how does 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 …

How long can you stay in the U.S. with a TN visa?

three yearsTN visa holders have an initial stay in the U.S. of three years. After that period, TN visa holders can apply for unlimited renewals that are granted in three-year increments. As such, the total stay varies.

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.

Is TN visa easy to get?

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.

What are the benefits of a TN visa?

TN status allows qualified Canadian and Mexican nationals to temporarily come to the United States for business activities at a professional level. If you qualify for TN status, you can work and stay in the United States for up to three years, with the option to extend your stay.

Can I convert TN visa to 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.

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.

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.

Can I apply for TN visa without job offer?

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.

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.

Can I live in USA with TN visa?

Well, the TN visa is a non-immigrant type of visa classification that is available to the citizens of Mexico and Canada. Those who have a TN visa can work and live in the U.S. – initially for 3 years, after which you can extend the period indefinitely, regardless of how many years you plan on staying there.

What are the limitations of a TN visa?

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.

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.

Can I have H1B and TN visa at the same time?

You cannot be on two concurrent TN visas. The other employer will have to file an H1B petition to allow you to work concurrently.

Can I get TN visa after H1B?

Yes, you can get a TN Visa after the H-1B visa. You simply leave the country and upon re-entry apply for your TN Visa. Remember, the TN Visa has a temporary intention, so you may have to show ties to Canada.

Is Canada PR better than H1B?

Canada PR – Which One Is Better in 2022 (For Indians)?...Limitations of H1B Visa vs Canada PR.US H1B VisaCanada PRYou can only extend the H1B visa once for a total maximum stay of six yearsYou may not be able to patronize some favourite chains on Canadian soil that you find in the US4 more rows

Do US companies sponsor TN visa?

So while a TN Visa does require a job offer and written support from a US employer, this is not considered formal sponsorship.

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 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.

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 a TN visa?

The TN visa is a powerful non-immigrant visa classification available to citizens of Canada and Mexico. With a TN visa, you can live and work in the USA for extended periods of time.

How to qualify for a TN visa?

In order to qualify for a TN visa, you must satisfy the educational and professional requirements of the US job. You can see the educational and professional requirements for each of the TN occupations listed above.

How to go from TN to green card?

To go from TN visa to green card you can either apply for an adjustment of status or apply for an immigrant visa abroad. An adjustment of status is when you go from non-immigrant classification to immigrant classification. The entire process can be done within the USA without the need to go abroad.

What are the requirements to get a TN visa?

To qualify for a TN visa , there are 5 main requirements: You Must be a citizen of Canada or Mexico. You Must have a job offer to work in the USA. Your Job Must be Listed on the TN Occupation List. You Must Satisfy the Educational and Professional Requirements of the US Job.

What is the most important piece of evidence for a TN petition?

One of the most important pieces of evidence for your TN petition is the support letter from your US employer.

How long can I stay in the USA with a TN visa?

With a TN visa, you can initially stay in the USA for up to 3 years. There is also no limit to the number of times you can extend your TN status. So through the TN classification, you may be eligible to lawfully live and work in the USA for several years. ii.

Where do you seek TN classification?

Following TN visa issuance, a TN worker must then seek TN classification at a US port of entry.

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 will I need to apply for TN status?

The process for applying for TN authorization for Canadian and Mexican citizens is different, but the requirements are similar. For every TN application, you will need:

What is TN status?

TN (Trade NAFTA) status is a nonimmigrant employment visa which allows Canadian and Mexican citizens who work in specific professional occupations to work in the United States. The arrangement is open to citizens from these countries under the former North American Free Trade Agreement (NAFTA), now known as the U.S.-Mexico-Canada (USMCA) agreement, which created special economic and trade relationships for the United States, Canada, and Mexico.

Is the TN visa employer-specific? What if I want to change employers while on a TN visa?

You can only work in the U.S. for the employer named on your TN visa. If you’d like to work for someone else or change companies, you will need to re-apply for a visa

Can TN visa holders apply for a green card?

Unlike other temporary work visas, the TN visa is not a “dual-intent” visa. This means that when you enter the U.S., you’re signalling that you won’t try to permanently move to the U.S..

Did the USCMA affect the TN visa?

No . The new U.S.-Mexico-Canada Agreement (USMCA) includes the same provisions for the TN visa as the North American Free Trade Agreement (NAFTA).

Can I get a TN visa without a degree?

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.

Can I use I-129 for TN?

For both Canadians and Mexicans on a nonimmigrant status in the U.S., you can use Form I-129 to adjust your status to TN, or to reapply for TN for renewals or new employment.

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 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.

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

How to get a TN visa?

To get a TN Visa, there are 5 main requirements: You must be a citizen of Canada or Mexico. You must have a job offer to work in the United States. Your proposed job must be listed on the TN Occupation List. You must possess the educational and professional requirements for the proposed US job.

How to qualify for a TN visa?

To qualify for a TN visa, you must satisfy the educational and professional requirements for the proposed US job. For each of the professions listed on the list of TN visa occupations, there are educational and professional requirements.

How to demonstrate strong ties to your foreign residence?

You can demonstrate strong ties to your foreign residence by showing that you have obligations, commitments, property, bank accounts, family, etc. in your home country.

Can a Mexican work in the US with a TN visa?

The TN visa is a non-immigrant visa for citizens of Canada and Mexico. With a TN visa, a Mexican or Canadian citizen can work for a company in the United States. Because the TN visa is a non-immigrant classification, it is temporary and does not directly lead to a green card. The TN visa initially grants 3 years of status in the United States and can be extended without limit.