how does a tn visa work

The TN Visa is a US 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 US 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.

Full Answer

What is the process to get a TN visa?

To receive a TN visa, you must submit the following forms and documentation:

• Form DS-156, Nonimmigrant Visa Application completed and signed
• Form DS-157, Supplemental Nonimmigrant Visa Application by male applicants between 16-45 years of age
• A passport valid for travel to the U.S. and with a validity date at least six months beyond your intended period of stay in the U.S.
• One 2×2 photograph. ...
• Your employer in the U.S. ...

What are the qualifications for a TN visa?

TN Visa Requirements: Citizen of Canada or Mexico. Qualified under one of the accepted NAFTA professions. Evidence that the position in the United States requires a NAFTA professional. Participant has prearranged a part-time or full-time job with the U.S. employer. Self-employment is not accepted for this visa.

How to apply for a TN visa?

• Gather Required Documentation. Passport valid for travel to the United States - Your passport must be valid for at least six months beyond your period of stay in the United ...
• Attend Your Visa Interview. During your visa interview, a consular officer will determine whether you are qualified to receive a visa.
• Additional Information. ...

What is a TN visa status?

tn status or tn visa ( trade nafta) is a special non-immigrant classification in the united states that offers expedited work authorization to a citizen of canada or a national of mexico, created as a result of provisions of the north american free trade agreement that mandate simplified entry and employment permission for certain professionals …

Is TN visa tied to 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.

Is it hard to get a 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.

How long is TN visa valid for?

How long is the TN visa valid? The TN visa is valid for one year terms. You can extend your TN visa status for additional one year terms, but must prove that you continue to maintain a foreign residence and do not intend to stay permanent in the United States.

Can a TN visa turn into a 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.

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 I leave the US while on a TN visa?

Reply: There is no specific time period governing how long a TN visa worker and his/her dependents may remain outside the U.S. and then seek re-admission – provided a return is made within the validity period of the TN/TD visa status (as evidenced on the I-94).

How much does it cost an employer to sponsor a TN visa?

No Requirement To Pay Fees 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.

Can I 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.

How much does a TN visa cost?

Entering the U.S. On a TN Visa Canadian TN applicants must pay a $50 fee when entering the U.S, or $56 if crossing the border by car.

How many times can a TN visa be renewed?

The Limitations of TN Status TN status has a maximum period of validity of three years. It may be renewed indefinitely, but it must be done every three years. If an alien wishes to stay beyond the time indicated on their I-94 card, they must seek an extension of stay.

Can my wife work if I have a TN visa?

Simply put, via the TD visa, as a spouse or child of a TN visa holder, you can apply to work and live in the U.S. under this visa status.

How long does it take to get green card after TN visa?

Overall, the TN visa to green card process can take between six months and a year, sometimes more. Much of it depends on how busy your service center and/or U.S. consulate is. Unfortunately, there is no way to expedite this process.

Is tn1 visa easy to get?

Prospective TN-1 visa applicants must meet the following basic requirements, they must: Be a Canadian citizen. Have a US job offer in an eligible profession (see below) which requires someone with their professional skills. Meet the educational or qualification requirements for the job.

How long does it take to get a TN visa?

How Long Does It Take to Process a TN Visa? The initial TN visa processing time can be reviewed and processed within several months with the standard form of processing. If you pay extra for premium processing, the TN visa processing time takes 15 business days.

What happens if TN visa is denied?

If you have been denied a TN Visa for any reason, don't panic. Some TN Visa denials cannot be overcome, but depending on the reasons behind your denial, there may be options to make corrections, return to the port of entry with the correct documentation, reapply, and still obtain approval of your TN Visa.

Does TN visa require interview?

In addition to documentation requirements, the TN visa application process also requires an interview by a U.S. immigration officer.

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?

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.

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 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.

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.

How long is a passport valid for?

Your passport, which is valid for travel to the U.S. for 6 months beyond your planned period of stay. Some countries are exempted from this 6-month requirement.

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.

How to get a TN visa?

The easiest way to get a TN Visa to work in the U.S. is to find a job that’s NAFTA-approved with a fixed term of 3 years or less. Ensure that you have the necessary education and experience, and that you can prove it with documentation. Bring all required documents, including your offer letter and passport, with you to the port of entry. To learn about specific procedures for Canadian or Mexican citizens, read on...

How to apply for a TN visa?

To apply for a TN visa, you must have an offer letter which includes a start date and end date such that the period of employment or contract is for 3 years or less.

How to get a TN visa for Mexico?

1. Make an appointment with a US Consulate or Embassy. Mexican citizens must have a TN visa to enter the US and therefore, must apply at a US Consulate or Embassy abroad. It is recommended that Mexican citizens apply in Mexico since officers in those consulates are more aware of the TN visa regulations and procedures.

How much does a TN visa cost?

Have US dollars available to pay for your TN visa which is U$50 for the application and U$6 for the I-94 issued (beginning in 2014, your TN visa is approved and recorded online by the US Customs officer you will be dealing with. In the past, you would have been issued an I-94 stub piece of paper. Now, you will be given documents on how to retrieve your online I-94 information which you can use for personal reference that your TN visa was approved). You will pay an additional U$6 for each dependent of yours.

How long can a TN visa be renewed?

Although a TN visa holder status has a maximum period of 3 years, it may be renewed indefinitely.

Where to fill out a USCIS form?

Go to uscis.gov. There you will find the proper form to fill out and all the info you need.

Can a Canadian citizen withdraw an immigration application?

Therefore, in this situation, the applicant should ask to withdraw the application, although there is no statutory right to do so.

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:

What is a NAFTA professional?

The position in the United States requires a NAFTA professional; You have a prearranged full-time or part-time job with a U .S. employer (but not self-employment - see documentation required below); and. You have the qualifications to practice in the profession in question.

What is the North American Free Trade Agreement?

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

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 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 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.

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.

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

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

What Is a TN1 Visa?

Under NAFTA, Mexico, Canada, and the US agreed to share employees. The deal addressed, in part, concerns about people moving across borders illegally and working in places they’re not qualified to work.

How long is a TN 1 visa good for?

That makes the TN 1 a great choice for temporary assignments. A TN 1 can be issued for one to three years.

Why did NAFTA allow employees to work in the US?

NAFTA recognized that the right person to hire may not always live in the US, so companies may need to look beyond borders to find the ideal employee.

Is it easy to get a TN1 visa?

Getting a TN1 visa doesn’t need to be stressful. In fact, it can be quite easy! Talk to the professionals today and discover if the TN1 visa is right for your situation.

Do you need to visit an embassy to get a TN visa?

Canadians with a job offer in one of the qualifying fields can bring the required paperwork to the border. You don’t need to visit an embassy first, like you would with other visas.

Is the TN visa program still in place?

There was some concern the new USMCA would either do away with the TN 1 visa or make significant changes that would impact employers’ ability to find the right people. The good news is the TN visa program is staying in place under the USMCA. This will continue to allow engineers, scientists, and other highly qualified professionals to move and work across borders.