Visa-Faq.com

does tn visa require sponsorship

by Lon Thiel Published 3 years ago Updated 2 years ago
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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.Nov 14, 2017

Does a TN visa need sponsorship?

Yes, TN is simpler, but you need “visa sponsorship” in terms of your employer providing you a formal offer that matches TN requirements; and if you are fired or laid off, you cannot stay in the USA, and have to get a new employer to get a new visa. So you should answer “yes” to the visa sponsorship question.

What are the requirements for a TN visa?

You may be eligible for TN nonimmigrant status, if:

  • You are a citizen of Canada or Mexico;
  • Your profession qualifies under the regulations;
  • The position in the United States requires a NAFTA professional;
  • You have a prearranged full-time or part-time job with a U.S. ...
  • You have the qualifications to practice in the profession in question.

Who qualifies for a tn 1 visa?

  • Physician (teaching and/or research only) – M.D., or state/provincial license
  • Dentist – D.D.S., D.M.D., or state/provincial license
  • Occupational Therapist – baccalaureate degree or state/provincial license
  • Pharmacist – baccalaureate degree or state/provincial license
  • Physio/Physical Therapist – baccalaureate degree or state/provincial license

More items...

Can I change jobs with TN visa?

TN visa workers cannot begin employment with a new or additional employer until they receive authorization from U.S. immigration authorities. 8 CFR 214.6 (i) . TN visa workers can change employers by mail using form I-129 in the same manner as if filing for an extension of status.

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What are the requirements for TN visa?

In order to be eligible for TN status, you will need: Proof of your Canadian or Mexican citizenship, such as a passport. A pre-arranged full-time or part-time job in the United States with a U.S. employer, or a foreign employer with a U.S. entity. Qualifications to practice, such as a bachelor's or master's degree.

How much does it cost to sponsor a TN visa?

Sponsorship requires the college/department to pay $460 in application fees. USCIS processing varies from 3-5 months.

What does an employer need to do for a TN visa?

To qualify for TN visa status, you must have an offer of employment from a U.S. company to work in a profession that is listed on the NAFTA occupations list. Your employer in the United States must require someone in your professional capacity for the position.

Will you now or in the future require sponsorship for employment visa status TN visa?

Answering "Will you now or in the future require sponsorship for employment visa status (e.g., H-1B visa status)?" If you'll require the company to commence ("sponsor") an immigration or work permit case in order to employ you, either now or at some point in the future, then you should select Yes. Otherwise, select No.

Is it hard to get TN visa?

When compared to the process of obtaining other work visas, such as an H-1B Visa or an L-1 Visa, it is rather easy to get a TN Visa. In fact, in many cases you can obtain a TN Visa the same day at a qualifying port of entry.

Can I apply for TN visa without job offer?

TN Visa under USMCA for Canadians. You must have a job offer from a U.S. employer before applying for TN status. You cannot apply on your own without such an offer of employment. The TN visa was originally created under the North American Free Trade Agreement (NAFTA) between Canada, U.S. and Mexico.

Is TN status a sponsorship?

Canadians and Mexicans are both able to obtain TN Visa status without the formal sponsorship associated with the processes of obtaining H-1B Visas and US Green Cards. A TN visa is not considered formal sponsorship, here are a few reasons why.

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 a Canadian work in the US without sponsorship?

The short answer is yes, Canadian citizens can indeed work in the United States, but just like any other foreign national, they must first obtain the appropriate U.S. work visa from the United States Citizenship and Immigration Services (USCIS).

Can you go from TN visa to green card?

Can TN Visa Holders in the U.S. Transition to a Green Card? One of the most common questions that TN visa workers have is whether they can move from such a visa to a green card or not. The answer for that is: yes, you can most certainly do so.

Can I write my own TN letter?

Creating a great TN Visa Letter is a skill. Like anything in life, as you become familiar with something, you get better at it. If you decide to write your own TN Visa Employer Letter, use the following guidelines: Your TN Visa Employer Letter is concise and does not ramble on.

Are you eligible to work in the US without sponsorship?

Yes, it is possible to obtain a work visa without sponsorship from an employer in the United States. There are three types of visas that allow this, and they are known as EB-1, O-1, and EB-5. An immigration attorney can help with obtaining one of these visas.

Does an employer have to pay for a TN visa?

Unlike the H-1B visa category, an employer is not required to pay any of the costs associated with filing for a TN visa. Under the H-1B visa program, employers are generally required to pay all costs such as government filings fees and any associated legal fees.

How much does it cost a company to sponsor a work visa in USA?

Petitioning for foreign workers in the H-1B and permanent employment-based visa sponsorship processes can be an expensive. Sponsoring a nonimmigrant employee for the H-1B can cost anywhere between $1,250 to $4,500 in filing fees alone, not including fees paid to attorneys to facilitate the process.

How long does it take for TN visa to be approved?

This is not a complicated process for NAFTA Professionals, which is why it can take only a few months (2 to 6 months) to receive the TN Visa. However, there is a Premium Processing that allows you as a NAFTA Professional to get your visa in 15 business days at most.

Can TN visa get green card?

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.

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 is a TN visa?

The TN Permit is for the employment; a TN Visa allows entry to the country based on the permit. Canadian Citizens generally do not require a Visa. TN stands for Trade NAFTA which allows the ease of access to resources across the border as long as they meet the NAFTA requirements. At the border you are requested a proof of employment and validation of your credentials if you qualify. That is all there is to it. Also, you are only allowed to work the duration listed on your TN permit. At the end of the employment, the TN employee must leave immediately as overstaying is against the intent of the original permit. For TN renewals, they need to go back to the port of entry or apply with USCIS. The employer has no obligation to send you back to Canada or cancel your TN, it is the responsibility of the TN employee. Therefore, it cannot be considered a sponsorship. In a sponsorship the employer has a liability to the foreign employee. In the case of TN, the employer has no liability to treat you as a foreign employee, including bearing the cost of TN, attorney fees, travel costs, etc.

What happens at the end of a visa?

At the end of the term of the visa, you have to leave the USA and re-apply with a new offer letter, from the same employer or another one. This can be as short as crossing the border and turning around but it has to be done on the way into the USA.

Can a company sponsor you on a visa?

Yes, it is visa sponsorship, as the company needs to be willing to hire you with a visa; there are many companies that are very specific on not sponsoring visas.

Is TN mentioned on every website?

This is specifically mentioned on every web site for the TN.

Does a US company issue a TN visa?

A US company does not issue a TN visa. They provide a letter of support for hiring a NAFTA professional.

Who must request employment authorization on behalf of a TN visa worker?

A prospective employer must request employment authorization on behalf of a TN visa worker.

Do you have to have a salary to get a TN visa?

The TN visa regulations do not require that a TN visa worker receive a certain salary or wage, or document the ability to financially support a family.

Can an employer terminate a TN visa?

The employer is free to terminate a TN visa worker at any time without providing notice to U.S. immigration authorities or incurring liability under the U.S. immigration laws.

Do you have to sponsor an individual for a TN visa?

Contrary to popular belief, the TN visa classification does require an employer to “sponsor” an individual for TN visa work status.

Do you have to request extension of work authorization for TN?

As with most other temporary work visas, an employer would be required to request the extension of work authorization for any TN visa employees.

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:

How is TN different from traditional sponsorship?

Hiring an employee on TN is different from traditional sponsorship because it requires minimal work for the employer and there are no further obligations for the employer once TN status is granted, besides remaining compliant

What do employers need to provide for the TN application?

What application materials do employers need to provide for the TN application? In the most basic cases, the employer only needs to provide a letter of support for the employee indicating the job opportunity, the NAFTA profession, dates of employment, compensation, and other basic information.

What form do I need to file for nonimmigrant status?

When submitting the application to U.S. Citizenship and Immigration Services (USCIS), the employer also needs to submit Form I-129 (“Petition for a Nonimmigrant Worker”). This is the only case where the employer needs to submit the complete application.

What is TN status?

TN status allows Canadian and Mexican citizens to come to the United States to work in certain specialty occupations. But as an employer, the process can be daunting. Who is eligible, where do you submit your application, and how much does it cost? Read on for the answers to these questions and more.

How long is a TN valid for?

TN is valid for up to 3 years at a time but is renewable indefinitely as long as the individual does not show immigrant intent

Can a strong TN be rejected?

Strong TN applications are rarely rejected outright. At CBP, unsuccessful TN applications are provided the opportunity to “withdraw,” especially in circumstances where the Canadian employee applies at a pre-clearance facility and is able to stay in Canada. USCIS may often ask for a Request For Evidence (RFE) for applications that are initially not approved

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