What is TN visa?
The TN Visa was created by the North American Free Trade Agreement (NAFTA) in order to facilitate temporary employment in the United States for approved Canadian and Mexican citizens. The purpose was to strengthen business and trade relations between the United States, Canada, and Mexico.
How to renew TN visa?
The process of renewing or extending your TN status can be carried out by filing Form I-129H1 along with proof of the TN status holder’s education/citizenship and a letter addressing the need for the extension. At the point in which the job or TN status officially expires, individuals are required to leave the country. Unlike the H-1B grace period, TN visas do not have this leeway period.
How many professions qualify for a TN visa?
Here is a list of the 60 professions that qualify you for a TN visa:
Can a spouse work in the US with a TD visa?
The TN visa holder’s spouse and/or children under the age of 21 may be eligible for TD nonimmigrant status. This status allows dependents to enter the U.S. with the TN visa holder and be granted the same period of stay. There are some restrictions to the TD nonimmigrant status for dependents. Spouses and children are not permitted to work while in the United States, but they are permitted to study.
NAFTA ( TN)
The North American Free Trade Agreement (NAFTA) creates special economic and trade relationships for the U.S., Canada and Mexico. The TN nonimmigrant status allows professionals from Canada and Mexico to work in the U.S. Mexican professionals must obtain a TN visa at a U.S. Consulate or Embassy to enter the U.S.
Form I-9
When completing Section 1 of Form I-9, Employment Eligibility Verification, an employee in TN status should select “An alien authorized to work” and enter the admission number and expiration date of their status as indicated on Form I-94/Form I-94A, Arrival/Departure Record.
What form do I need to apply for TN?
In addition, when applying for admission, you should have in your possession a copy of the Form I-129, and all supporting documentation that was submitted to USCIS, to respond to questions about your eligibility. You should also be prepared to pay any applicable inspection fees at the time you seek admission. If a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant.
How to qualify for TN classification?
You may establish eligibility for TN classification at the time you seek admission to the United States 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:
Can I file for TN on behalf of Canadian citizen?
Alternatively, a prospective TN employer may choose to file on behalf of a Canadian citizen who is outside the United States by submitting Form I-129, Petition for Nonimmigrant Worker to USCIS. Premium Processing Service is available.
Can dependents of TN be TD?
Dependents of TN Nonimmigrants. Any accompanying or “following to join” spouse and children under the age of 21 may be eligible for TD non immigrant status. Spouses and children are: Not permitted to work while in the United States, but they are permitted to study.
Can I apply for a TN visa as a nonimmigrant?
If USCIS approves Form I-129, you, the prospective worker, may then apply to CBP for admission to the United States as a TN nonimmigrant by providing the following documentation to a CBP Officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station:
What is TN Visa?
The TN Visa is a U.S non-immigrant visa, so those who get it have to return to their home countries upon its expiration. It allows only citizens of Canada and Mexico, not permanent residents to work in the U.S if they find a job beforehand. The agreement specifies the types of TN visa jobs and occupations that visa holders are allowed to engage in. There are around 63 occupations for which Canadians and Mexicans qualify to work on. These include lawyers, scientists, engineers, teachers, etc. To check whether you qualify in any of the professions, visit the NAFTA website.
How many types of TN visas are there?
There are two types of TN visa based on nationality:
What are the requirements for a TN visa?
The general requirements for people to qualify for the TN visa are: Applicants must be citizens of Canada or Mexico. Their occupation must be on the NAFTA list. They must have a full time or part time job offer from an employer in the U.S.
How long is a TN visa valid?
After you get the TN visa, it is first valid for 3 years Afterwards, there is a possibility to extend it for an additional 3 years indefinitely. This means, that as long as you are employed in the U.S and can prove ties to your home country in either Canada or Mexico, you are allowed to remain in the U.S on a TN visa.
What is temporary entry in NAFTA?
Temporary entry, as defined in the NAFTA, means entry without the intent to establish permanent residence. The alien must satisfy the inspecting immigration officer that the proposed stay is temporary. A temporary period has a reasonable, finite end that does not equate to permanent residence. In order to establish that the alien’s entry will be temporary, the alien must demonstrate to the satisfaction of the inspecting immigration officer that his or her work assignment in the United States will end at a predictable time and that he or she will depart upon completion of the assignment.
Is there a cap on TN visa?
And third, there are no caps to the TN visa. Whereas the H-1B visa has a cap of 65,000 people who are allowed to go to the U.S with that visa, the TN visa does not have a limit. This means that any citizen of Canada or Mexico who fulfills the requirements can get the TN visa.
Is a TN visa the same as an H-1B visa?
The TN Visa USA is quite similar to the H-1B visa; however, there are a few differences. First, the TN does not require employers to have a Labor Condition Application (LCA) from the Department of Labor. This means that there are no specific conditions on the work environment or requirements for a prevailing wage which the U.S sets. This is up to the agreement of the employer and employee.
What is a TN visa?
The TN visa was originally created under the North American Free Trade Agreement (NAFTA) between Canada, U.S. and Mexico. Though the term “visa” is often used, Canadians are not actually issued a TN “visa.” Instead, they are admitted in TN status if approved.
How long does a TN visa last?
There are several advantages to applying for a TN status. First, TN status is granted for three years, the same duration as an H-1B visa.
What are the disadvantages of being a TN?
One disadvantage to TN status is that it only applies to a specific group of professions. Specifically, you must qualify under one of the 60+ professions on the professional occupations list in order to be eligible for TN status.
How to apply for TN status?
There are two ways to apply for a TN status: 1) in person at a port of entry (POE) to the United States, such as a major Canadian airport or a land border; or 2) the employer files a petition to USCIS.
What happens if you are denied TN status?
If you are denied TN status at the port of entry, you will be told the reason why and you can attempt to cure any deficiencies in a new application. If TN status is denied by USCIS, it takes a lot longer – and a lot more money – to obtain a favorable decision.
Is TN a USMCA?
As of July 2020, TN visas are being issued under the newly formed United States-Mexico-Canada Agreement (USMCA). While NAFTA no longer exists, Appendix 1603.D.1 that governs TN visas has been incorporated into the USMCA, and the procedure and criteria remain the same.
Should I apply for TN status at a port of entry or through USCIS?
Second, CBP officers will make a decision whether to approve a TN application immediately. On the other hand, applying for TN status through USCIS will take longer and cost the employer much more in legal fees and filing fees. If you are denied TN status at the port of entry, you will be told the reason why and you can attempt to cure any deficiencies in a new application. If TN status is denied by USCIS, it takes a lot longer – and a lot more money – to obtain a favorable decision. You may also be required to leave the United States during this time.
How long is a TN visa valid?
If approved, a TN visa stamp will be affixed to the applicant's passport. TN visa stamps are currently valid for only a 1-year period.
When does a Canadian citizen receive a decision on the TN application?
A Canadian citizen receives a decision on the TN application at the time of presentation at a U.S. port-of-entry.
