By Almas Bibi, Of Counsel
The TN (Trade NAFTA) visa allows qualified Canadian and Mexican professionals to work in the United States in specific occupations. This visa is a product of the United States-Mexico-Canada Agreement (USMCA), formerly known as NAFTA, and it offers a streamlined process for citizens of these two countries to enter the U.S. for professional employment. This guide provides a general overview of the TN visa, including eligibility criteria and the application process.
Understanding the TN Visa: The TN visa is a nonimmigrant visa category that permits Canadian and Mexican citizens to work in the United States in certain professional roles. These roles must be on the list of eligible occupations specified under the USMCA agreement, which includes professions such as engineers, scientists, accountants, and teachers, among others.
Eligibility Criteria: To qualify for a TN visa, you must meet the following criteria:
Citizenship:
You must be a citizen of Canada or Mexico. Permanent residents of these countries are not eligible for the TN visa.
Qualifying Profession:
Your job must be one of the listed professions under the USMCA. Each profession has specific requirements for education and/or experience, which you must meet to qualify.
Prearranged Job with a U.S. Employer:
You must have a prearranged job offer from a U.S. employer in one of the qualifying professions. Self-employment does not qualify for a TN visa.
Qualifications:
You must possess the necessary credentials, such as a degree or license, required for your specific profession as listed under the USMCA.
Application Process for Canadians:
Gather Supporting Documents:
Collect the necessary documents to prove your eligibility for the TN visa. This typically includes:
Proof of Canadian citizenship (e.g., passport).
A letter from your prospective U.S. employer detailing the job offer, the professional category under the USMCA, your qualifications, and your salary.
Evidence of your qualifications, such as degrees, diplomas, licenses, or certifications.
Apply at the Port of Entry:
Canadian citizens do not need to apply for a TN visa at a U.S. consulate. Instead, you can apply directly at a U.S. port of entry, such as an airport or land border crossing, by presenting your documents to a Customs and Border Protection (CBP) officer. If approved, you will be admitted to the U.S. in TN status.
Period of Stay: The TN visa is initially granted for up to three years. If your job continues, you can apply for extensions in increments of up to three years each. There is no limit on the number of times you can extend your TN status, as long as you maintain eligibility. However, it’s important to note that the TN visa is a nonimmigrant visa, meaning you must have the intent to return to your home country once your employment in the U.S. ends.
The TN visa offers a flexible and efficient way for Canadian and Mexican professionals to work in the United States. By understanding the eligibility requirements and following the correct application process, you can take advantage of the opportunities available under this visa category.
For those considering a TN visa, it's important to stay informed about any changes in U.S. immigration laws and regulations. Consulting with an immigration attorney or legal expert can provide additional guidance specific to your situation.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. The content is intended to offer guidance and understanding of the TN visa application process. However, immigration laws and regulations are complex and subject to change. Individual circumstances can vary, and the information provided may not apply to your specific situation.
We strongly recommend consulting with a qualified immigration attorney or legal professional to obtain advice tailored to your unique circumstances before taking any action. The use of this information does not create an attorney-client relationship between the reader and the author or any affiliated organizations.
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