Will I get a TN visa?
To be eligible for a TN visa, you will need to show that you’re a qualified professional in one of the approved specialty occupations with a bachelor’s degree. Depending on your industry however, an alternative such as a post-secondary certificate and three years’ experience may be acceptable to show that you’re a qualified professional.
What are the requirements for a Spouse Visa?
US spouse visa requirements
- US spouse visa requirements. To meet the US spouse visa requirements, the couple must be in a relationship that is legally recognized as a marriage in the jurisdiction where the ...
- Non-US spouse living outside the US. ...
- Fiance visa from outside the US. ...
How to file for a Spouse Visa?
The basic steps to the spouse visa process are as follows:
- File I-130 Petition Package with USCIS
- Obtain USCIS approval (or denial) on petition
- Apply for immigrant visa (DS-260)
- Complete required medical exam
- Attend visa interview at the U.S. Embassy
- Receive immigrant visa is passport
- Pay immigrant fee online
- Travel to United States
- Receive physical green card in the mail (typically within four weeks of entry)
Can a person travel on the dependent visa and work?
U.S. visa regulations do not allow F-2 dependents to work in the United States. J-2 dependents are allowed to work in the United States with proper authorization. This authorization can be applied for once the J-2 has entered the country.
Can TN dependent work in USA?
The TD – “Trade Dependent” – visa allows the spouse or children (under age 21) of the qualified TN holder to relocate to the United States. While holding this visa, recipients may attend school. However, they are not permitted to be employed within the United States.
Can TN visa holder work for any employer?
TN status is employer-specific, meaning NAFTA TN visa holders can work only for the U.S. employer listed on the TN application. Working for an employer different from the one listed in the TN application is a violation of U.S. immigration laws.
Can I work in US on spouse visa?
F-2 dependent (spouse) visa holders are not eligible for employment. An F-2 dependent who would desire to pursue any employment, paid or non-paid, in the U.S. would need to find an employer willing and able to sponsor them for an employment visa.
Can TN visa work full time in USA?
Yes, Canadian citizens are allowed to work in the U.S. as long as they have a work visa. Canadian citizens have the following work visa options: TN visa for Nafta professionals. L1 visa.
Can I have 2 jobs with a TN visa?
Yes, individuals may obtain TN visa status to work for more than one employer at the same time. As the initially issued TN status is employer specific, a second TN application would have to be filed for this new employer. Canadian citizens can file for concurrent TN employment authorization at the border.
Can I apply for green card with TN visa?
Can TN visa holders transition to a green card? This is one of the most common questions that TN visa holders ask, especially after they have spent some time in the U.S. The short answer is yes, it is indeed possible to obtain permanent resident status as a TN visa holder.
Can my wife work in us if I have H1B visa?
Spouses of H-1B visa holders can work or start a business in the US provided their spouse's H1B visa is valid. H-4 visa holders looking to take up paid employment must first apply for an employment authorization document (EAD) to allow them to work in the US.
Can my foreign wife work in the US?
If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F, Petition for Alien Fiancé(e).
Can I work for Indian company from us?
Yes you can work for a US company from India without a H1B.
Is TN visa better than H1B?
Differences Between TN Visa and H1B Visa H1B visas are much more difficult to obtain but allow for dual intent, while TN visas do not. Also, eligibility for a TN visa is restricted to a list of approved occupations, whereas the H1B only requires that the occupation involves Bachelor degree-level skills or knowledge.
Can TN visa be converted to H1B?
TN visa holders can transfer to a new job location within the U.S. since the TN visa is not location specific. H1B visa holders, on the other hand, need their employers to first file an amended I-129 before effecting their transfer to a new job location.
Can you buy a house on TN visa?
TN Visa Mortgage TN visa holders are allowed to buy a house in the U.S. No prohibition exist in U.S immigration laws preventing this. Similarly, TN visa holders can get mortgage loans to buy their house in the U.S, as long as they meet the qualification criteria and provide the necessary documents set out below.
Does TN visa require employer sponsorship?
Unlike the H-1B visa, the TN visa doesn't require sponsorship or petition by an employer. Additionally, there is no cap on TN visas, so there's no attendant concern related to racing the clock to obtain a visa before the cap is reached.
Can TN visa holders work part time?
TN visa workers may work on a part-time basis. 9 FAM § 402.17-5(A). However, individuals should be aware that U.S. immigration officials may examine any potential basis for denial of a TN visa for part-time employment under the public charge ground of inadmissibility.
What happens if you get fired on TN visa?
TN Visa status is employer-specific. This means that a TN Visa only authorizes you to work for the employer under the conditions the TN Visa was approved. If the conditions of the employment change significantly, including termination of employment, the TN Visa becomes invalid.
Are new TD visas required during a TN visa employer change?
Reply: A dependent's visa status is not specific to an employer. As such, a family member's TD visa status remains valid even if the principal TN visa worker changes employers.
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 documents are needed for a TN passport interview?
Attend the scheduled interview with passport and supporting documents (TN’s I-94 and marriage and or birth certificate)
Do TN and TD have to submit the same evidence?
So, TN and TD do not have to both submit the same evidence in duplicate if they are initially entering the United States together: proof of employment and ability to receive TN status will also be proof of the dependent’s ability to receive TD status. There are three categories of TD status holders which will have different procedures ...
Can an alien work in the US with TD status?
TD status does not allow an alien to work in the United States. Aliens with TD status are allowed to study full-time, but are not allowed to legally work in the United States. If an alien under TD status wishes to work they should seek to change to another non-immigrant status which allows employment in the U.S.
Can a Canadian and a non-Canadian dependent enter the US at the same time?
In this way, a Canadian and his/her non-Canadian dependent can enter the U.S. at the same time if they apply at a U.S. Embassy together. Example: Wei is a Chinese citizen married to Emma, who is a citizen of Canada. Emma wants to work in the United States with TN status.
Can a Canadian citizen enter the US on a TN visa?
It is possible, however, for a Canadian citizen to enter the U.S. on a TN visa at the same time as his/her spouse and/or children enter with TD visas. Even though it is not required of a Canadian citizen to have a visa to enter the United States, a Canadian seeking TN status can apply for a visa at a U.S. embassy.
How many professions qualify for a TN visa?
Here is a list of the 60 professions that qualify you for a TN visa:
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.
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.
How long does it take for a spouse to get an I-765?
Currently, it takes USCIS around 4-6 months to issue decision on this application. Your spouse is not allowed to work in the U.S. until after the work authorization application is approved and he/she received the work authorization card.
Who is reviewing the H-4 spousal work authorization?
The Department of Homeland Security recently submitted a proposal to rescind the H-4 spousal work authorization and the proposed rule is currently being reviewed by the Office of Management and Budget.
Can my spouse work with an EAD card?
Yes and Yes. Once your spouse receives her work authorization card, he/she may work for any employer (full or part-time) and he/she may also start a business. The spouse is not required to work if they have an EAD card.
Can a spouse apply for work authorization?
However, if you are in the U.S. on J-1 visa as au pair, camp counselor, secondary school student or summer work travel visitor, your spouse cannot apply for work authorization.
What is a TN visa?
NAFTA stands for North American Free Trade Agreement. NAFTA created special trade and economic relationships between the U.S., Canada, and Mexico. The TN visa allows Canadian and Mexican citizens, as NAFTA professionals, to work in prearranged business activities in the U.S. for U.S. or foreign employers.
How long can you stay in the U.S. on a TN Visa?
How long can Canadians stay in the U.S.? The maximum period a TN visa can be granted is 3 years. On paper, TN visas can be extended in three-year increments indefinitely as long as the holder satisfies all the requirements. The reality of extending the TN visa is unfortunately not that simple. There are many factors that can influence the time you can stay in the U.S. on a TN visa.
How to apply for a TN visa in Mexico?
There are various steps and the order of the steps and how they are to be completed will vary at the different embassies or consulates. 1. Complete the Online Visa Application Form. This is a Form DS-160 and can be completed online.
What to do if your TN visa is approved?
If your application is approved, you will have to take part in an immigration interview to move forward with your TN visa application. Check out this list of interview questions for the TN visa if you want to brush up on the best answers ahead of your interview.
How long does it take to get an extension for a TN visa?
There are specific time periods and processing times that apply to extension petitions. Your employer cannot file an extension petition before 6 months till the end of your current TN visa. Processing times for this extension can take anything from 2 to 7 months, but fortunately, USCIS has a premium processing service available at an additional cost. Processing time on this premium service is 15 calendar days.
What to know when applying for TN?
An important factor to keep in mind for both Canadians and Mexicans is that when you apply for TN status, you need to make sure you establish “non-immigrant intent”. This will show immigration officials a clear intention that you are not planning to stay in the U.S. on a permanent basis and that you intend to return to your home country.
Where to schedule a TN interview?
The interview should be scheduled at the U.S. Embassy or Consulate in the country where you live. You can schedule this interview in another country but applying for the TN visa could be more difficult in such a case.
Where do I send my spouse a visa?
If you want to bring your foreign spouse to the US, but you are currently living outside the US, you must submit a visa petition (form I-130) to either your local US Citizenship and Immigration Services (USCIS) office or directly to the US Embassy where your foreign spouse resides.
How long does it take to get a visa for a foreign spouse?
Embassy or Consulate abroad. Usually, the foreign-born spouse is interviewed and granted an immigrant visa within three to six months.
How to apply for a sponsor visa?
To obtain either visa, you must meet the following requirements: 1 You must be legally married. Merely living together does not qualify a marriage for immigration Unmarried partners are ineligible to sponsor visas to the United Stated. 2 In most cases you must have a residence in the US to apply. If you live outside the US, see the next section below. 3 You must be 18 years old before you can sign the Affidavit of Support, which is a form that will be required later in the process.
Can a K-3 visa be used for an alien spouse?
Since K-3 is a relatively new visa category, USCIS continues to be using the Form I-129F and it is still called a "petition for alien fiancé (e)" rather than a "petition for alien spouse". After the visa has been issued, the spouse can travel to the US. To obtain either visa, you must meet the following requirements:
Can a foreign born spouse get a waiver of joint petition?
If the marriage has ended because you got divorced, your US citizen spouse has died, or due to abuse in the marriage, the foreign-born spouse may eligible to apply for a waiver of the joint petition requirement. However, these waivers are very difficult to get.
Can USCIS stop a foreign born spouse?
Often the USCIS does not like this, and it is not uncommon for the USCIS to stop the foreign-born spouse at the Port of Entry and exclude him or her from the U.S. as an intending immigrant.
Can a spouse have a K-3 visa?
Before a K-4 visa can be issued to a child, the parent must have a K-3 visa.
