TN Visa
Works Visas for
Canadian and Mexican Nationals

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TN Visa – Works Visas for Canadian and Mexican NationalsTN Visas

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the U.S., Canada, and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the U.S. to engage in business activities at a professional level.

Eligibility

You may be eligible for TN nonimmigrant status, if:- You are a citizen of Canada or Mexico;- Your profession qualified under the regulations;- The position in the U.S. requires a NAFTA professional;- You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment); and- You have the qualifications to practice in the profession in question

Unlike Mexican citizens, Canadian citizens are generally eligible for admission as nonimmigrants without a visa. The TN category, a nonimmigrant classification, simply reflects this general exemption from the visa requirement. NAFTA governs which evidence is required to prove whether a Canadian or Mexican citizen is a professional in a qualifying profession.

You can find a complete list of professions with minimum education requirements and alternative credentials here: https://www.nafsa.org/_/file/_/amresource/8cfr2146.htm

Canadian Citizens

If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate. You may establish eligibility for TN classification at the time you seek admission to the U.S. by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. 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 U.S., the purpose of your employment, your length of stay, and your educational qualifications; and- Credentials evaluation (if applicable), together with any applicable fees.

A Canadian who resides in a third country with a non-Canadian spouse and/or child(ren), and who plans to enter the U.S. as a NAFTA professional with family members, will need a TN visa in order for the family members to be eligible to apply for derivative TN nonimmigrant visas.

Mexican Citizens

If you are a Mexican citizen, then you are required to obtain a visa to enter the U.S. as a TN nonimmigrant. You should apply for a TN visa directly at a U.S. embassy or consulate in Mexico. You must complete Form DS-160, Online Nonimmigrant Visa Application. The visa service fee for the TN category is $160.00. Once you are approved for a TN visa, you may apply for admission at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station.

Any accompanying of “following to join” spouse and child(ren) under the age of 21 may be eligible for TN nonimmigrant status. Spouses and children are:- Not permitted to work while in the U.S., but they are permitted to study- Granted TN status for no longer than the period of time granted to the principal TN nonimmigrant

TN Visa FAQs

A TN Visa can provide you with plenty of benefits, but you’ll need a TN Visa attorney to walk you through the application process. At Bolour / Carl Immigration Group, we’ve helped thousands of clients over 25 years. From green cards to work visas, we’ve seen it all. Now, we’re ready to use our experience to help you. Read on to see what you can expect from your TN Visa.

How Does The TN Visa Application Process Work?

The TN Visa application process varies slightly depending on whether the applicant is from Canada or Mexico. Canadian citizens can apply directly at a U.S. port of entry by presenting proof of citizenship, a job offer from a U.S. employer, and evidence that they qualify for one of the professions listed under the TN Visa program. There is no need for a petition to be filed with the U.S. Citizenship and Immigration Services (USCIS) in advance, making the process relatively straightforward.

For Mexican citizens, the process involves first obtaining a visa at a U.S. consulate or embassy in Mexico. This requires submitting a completed DS-160 form, scheduling a visa interview, and presenting similar documentation as required for Canadian citizens. Once approved, the visa allows entry into the U.S. for work.

How Long Can Someone Stay In The U.S. On A TN Visa?

A TN Visa is typically granted for an initial period of up to three years. However, it can be extended or renewed if the employment situation remains temporary, and the visa holder continues to meet all the eligibility requirements. Extensions can be requested by filing a petition with USCIS or by applying for a new TN Visa at the border or consulate, depending on the individual’s circumstances. Your TN Visa attorney can help you with this process.

How Long Can I Be Outside The Us With A TN Visa?

A TN Visa holder can travel outside the U.S. and re-enter without losing their status, provided they maintain the intention to return to the same job with the same employer. Generally, brief trips abroad for personal or work-related reasons are acceptable, but it’s wise to keep any documentation that supports the temporary intent of the stay when re-entering the U.S.

What Professions Are Covered Under The TN Visa Program?

The TN Visa program covers a broad range of professions, specifically those listed in the USMCA agreement. These include but are not limited to accountants, engineers, lawyers, scientists, teachers, and various healthcare professionals such as registered nurses and physical therapists. 

How Long Does It Take To Process A TN Visa Application?

The processing time for a TN Visa can vary depending on how and where the application is submitted. For Canadian citizens applying at a port of entry, the process can be completed on the same day, with the decision made on the spot. For Mexican citizens, the process may take longer, typically several weeks, as it involves scheduling an interview at a U.S. consulate or embassy.

Contact Us Today

At Bolour / Carl Immigration Group, APC, we are committed to helping our clients with their TN Visa needs. Get in touch with us today, and see what a TN Visa attorney from our office can do for you.

 

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