Posts Tagged ‘who needs a TN visa’
What is a U.S. Work Visa?
A US work visa allows you to work in the U.S. There are many different kinds of work visas. Some of them are listed below:
- Allows professionals into U.S. labour market
- Allows professionals to work in specialty occupations that require some sort of a degree
- Initial term is up to 3 years
- Can be renewed only up to 3 years to a maximum of six years in the U.S.
- For skilled and un-skilled workers
- Allows a Canadian or Mexican Citizen to work in the U.S.
- Can be renewed indefinitely
To obtain these visas you will need special authorization to do so. This can be done by obtaining the visa specific to it. In addition each of these visas has their own unique set of requirements for them.
You are also permitted to bring in your spouse and unmarried children (under the age of 21) to the U.S. However you will need to obtain a document for each of them. They would be classified as dependants under you. For the TN visa, they would be classified as TD dependents, H4 dependents under the H-1B visa, etc.
You can apply for these visas at a U.S. consulate or embassy from your country. Or for more convenience, you can apply at a port of entry. However if you know you are inadmissible it would be recommended to not apply at a port of entry but instead at a U.S. consulate or embassy and to fix your inadmissibility.
- Allows U.S. employers to send employees to the U.S. to a branch, subsidiary, affiliate, parent, etc.
- Can apply for a US Green Card later
What are the advantages of getting a TN visa?
1. Permission to work in the US
The TN visa allows you to work as a professional in the United States job market and work in a professional capacity. This visa allows you to work and not worry about going through a complicated application process.
2. Indefinite Renewal
Unlike the H-1B, which has a maximum of 6 years limitation period, the TN visa has no maximum renewal time. The TN visa can be renewed as many times for periods of up to 3 years at a time. This is especially convenient for people who do a lot of business in the United States and those who have more job opportunities available to them in the United States.
3. Rapid Processing Time
Unlike every other application handed into immigration Canada, the TN visa application can be handed in at the border with a decision rendered within the same day. There is no long wait; it’s a black and white application. Whether you qualify or not, it does not waste your time or leaving anything up to chance.
4. Special Status Granted to Dependants, TD Status
Dependants of a person applying for the TN visa may apply for a TD status allowing them to accompany the TN visa holder into the United States without having to apply for a visa or go through any long application to be allowed entrance to the US. This is very convenient and it will help keep families together.
5. No Need for a Visa
You are not required to go through the complicated, long consular process to obtain a visa or change your status through the USCIS. All you need to do is make sure you have the proper paperwork, go to any port-of-entry (at sea or land), and ask for TN status. It is as simple as that.
6. Low Application Fee
The applicant only has an estimated $50 application fee if they apply at the border or a $110 application fee if they apply while within the US. Unlike typical visa or work permit applications which can cost up to thousands of dollars. There is a significant difference in the costs incurred when applying for a TN visa in comparison to other applications.
7. No Quota
This is the most beautiful thing about the TN visa, there is no annual quota of applicants allowed to be granted the TN visa throughout the year. An officer is permitted to allow as many applicants as they would like into the US without worrying about there being a cap on the number of TN visas they can give out. That is only if the applicants are qualified to receive the TN visa.
How Akrami and Associates can help!!
If you are unsure what type of visa you require or how to obtain one then don’t worry this is where we come in. Our immigration experts have great deal of experience with filing US visas, if you like to obtain further information on TN visa or any other visa then please do not hesitate to contact us at 416-477-2545 and one of our legal team members will be glad to assist you with your immigration matters.
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?
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
If you want to travel to the U.S. temporarily to work, then the TN visa is for you. The TN visa allows you to work in the U.S. for a 3 year term that can be extended over and over. You can apply for a TN visa at a port of entry if you are Canadian but if you are Mexican you will need to apply at a U.S. Embassy or consulate from Mexico.
The documentation you must provide include:
- Identification (i.e. passport or citizenship card)
- Your relationship to your spouse and children (i.e. you can show your marriage certificate and your children’s birth certificate)
- Your worker agreement with your employer
- Bringing your resume along with references is recommended
- The job offer that states your job, the conditions in which you will work in
- The job for which you’ll work must be enough to maintain your family
Your job also must meet the requirements of the TN visa:
As a NAFTA professional you are allowed to bring your family members who can be your spouse and children who are under 21 years of age and single. You cannot bring your parents or siblings. They would be classified as TD dependents. You must provide proof of your relationship with them to the CBP officer at a U.S. port of entry. This proof can be your marriage and birth certificates.
Your spouse and children under 21 years of age will not be allowed to work during the duration of their stay. But your children will be allowed to study while there.
To seek an extension of staying, you must seek an extension of staying. But you must provide an intention of returning in the future though. This will also permit any TD dependent who wishes to extend their stay to do so.
- The employer must be American
- You must work under the American employer
- Recognized under NAFTA
- You must qualify for the job
- The job must require a NAFTA professional
- And must be pre-arranged to be part-time or full-time
Contact Akrami & Associates
It would be beneficial to seek the help of a legal adviser because they can help you to make a strong application with the appropriate documentation and this can further increase your chances of getting the TN visa and to be working in the U.S.