TN Visas for Professionals from Canada and Mexico
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What is a TN Visa?
TN visa is a type of non-immigrant work visa that allows citizens of Canada and Mexico to work in the United States. The TN visa is designed for professionals in certain occupations, such as scientists, engineers, teachers, and healthcare professionals, who are citizens of Canada or Mexico and wish to work in the United States.
Am I Eligible for a TN Visa?
TN visas are available to citizens of Canada and Mexico. Here are the key eligibility criteria for a TN visa:
- Citizenship: You must be a citizen of Canada or Mexico to be eligible for a TN visa. Permanent residents or citizens of other countries are not eligible.
- Profession: Your intended employment in the United States must fall within one of the categories listed in Appendix 1603.D.1 of the USMCA (formerly NAFTA). Common TN professions include but are not limited to engineers, scientists, educators, medical professionals, accountants, and management consultants.
- Qualifications: You must possess the necessary educational or professional qualifications required for the specific profession. This may include a relevant degree, certification, or licensure.
- Job Offer: You must have a valid job offer from a U.S. employer. The employer should be willing to employ you in a position that falls under one of the eligible TN professions.
- Prearranged Employment: Before entering the United States, you should have a prearranged job with a U.S. employer. This typically involves a formal employment offer letter detailing the terms of your employment.
- Intent to Return: You should demonstrate an intent to return to your home country once your TN status expires. TN status is considered non-immigrant, and you should not have immigrant intent.
- Application Process: When applying for a TN visa, you’ll need to submit a completed DS-160 visa application, pay the required visa application fee, and schedule a visa interview at a U.S. embassy or consulate. During the interview, you’ll need to provide supporting documentation, including your job offer letter and evidence of your qualifications.
How Can I Apply for TN Visa?
TN visas are available to both Canadian and Mexican citizens, but there are some differences in the application process and requirements for each group. Here are the key distinctions:
- TN Visa Process for Canadians: For Canadian citizens, the TN visa application process is typically more streamlined and straightforward:
- Canadian citizens can apply for a TN visa directly at a U.S. port of entry, such as an airport or land border crossing. There is no need to obtain a TN visa stamp from a U.S. embassy or consulate before entering the United States.
- Canadians are not required to attend a visa interview at a U.S. embassy or consulate. Instead, they can present their TN visa application documents and supporting materials directly to U.S. Customs and Border Protection (CBP) officers at the port of entry.
- The TN visa can often be granted immediately, and Canadian citizens can start working for their U.S. employer once approved at the border.
- TN Visa Process for Mexicans: Mexican citizens follow a slightly different process to obtain a TN visa:
- Mexican citizens are required to obtain a TN visa stamp from a U.S. embassy or consulate in Mexico before entering the United States. They cannot apply for a TN visa directly at a U.S. port of entry like Canadians.
- Mexican citizens must schedule and attend a visa interview at the U.S. embassy or consulate, where they will need to present their TN visa application documents and supporting materials.
- The visa processing times for Mexicans may vary, and they should apply well in advance of their intended travel to the United States.
What Documents Do I Need for a TN Visa?
To apply for a TN visa, you will need to provide a specific set of documents to support your application. The exact requirements may vary slightly depending on your specific situation, the U.S. embassy or consulate where you apply, and the Customs and Border Protection (CBP) officer’s discretion if you are a Canadian citizen applying at a U.S. port of entry. Here is a general list of documents commonly required for a TN visa application:
- Valid Passport: You must have a valid passport that is at least valid for the duration of your intended stay in the United States. Ensure that your passport has blank pages for visa stamps.
- Job Offer Letter: A job offer letter from your U.S. employer that includes:
- Your job title and a description of your responsibilities.
- The duration of your employment.
- Your salary and any other compensation details.
- Information about your U.S. employer, such as their name, location, and contact information.
- Evidence of Eligibility: Documents that prove your eligibility for the TN visa based on your profession. This could include:
- Copies of your educational certificates, diplomas, or degrees.
- Professional licenses or certifications, if applicable.
- Transcripts or other educational records.
- A resume or curriculum vitae (CV) detailing your relevant work experience.
- DS-160 Confirmation Page: The DS-160 Online Nonimmigrant Visa Application form, which you will complete online. After completing the form, you’ll receive a confirmation page with a barcode.
- Visa Application Fee Receipt: Proof of payment for the non-refundable visa application fee.
- Passport-sized Photos: Recent passport-sized photos that meet the U.S. visa photo requirements.
- Form I-129 (Petition for a Nonimmigrant Worker): Your U.S. employer should complete and file Form I-129 with U.S. Citizenship and Immigration Services (USCIS) before you apply for your TN visa. You will need a copy of this petition.
- Documentation of Ties to Your Home Country: Evidence that you intend to return to your home country when your TN status expires. This could include documentation related to your residence, family, financial commitments, or other ties.
- Visa Interview Appointment Confirmation: If you are required to attend a visa interview at a U.S. embassy or consulate, you will need to bring the appointment confirmation with you.
- Marriage or Birth Certificates: If you are applying for a TD visa as a dependent family member, you will need to provide marriage certificates for spouses or birth certificates for children. Visit the link below for TD visa details.
How Long Is a TN Visa Valid For?
For both Canadians and Mexicans, TN visas are typically granted for an initial period of up to three years. Extensions are possible, and TN visa holders can apply for extensions if they continue to meet the eligibility requirements.
It’s important to note that while the application processes and requirements differ, the criteria for eligibility for TN visas are the same for both Canadians and Mexicans.
How Many Times Can I Extend MY TN Visa?
There is no specific limit on the number of times you can extend your TN visa as long as you continue to meet the eligibility requirements and have a valid job offer in an eligible profession. TN visa extensions are typically granted in increments of up to three years each. Here are some key points to consider regarding TN visa extensions:
- Eligibility: To qualify for a TN visa extension, you must continue to meet the eligibility criteria for the visa, including having a job offer in an eligible profession and maintaining the intent to work in the United States on a temporary basis.
- Job Offer: You must have a valid job offer from a U.S. employer for the duration of the proposed extension. The job offer should specify the period of employment.
- Extension Process: To apply for a TN visa extension, you will generally need to submit a request for an extension of stay to U.S. Citizenship and Immigration Services (USCIS) before your current TN status expires. USCIS will review your application and determine whether to grant the extension.
- Plan Ahead: It’s important to plan ahead and apply for extensions well before the expiration of your current TN status to ensure continuity of your work authorization in the United States.
- Documentation: Be prepared to provide documentation to support your extension request, including your job offer letter, evidence of your qualifications, and proof of your intent to maintain ties to your home country.
There is no set limit on the number of TN visa extensions. Be aware that maintaining TN visa status for an extended period may not lead to permanent residency (a green card) in the United States. If you are interested in becoming a permanent resident, you may need to explore other immigration pathways.
Important Links for Related Visas
To learn more details about other work visas, refer to the following links.
Immigrant Visas:
Please click the link below to find out more about each type of temporary work visa.
Our Expertise and Services:
Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.
Follow-up Assistance:
After the visa is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.
At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.
Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.