TN Visas
Short Answer
A TN visa is a professional non-immigrant work visa that allows qualifying Canadian and Mexican professionals to work temporarily in the U.S. It was established under the North American Free Trade Agreement (NAFTA), now the United States-Mexico-Canada Agreement (USMCA). To qualify, applicants must have a job offer from a U.S. employer in a designated profession and meet specific educational and professional requirements. The initial stay is typically up to three years, with possible extensions.
Many Americans have close ties to Canada and Mexico—our neighbors to the north and south. Families have loved ones across borders, and there are significant trade and business connections between the countries. A TN visa is a professional non-immigrant work visa that allows qualifying Canadian and Mexican professionals to work in the U.S. temporarily.
U.S. immigration law is complex and always changing. Visa applications should be carefully prepared to ensure your approval to work in the U.S. For more information about TN visas, contact a TN visa immigration lawyer for legal advice.
What Is a TN Visa?
A TN visa allows some NAFTA professional workers from Mexico and Canada to have temporary legal status to work in the U.S. A TN nonimmigrant visa was originally part of the North American Free Trade Agreement (NAFTA). The agreement is now the United States-Mexico-Canada Agreement (USMCA).
According to the U.S. Citizenship and Immigration Services (USCIS), TN nonimmigrant classification is for qualified Canadian and Mexican citizens seeking temporary entry into the United States for professional-level business activities.
For eligibility, you must have a prearranged full-time or part-time job offer with a U.S. employer requiring a NAFTA professional. You must also have the required qualifications for the job duties and profession. Qualifying TN professions include:
- Accountants
- Architects
- Computer systems analysts
- Economists
- Engineers
- Lawyers
- Medical and allied professionals
- Pharmacists
- Scientists
- Teachers
How Can I Apply for a TN Temporary Worker Visa?
The application process for a TN visa depends on whether the applicant is a citizen of Mexico or Canada. You can find additional information from the Department of State or the CBP website. To help you apply for a TN visa job, talk to an immigration lawyer.
TN Visas for Canadian Citizens
Canadians can generally enter the U.S. on non-immigrant status without a visa. To apply for a TN-1 visa, citizens of Canada can establish TN classification eligibility at a U.S. port of entry with a U.S. Customs and Border Protection (CBP) officer. Canadian citizens must present the necessary information and supporting documents, which include:
- Proof of Canadian citizenship
- A letter from the employer, including professional position, purpose of employment, educational qualifications, and length of stay
- Visa application fees
- In some cases, a credential evaluation
A TN employer can also file on behalf of their workers outside the U.S. using USCIS Form I-129, Petition for Nonimmigrant Worker. U.S. employers can also pay an additional filing fee to request premium processing (expedited service with shorter processing times).
TN Visas for Mexican Citizens
Mexican citizens must apply for a TN visa before entering the U.S. Workers can apply through the Department of State U.S. embassy or consulate. To apply, complete the Online Nonimmigrant Visa Application, Form DS-160, and submit a photo.
The consulate will notify the applicant about any required interview with a consular officer. Required documentation for the interview includes:
- Passport
- Application confirmation
- Application fees
- Photo
- Letter of employment in the U.S.
- Education and work experience documentation
After receiving an approval notice, Mexican citizens can apply for admission at a port of entry or designated inspection area. If the government denies your application, you should get a notification of the basis for the denial. A U.S. immigration law attorney can help you understand why you were denied and help if you want to reapply for a visa.
How Long Can I Stay in the U.S. on a TN Visa?
Most TN visa holders’ initial stay is for up to three years. If you stay beyond three years without approval, you could be deemed removable (i.e., subject to deportation proceedings) and accrue “unlawful presence.” If you want to stay longer than your approved period, your U.S. employer can apply for an extension.
Applying for an immigrant visa is a step towards obtaining lawful permanent residency, which allows individuals to stay and work in the U.S. as lawful permanent residents (LPRs) with a green card.
Can I Bring My Family on a TN Visa?
Some family members may be eligible to come to the U.S. with you on your TN nonimmigrant visa. TN family visas only include your spouse and children under 21. Your approved spouse and kids can enter and study, but cannot work in the U.S.
Canadian spouses and dependents don’t need a visa, but they have to provide proof of citizenship and proof of the relationship. Mexican citizen spouses and dependents must apply for a TD nonimmigrant visa through a U.S. consulate or embassy.
Can an Immigration Attorney Help With a TN Visa?
If you were denied a TN visa or have questions about the visa process, a qualified U.S. immigration attorney can give you legal advice about U.S. immigration law. An attorney can help you through the TN visa application process and help you apply for an extension or change of status. help you through the TN visa application process and help you apply for an extension or change of status.
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