would need to re-apply for a TD visa at a U.S. consulate or embassy.
How to submit a TN application?
There are several steps you need to take in order to apply or a TN visa. You must first begin by completing an online Non-immigrant Visa Application and you submit a photo online. That is the first step you need to take if you want to get a TN visa.
Schedule an Interview
This is the next step that needs to be taken. Interviews are usually not required for anyone 13 and younger or 80 and older, but it is up to the discretion of the officer reviewing your case to decide whether they would like an interview or not. If you fall within the 14-79 age groups, you must schedule an appointment for your visa interview, which is usually at the US Embassy or Consulate in the country where you are residing in at the time.
Preparing for your Interview
The application fee is $160, which is a non-refundable application fee and you are required to pay it before your interview begins.
What documents do I need for TN visa?
Next, you would have to gather all the required documentation that is needed for your visa interview. The documents are as listed:
- A valid passport to travel to the United States, and it must be valid for at least six months beyond your period of stay in the United states,
- Non-immigrant Visa Application, confirmation form,
- Application fee payment receipt, which you are required to pay and bring proof of that to the interview,
- Photo, when you uploaded the photo online but it did not work, you must bring a copy to the interview,
- A contract or letter of employment in the United States to show that you have a job offer, there are certain requirements that must be included in the letter, and
- Documentation that proves you have met the minimum education and/or work experience that is required for the job, there are specific documents that may be submitted to demonstrate these. There may be additional documents that might be required to help establish if you are qualified. Sometimes proof of a license for your given profession is not required, but should be brought into considered to bring along, just in case you are accepted into the US. You may need that licensure to practice a given profession. Your spouse and children may apply for TN visas to accompany you to the United States or join you later. You need to be able to prove your ability to financially support your family when you are in the US.
Attend your Visa Interview
During your interview with the officer, they will determine whether you are qualified to receive a visa and if so, which visa category you qualify for based on your purpose of travel.
Contact Akrami & Associates
As you can tell, there are a lot of steps that need to be taken to move your TN visa application along and many documents are required for the interview. Allow our legal professionals to answer any questions or comments you may have or to help you given compiling your application package for your interview. Do not hesitate to contact us at 416-477-2545 or call our toll free number at 1-877-820-7121