Who Qualifies for a TN VISA

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What is a TN Visas?

The TN visa was created as a result of the implementation of the North American Free Trade Agreement (NAFTA) in 1998. It allows eligible Canadian and Mexican citizens to work in the United States under Nonimmigrant Status. Once granted a TN visa is valid for up to 3 years and can be renewed indefinitely as long as the applicant remains with the same employer.

How to qualify for a TN visa?

There are certain conditions that a potential applicant must meet in order to receive TN status in the U.S. The relevant conditions are:

  • Must be a Canadian or Mexican citizen (permanent residents may not apply)
  • Must be in a profession listed under the NAFTA regulations (taken from Appendix 1603.D.1 of NAFTA)
  • Must be filling a position in the United States which requires a NAFTA professional
  • Must have a prearranged full or part-time position with a single U.S. employer
  • Must have achieved the minimum academic qualifications for the profession (listed in Appendix 1603.D.1)

There are approximately 60 eligible professions that can qualify for a TN visa. Most of these positions require at least a baccalaureate degree. Other professions have minimum experience requirements as well. For example, let’s examine the profession of Computer Systems Analyst.

A Computer Systems Analyst must possess one of the following requirements: a Baccalaureate or Licenciatura Degree; a Post-Secondary Diploma (credential issued for a minimum 2 year program by an accredited academic institution in Canada or the U.S.); or a Post-Secondary Certificate (certificate issued for a minimum 2 year program at an academic institution recognized by the federal or state government of Mexico) plus 3 years’ experience. As you can see, there is some flexibility afforded in meeting the minimum academic qualifications for this position.

Positions under Heightened Scrutiny

It seems to be easier to obtain a TN visa depending on the profession. This comes down to the job description and how much flexibility is granted to particular duties of the profession. For example, applicants applying under the Computer Systems Analyst profession will be more carefully processed than other professions due to the fact that the lines may be blurry between duties carried out by an Analyst as opposed to duties carried out by a Programmer. The same can be said for any professions that involve consulting. The immigration officer will need to carefully verify that a consultant is indeed acting in the capacity of a consultant and not a manager.

Renewal of TN Visas

After successfully obtaining TN status, visa holders can renew their applications when their initial period is about to expire. This can be done by mailing in a renewal if the applicant is still in the United States, or it can be done by returning to a border or port of entry and presenting a new application.

Recently there have been more incidents of applicants being refused renewals for the TN visa. While on paper you should be able to renew indefinitely as long as you continue to work for the same employer, in actuality the officer is not required to renew TN status. It is up to the reviewing officer’s discretion.

There have also been reported instances of U.S. Border Service officers applying more stringent rules on TN visa holders who wish to renew. According to an open letter submitted to Citizenship and Immigration Canada from Peter Zurawel, the Colorado Director of IBI Group, many of his employees on TN visas were told to also apply for an L-1 visa.

What is an L-1 Visa?

There are 2 types of L-1 Visa: L-1 A which is for executives and managers, and L-1 B which is for workers with specialized knowledge. Depending on their profession, TN visa applicants may also be requested to apply for a corresponding L-1 visa. Like the TN Visa, the L-1 is a non-immigrant visa most commonly made available to employees of international companies with offices in the U.S.

To obtain an L-1 Visa, applicants may be required to apply for either: a Regular L-1, or a Blanket L-1.

To apply for a Regular L-1 Visa, the international company that employs the applicant must file a petition with the U.S. Citizenship & Immigration Services (USCIS) for each employee wishing to enter the U.S. for work. Each application is evaluated separately.

To apply for a Blanket L-1 Visa, the international company is already registered with the USCIS and has been approved for Intracompany Transferee visas. In this case, an employee can simply file a copy of the company’s blanket petition along with documentation. In this way the blanket petition covers all employees of the company wishing to enter the U.S.

TN Visas: What Documentation is Necessary to Apply?

In order to increase your chances of success in obtaining a TN Visa, it is advisable to gather the documentation that helps to validate your background. There are cases of applicants succeeding even though they provided minimal documentation. Nonetheless, it is always better to be well prepared, particularly if the officer decides to be extremely thorough in his or her assessment.

Below are some examples of documentation that could help you obtain a TN Visa at the U.S. border or port of entry:

  • Proof of Qualifications: As mentioned earlier, each profession has strict minimum requirements in terms of relevant education, training, licensing, certification, and experience. It is in the applicant’s best interest to bring documentary proof of this. Remember, when it comes to presenting qualifications from Canada or Mexico, you should have them assessed by a qualified U.S. credentials evaluator or academic, as there may be differences in equivalencies. If you are presenting proof of qualifications in a language other than English, these documents will need to have been officially translated so that the officer may read them.
  • Letter of Employment: The company you are working for should furnish you with an employment letter on company letterhead. It is also better if this employment letter is signed and dated to make it more official. The letter should confirm that your position is temporary and that you will be a direct employee of the company. A crucial detail to be included in the letter of employment is the duties of your position. If the duties do not correspond with the information about your profession outlined in Appendix 1603.D.1, then you may not be able to qualify for a TN Visa. It is also important for the letter to mention your salary.
  • Information about the Company: It is important that the officer evaluating your application has access to proper details about the company you are employed with. This could be a general information sheet about the company’s location, objectives, revenue, size, etc.
  • Resume: It doesn’t hurt to have an up to date resume available which can quickly allow the officer to evaluate your relevant educational and work experience. A professional resume helps make a good impression and really helps to summarize what you are capable of doing.

These are just some of the documents that can help you successfully apply for a TN Visa. A professional application package would contain all the information necessary to prove your background, credentials, and reasons for requesting to work in the U.S.

Contact Akrami and Associates

If you are adequately prepared to apply for a TN Visa, you will have a much better chance of receiving permission from the U.S. officer so that you can enter the country and start working. For those considering going to the U.S. to work as a professional under the NAFTA agreement, make sure that you prepare the best possible application. Contact our legal team of Canadian and U.S. immigration lawyers today at 416-477-2545. Our staff can help you enter the next phase in your professional career by using our experience and knowledge to benefit you.

How can I qualify for a Green Card

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What does it mean to be Green Card holder?

A Green Card holder means you are a permanent resident of the United States in which you can live and work. To demonstrate proof of status the individual is given a permanent resident card also known as the Green Card. There are many ways of becoming a permanent resident of the United States such as being sponsored by a family member or an employer in the United States. You could also become a permanent resident of the United States through refugee or aslee status or any other programs such as the humanitarian programs.

The Green Card can be obtained in one of the four ways:

Employment Based Green Card

An employment based green card will require your employer to submit Labour Certification to the Department of Labour (depending on your category). The employment based green card processing times are very lengthy and can even take several years for acceptance.

Green Card through Family Member

If you are obtaining your green card through a family member, then they will either need to be a permanent resident or citizen of the U.S. They will either need to be

Immediate Relative:

  • Spouse
  • Your children under the age of 21 who are unmarried
  • Parents of the American citizen (sponsor

Family Preference:

  • Single children over the age of 21
  • Siblings of the sponsor who are over the age of 21
  • Married children of any age

Green Card through Refugee or Aslee Status

If you are trying to obtain the green card through refugee or asylee status then you can do so after one year if:

  1. You came in as a refugee or family member of an asylee
  2. If you were allowed asylum

The requirements if you were a refugee:

  1. Must have been present for one year in the U.S. once granted refugee status
  2. Have maintained your refugee status
  3. Have not already received your green card
  4. And to not be inadmissible

The requirements if you are an asylee:

  1. Maintain your asylee status
  2. Be physically present in the U.S. one year after being given asylum
  3. To have not abandon your asylee status
  4. And not be inadmissible

When applying as a refugee or asylee, you will need to fill out “Form I-485, Application to Register Permanent Residence or Adjust Status”. The documentation you will provide for either one of these categories is different. If you have other family members who wish to apply, then Form I-485 will need to be filled out for each family member and sent together in the same package.

United States Citizenship and Immigration Services allows you to fill out Form I-589 from your spouse or children who are no longer meet the definition of a spouse of children from you as a principal asylee. This allows them to obtain permanent residence. However the CSPA in some cases allow your children that have reached the age of 21 to still keep the classification of a child. To see if this case applies for you, you can consult with the CSPA.

If you need to change anything like your address as green card applications take a long to process, then you will need to inform the USCIS 10 days prior to moving in writing. This must be done for each member of the family that is applying for the green card. You would fill out “Form AR-11, Alien’s Change of Address Card”. Please note making changes will delay your application processing times.

Green Card through other ways

There are other categories to attain a green card and they are known as special categories. These special categories include:

Family:

  • Fiancée
  • Widower

Jobs:

  • Armed forces
  • Religious worker

Other green card programs:

  • Haitian refugee
  • Victim of trafficking

Rights and Responsibilities of the Green Card Holder

As a permanent resident (green card holder), you have the right to:

  • Live permanently in the United States without committing any crimes that would make your removable under the U.S immigration law
  • Work in the United States
  • Protected by U.S. law

Your Responsibilities as a Permanent Resident would be:

  • Obey U.S. Laws
  • File income tax returns
  • Reporting your income to Revenue Service
  • Supporting democratic form of government and not change it through illegal means
  • If you are male 18-25 to register with selective service

How do I renew my Green Card?

If you are permanent resident of the United States and your Green Card is close to expiration date you can renew your card either going online and fill out the application to replace permanent resident card also known as E-Filing Form I-90. If you like to submit your application through mail you can simply print I-90 form and mail it out.

Can I renew my Green Card if I am outside of the United States?

If your Green Card will expire within 6 months and you are outside of the United States you should file for renewal of card as soon as you get back. If your card has expired and you are outside of the United States you should contact the nearest US consulate office prior to attempting to file Form I-90.

When should I renew my Green Card?

If you card has expired or is about to expire within the next 6 months you should renew your Green Card using Form I-551. If you are a conditional resident and your status is expiring you should use Form I-751 to remove the conditions on your permanent resident status.

What happens if my Green Card for renewal is denied can I appeal?

If you received a letter that states your green card is denied, you cannot appeal a negative decision. The options available to you would be submitting a motion to reopen or reconsider your application in the same office you have filed. When filing such a motion you are asking the USCIS office review your file again for reconsideration. Therefore, you must clearly state the new facts to help support your case and including supporting documentation with your application to prove the decision that was made was incorrect based on evidence in the file at the time the decision was made.

Contact Akrami and Associates

If you need assistance with obtaining your Green Card or need help with renewing your expired Green Card, please feel free to contact us at 416-477-2545 and we will be glad to assist you with your U.S. immigration matters.

Different Types of US Work Visas and Advantages of getting a TN Visa

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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:

H1-B Visa

  • 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.

H-2B Visa

  • For skilled and un-skilled workers

TN Visa

  • Allows a Canadian or Mexican Citizen to work in the U.S.
  • Can be renewed indefinitely

L-1 Visa

  • 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

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.

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!!

How to obtain and file for a TN Visa

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how-to-obtain-and-file-for-tn-visaWhat 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 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

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.

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?

  1. Proof of Canadian citizenship
  2. 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.).
  3. 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

Study in the US

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Who Can Study in the US?

International students are welcomed to the U.S. for the purpose of studying by the options of F1 or M1 visa. Those are nonimmigrant visas, allow students attend a full-time academic course (F1 visa) or full-time vocational course (M1 visa), and must leave when the program completes. Schools who have authorization to accept international students must be approved by Student and Exchange Visitors Program or Immigration and Customs Enforcement to become designated institution. Students are able to accompany dependents under F2 or M2 visa. However, dependents of the holder visa F1 or M1 must prove their independent financial that they are able to cover their life without support of the holders because students are not allowed to work off campus.

General Requirements for F1 and M1 Visa

For both F1 and M1 visa, there are few similar and different requirements for international students to be eligible, such as

English Conditions:

You must be fluent 4 skills of English to be able attend the class. Or you register in a course to learn English.

Designated School:

F1 M1
· University or college

· High school

· Private elementary school

· Seminary

· Conservatory

· Another academic institution, including a language training program

 Nonacademic or vocational program such as training or trade course but not language traning, which described as:

– 18 hours a week

– full-time tuition
When graduation, you will receive one of those:

· degree

· diploma

· certificate

Financial Support:

The trick to stand out your application to be accepted into a designated school and to be granted a F1 visa, you should prove your sufficient financial support that is enough to pay tuition and cover life expenses.

Leave the Country when the Course Completes:

As an nonimmigrant visa, it is important for you to prove your unintended staying permanently after finishing the course. So, proof of your strong ties to home country is another trick, show the officer your residence abroad with:

  • Employment opportunity, for example job offer back home
  • Owner of proprieties, assets…
  • Family hardship, for example your sick parents or children …

Documents You Need

Before arriving at the U.S. Embassy or Consulate, check the list below:

  1. Form I-20A-B (Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students) orForm I-20M-N (Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students).
  2. A SEVIS generated Form, I-20.Those forms are issued by designated school for international students to apply for F1 or M1 visa.
  3. DS-160 (Online application for a nonimmigrant visa)
  4. A valid passport to travel to the United States and with a validity date at least 6 months beyond your intended period of stay in the U.S.
  5. Transcripts and diplomas from previous institutions attended
  6. A financial statement
  7. Receipt of application fee. This kind of fee is non-refundable.
  8. Photos. Your photos must be qualified under rules of photo examination.

Interview and Processing Time

Students from the age of 14 to 79 years old are required to schedule an interview. If your application is approved, your visa will be issued 120 days before the start date. And you are not allowed to entry the U.S. earlier than 30 days before the commence of your course.

Employment

F1 Visa:

Although F1 visa does not allow students to work after school, after first year, students are able to work in 3 streams with proper permission. 3 types of employment are:

  1. Curricular Practical Training (CPT)
  2. Optional Practical Training (OPT) (pre-completion or post-completion)
  3. Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)

M1 Visa:

If you are M1 student, after completing your studies, you can take part in a practical training.

For both categories, students are asked to work or trained in related fields of studies

Contact Akrami & Associates

If you are Canadian citizen, your procedure is simpler. Give us a call and learn more information. If you are from other countries and desire to discover new experiences of studies in the U.S., we can help you however hard your situation is. Contact us soon to solve your case today.

With Akrami & Associates There is Always a Way!!