How far in advance can I apply for TN visa?
- TN Visa Expert How far in advance are you able to apply for the TN Visa at the border? There is no defined time, but Immigration Officers will approve your application 1 week before the start date. If you attempt to apply 2 weeks or more, you may be told to come back closer to your start date.
Do I need a TN visa to enter the US?
If you are a Mexican citizen, then you are required to obtain a visa to enter the United States as a TN nonimmigrant. You should apply for a TN visa directly at a U.S. embassy or consulate in Mexico. See the U.S. Department of State webpage, "Mexican and Canadian NAFTA Professional Worker."
How do I apply for a TN visa in Mexico?
You should apply for a TN visa directly at a U.S. embassy or consulate in Mexico. See the U.S. Department of State webpage, " Mexican and Canadian NAFTA Professional Worker ."
How long does it take from TN visa to green card?
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.
How long does it take to obtain 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.
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.
Are TN visas hard 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.
How many times can you apply for a TN visa?
It may be renewed indefinitely, but it must be done every three years.
Can you apply for TN visa in advance?
Canadians applying for TN status can file the application when seeking entry to the United States at Customs and Border Protection (CBP), without needing a visa ahead of time.
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.
Does TN visa require interview?
A consular officer will interview you to determine your qualifications for a TN visa. Additional documents may be requested to establish if you are qualified. For example, additional requested documents may include evidence of your intent to depart the United States after employment as a NAFTA professional.
Can TN visa lead 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 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 often are TN visas denied?
In 2018, the TN approval rate was 88.2% and RFE was issued in 28.2% of cases. In 2019, the TN approval rate was 89.8% and RFE was issued in 24.5% cases. In 2020, the TN approval rate was 90.5% and RFE was issued in 23.1% cases.
Why would a TN visa get rejected?
Many times, a TN Visa is denied for a very valid reason—the applicant was simply not qualified for a TN Visa. This typically happens when the applicant does not meet the TN Visa education requirements, or the position applied for does not fall under a qualifying TN Visa profession.
Why would a TN visa be denied?
Possible Reasons for TN Visa Rejection Insufficient supporting documentation. Applied under the wrong NAFTA Occupation. You really do not qualify for the TN Visa. Immigration Officer does not understand how you qualify for NAFTA.
What is needed for a TN visa?
The following documents must be provided to USCIS and/or border officials in order to be issued a TN visa: Proof of citizenship. Form DS-160, Nonimmigrant Visa Electronic Application. Documentation of diplomas, degrees (and evaluations of foreign degrees if necessary), certificates, and professional memberships.
Can you switch employers on a 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.
How much does it cost to get a TN visa?
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 do I hire someone with a TN visa?
Visa Sponsorship Required A prospective employer must request employment authorization on behalf of a TN visa worker. The extent of this requirement, however, is generally limited to the provision of an employer support letter that requests TN visa work authorization on behalf of the applicant.
I went to the border for my TN Visa and the Immigration Officer told me to come back in 3 weeks on Oct 01 when my start date is. Can I not go earlier than my start date?
Yes. Usually you can enter the US. 5-10 days before the job start date so you can arrive to the job on time and get settled into your apartment, etc. Most Immigration Officers are reasonable with this request. They however, will start your TN Visa on the date you enter so you may lose a few days.
More TN Visa Application Questions
Does my offer letter need an original signature for my TN Visa application?
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 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.
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 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 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:
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.
How far in advance of my start date can I apply for a TN visa?
It is very important for you to be aware of the protocol of the particular ports you’re considering. If you are applying by mailing an application to the Vermont Service Center, you can apply up to 6 months in advance of the start-date.
How long is the TN visa good for?
The TN visa can now be obtained for a maximum period of 3 years upon each application. Sometimes this period of time is limited to less than 3 years if it is clear from the application that the applicant’s services are needed for less time.
How do I apply for a TN?
You can apply for a TN at a port-of-entry, such as a land border, pre-flight clearance, or at an airport in the United States after arriving from an international flight. On October 1, 2012, the United States Citizenship and Immigration Service (USCIS) began accepting TN visa applications on behalf of Canadians situated outside of the United States by mail at the Vermont Service Center (VSC). Applying through the VSC requires an additional fee and is more time consuming than applying at a port-of-entry, but it does offer applicants and United States employers some benefits and added flexibility
What are the filing fees for a Canadian NAFTA TN Visa?
If you elect to file your application by mail and wish to expedite the process via premium processing, the additional filing fee for this service is $1,225.
What are the legal fees for TN Visa representation?
Give us a call and we will be happy to discuss our affordable fee structure with you. Rest easy, that Lightman Law Firm prides itself in offering the highest level of service at an affordable FLAT rate. You will never experience any pressure or obligation to work with us.
Is there a quota or lottery for the TN visa like there is for the H-1b visa?
No, the great thing about the TN visa is that there is no quota or lottery like there is for the H-1B visa.
What is the maximum period of time that I can be in the United States in the TN status?
However, in practice we have seen that certain ports of entry and the Vermont Service Center tend to apply more scrutiny when you have been in the United States in the TN status for 6+ years .
What is a TN visa?
The TN visa was created by the North American Free Trade Agreement (NAFTA), to ease the path toward a visa for professional-level workers from Canada as well as Mexico. As of July 1, 2020, the United States-Mexico-Canada Agreement (USMCA) replaced NAFTA including the provisions that govern the TN visa. The TN regulations can be found in Chapter 16 of the USMCA, and they remain largely the same as was provided in NAFTA with only minor changes to the list of professions that qualify for TN status. The TN visa offers Canadians a more direct way to obtain a U.S. nonimmigrant (temporary) visa than traditional work visas such as the H-1.
What to do if you have a TN visa denied?
Another option, which is especially useful if you've had a TN visa denied at the border, is to apply ahead of time, through USCIS. You'll then need to present your approval notice to CBP when you seek U.S. admission.
Where to send I-129 extension?
To file for an extension, the employer must send Form I-129, together with the same types of documents used for the initial application, to the USCIS Vermont Service Center. Alternatively, an applicant who doesn't mind leaving the U.S. can request an extension by departing before the expiration of TN status and visiting a U.S. consulate in Canada.
Can a TD visa be used to bring a spouse to the US?
TN visa recipients can also bring their spouses and children to the U.S. (in TD status) by providing proof of the family relationship, such as a birth or marriage certificate, within the application process. Family members with TD status cannot legally work in the United States.
What are the requirements for a TN visa?
Here are the main requirements for a TN visa: You must be a citizen of either Mexico or Canada—lawful permanent residents of these countries are not eligible. The TN is divided into two categories. The TN-1 is for Canadian citizens and the TN-2 is for Mexican citizens.
What is a TN visa?
The TN visa is a nonimmigrant work visa designed specifically for the citizens of Mexico and Canada to work temporarily in the U.S. provided that they have a certain occupation. These two countries are joined with the U.S. by the North American Free Trade Agreement (or NAFTA) and the workers that come and go through TN status are referred to as NAFTA professionals. Here are the main requirements for a TN visa: 1 You must be a citizen of either Mexico or Canada—lawful permanent residents of these countries are not eligible. 2 You are not self-employed 3 You must have a part-time or full-time position with a U.S. employer for one of the following positions that require NAFTA professionals:#N#Accountant#N#Plant Breeder#N#Poultry Scientist#N#Soil Scientist#N#Zoologist#N#Landscape Architect#N#Forester#N#Graphic Designer#N#Chemist#N#Dairy Scientist#N#Entomologist#N#Epidemiologist#N#Geneticist#N#Hotel Manager#N#Industrial Designer#N#Interior Designer#N#Land Surveyor#N#Lawyer#N#Management Consultant#N#Mathematician#N#Librarian#N#Urban Planner#N#Vocational Counselor#N#Dentist#N#Dietitian#N#Medical Laboratory Technologist#N#Range Manager#N#Research Assistant#N#Scientific Technician#N#Social Worker#N#Technical Publications Writer#N#Pharmacist#N#Physician#N#Physiotherapist#N#Psychologist#N#Recreational Therapist#N#Registered Nurse#N#Seminary Professor#N#University Professor#N#Veterinarian#N#Architect#N#Computer Systems Analyst#N#Economist#N#Engineer#N#Agriculturist#N#Animal Breeder/Scientist#N#Agriculturist#N#Astronomer#N#Biochemist#N#Biologist#N#Geochemist#N#Geologist#N#Geophysicist#N#Horticulturist#N#Meteorologist#N#Pharmacologist#N#Physicist#N#Nutritionist#N#Occupational Therapist#N#College Professor
What is the priority date for green card?
If you are not familiar with priority dates, here is a quick explanation. When you file your green card petition, the date that the USCIS receives it will be marked as your priority date. This date is yours and does not change. The priority date must be compared to another date called the “final action date”. You will find this posted in the monthly visa bulletin released by the Department of State. Final action dates usually change every month and are assigned based on the type of green card and the beneficiary’s country of origin.
How much does a TN visa cost?
As far as cost is concerned, you are only responsible for the I-129 processing fee of $460, an application fee of $50, and an I-94 arrival/departure card fee of $6, totaling at $516, far less than the average nonimmigrant visa.
How long does it take to get a green card after marriage?
You will need to wait until the I-130 has been approved (4-6 months ) Then you can travel to the U.S. consulate or embassy in your home country (Montreal for Canada and Juarez for Mexico) for an interview with a consular officer to determine the validity of your marriage. If approved, you will receive your green card.
How long do you have to be an employee to get an L-1 visa?
You need to have been an employee in the overseas branch for at least one year in the three years preceding your L-1 petition. Here is an example where it would work if you had a TN visa:
Is L-1 visa better than TN?
The L-1 visa is also a good alternative to the TN, but not a perfect one. It allows multinational companies to send their managers, executives, and specialized employees to their locations in the U.S. There is no annual cap or lottery and there is no education requirement, making it an ideal option in light of the H-1B. Additionally, an employer can file one petition for multiple L-1 visas at the same time, making it cheaper on the employer.
