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how to get a tn visa to work in usa

by Prof. Katlyn Gerhold Published 2 years ago Updated 2 years ago
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Top 10 Tips for Getting a TN Visa

  • US Job offer should be consistent with your Education
  • US job offer should appear on the NAFTA LIST
  • US job offer should not exceed three years
  • US job offer letter should be properly formatted with all relevant information
  • When you apply, READ and UNDERSTAND all your documentation
  • Your resume should be well organized and complete
  • Employment references should be consistent and relevant
  • Bring a valid Canadian Passport for at least three years
  • Foreign degrees and diplomas should be evaluated as equivalent to Canadian or US Standards
  • Get your TN Documentation reviewed by an Immigration Professional

How do I apply for TN status?
  1. Apply directly at a U.S. Customs and Border Protection (CBP) port of entry when entering the U.S. or.
  2. Have your employer submit the TN application along with Form I-129 to U.S. Citizenship and Immigration Services (USCIS) and then seek entry once approved at a U.S. port of entry.

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."

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

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. Canadian professionals can request TN status at a U.S. port of entry.

Can I apply for a TN visa without an offer of employment?

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. Though the term “visa” is often used, Canadians are not actually issued a TN “visa.” Instead, they are admitted in TN status if approved.

What is the application process for a TN visa?

There is no specific application for a TN visa. However, individuals seeking to enter the United States under the TN visa category must submit a petition to the United States Citizenship and Immigration Services (USCIS) requesting approval to enter the country.

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Can you work in the US with a TN visa?

The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals, to work in the United States in prearranged business activities for U.S. or foreign employers.

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.

How can a Canadian get a U.S. work visa?

Obtaining the O-1 Visa as a Canadian Citizen The employer in the U.S. makes the initial application by filing Form I-129, Petition for Nonimmigrant Workers with the USCIS, along with supporting documentation proving that the applicant fulfills the requirements for the O-1 visa.

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.

Is it difficult 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 myself?

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 it hard for Canadians to get a US work visa?

Getting a work visa in the U.S. is easier for Canadians than almost any other nationality, and you have several options to choose from. However, most of these options require a job offer and proof of credentials, and some require more substantial credentials than others.

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.

Do TN visas require 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.

How much does it cost for an employer to sponsor 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.

How much does 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 do I get a sponsor to work in the US?

As explained, getting a sponsorship employment visa requires you to have an offer from a US employer. The US employer must send you a contract to sign, which will then be part of the sponsorship documents. In some nonimmigrant visas the Department of Labor first requires a Labor Certification.

Can I apply for green card if I have a TN visa?

TN Visa to Green Card through consular processing Alternatively, TN visa holders can simply leave the U.S. and file an application for a green card from their respective home countries. This is known as consular processing. The USCIS will process the petition and issue you a priority date.

Is TN visa eligible for green card?

Considering that the TN visa is a non-immigrant type of visa classification, it does not automatically lead to you receiving a green card. Therefore, in order to move from TN visa to green card, you will have to go through a status adjustment or apply for an immigrant visa beforehand.

How much does 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 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.

What is a TD visa?

A TD nonimmigrant visa allows the legal spouse and children (21 years and older) of the primary TN Visa holder to reside in the United States. Since this is a dependent visa, the TD visa is valid for as long as the TN visa holder’s status remains valid. There is no limit on the number of renewals that one can take for their TD visa status. TD-1 visas are issued to eligible family members of Canadian citizens while TD-2 visas are issued to eligible family members of Mexican citizens. The standard requirement is that the TD visa applicants should be able to demonstrate their spousal or parent-child relationship with the primary TN visa holder. If approved, TD visa holders will also receive an I-94 record governing their duration of stay in the US. This I-94 record will come with the same period of stay authorized for the TN visa holder.

What is required to be included in NAFTA?

Along with proof of Citizenship (such as birth certificate or passport), evidence that the intended employment/business activity and the applicant qualify under Chapter 15, Schedule 2 of NAFTA, including: A temporary Offer of Employment from a prospective U.S. employer; Copies of relevant educational degrees, diplomas and certificates.

Do you have to appear at the border to get a TN visa?

Applicants are required to appear at the border with the necessary documentation. An immigration official will review the documentation and, if that officer is satisfied that the applicant qualifies for the Visa, a TN Visa will be issued on the spot!

Can a Canadian family member enter the US without a TN visa?

A Canadian without TN nonimmigrant status, who resides in a third country with a non-Canadian spouse and/or child (ren), and who plans to enter the United States as a USMCA professional at the same time as the family member (s), will need a TN visa in order for the family members to be eligible to apply for derivative TD nonimmigrant visa (s).

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.

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 is a NAFTA profession?

This means your profession must be on the NAFTA list. The business activity or position you wish to engage in must require a NAFTA professional. You have the necessary qualification to practice in the profession you are applying for.

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.

What is TN Visa?

The TN Visa is a U.S 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 U.S 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. There are around 63 occupations for which Canadians and Mexicans qualify to work on. These include lawyers, scientists, engineers, teachers, etc. To check whether you qualify in any of the professions, visit the NAFTA website.

What are the requirements for a TN visa?

The general requirements for people to qualify for the TN visa are: Applicants must be citizens of Canada or Mexico. Their occupation must be on the NAFTA list. They must have a full time or part time job offer from an employer in the U.S.

How much does it cost to get a visa in Mexico?

Pay the visa application fee of $160 (for Mexican citizens only) and any other applicable fees

How many types of TN visas are there?

There are two types of TN visa based on nationality:

How long is a TN visa valid?

After you get the TN visa, it is first valid for 3 years Afterwards, there is a possibility to extend it for an additional 3 years indefinitely. This means, that as long as you are employed in the U.S and can prove ties to your home country in either Canada or Mexico, you are allowed to remain in the U.S on a TN visa.

What is the North American Free Trade Agreement?

To create better relationships between countries in America, the U.S in cooperation with Canada and Mexico created the North American Free Trade Agreement (NAFTA). This agreement, besides its economic and trade benefits, also has travelling and working advantages on a NAFTA visa.

How many years of experience do you need to get a job?

In addition, a lot of them require at least three years of experience, which cannot be substituted with more educational degrees. To prove your work experience, you must submit letters from past employers which verify you have worked at that place of employment and details about your job.

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 is a TN visa?

The TN visa was originally created under the North American Free Trade Agreement (NAFTA) between Canada, U.S. and Mexico. Though the term “visa” is often used, Canadians are not actually issued a TN “visa.” Instead, they are admitted in TN status if approved.

How long does a TN visa last?

There are several advantages to applying for a TN status. First, TN status is granted for three years, the same duration as an H-1B visa.

What are the disadvantages of being a TN?

One disadvantage to TN status is that it only applies to a specific group of professions. Specifically, you must qualify under one of the 60+ professions on the professional occupations list in order to be eligible for TN status.

How to apply for TN status?

There are two ways to apply for a TN status: 1) in person at a port of entry (POE) to the United States, such as a major Canadian airport or a land border; or 2) the employer files a petition to USCIS.

What happens if you are denied TN status?

If you are denied TN status at the port of entry, you will be told the reason why and you can attempt to cure any deficiencies in a new application. If TN status is denied by USCIS, it takes a lot longer – and a lot more money – to obtain a favorable decision.

Is TN a USMCA?

As of July 2020, TN visas are being issued under the newly formed United States-Mexico-Canada Agreement (USMCA). While NAFTA no longer exists, Appendix 1603.D.1 that governs TN visas has been incorporated into the USMCA, and the procedure and criteria remain the same.

Should I apply for TN status at a port of entry or through USCIS?

Second, CBP officers will make a decision whether to approve a TN application immediately. On the other hand, applying for TN status through USCIS will take longer and cost the employer much more in legal fees and filing fees. If you are denied TN status at the port of entry, you will be told the reason why and you can attempt to cure any deficiencies in a new application. If TN status is denied by USCIS, it takes a lot longer – and a lot more money – to obtain a favorable decision. You may also be required to leave the United States during this time.

What is TN visa?

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 United States for the U.S or foreign employers. You will only get temporary entry into the U.S with this visa ...

How long do you have to work to get a mortgage?

Qualification. You need at least 2 years of work history in the U.S in order to qualify to apply for a mortgage loan. You will have to show this employment history to the lender. If you have worked for the same company in another country, this will be taken into account when considering your work history.

Can a TN visa be used to buy a house?

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. Read More: US Mortgages for Non Residents.

Can a TN visa holder get a mortgage?

With immigration-related tensions in the U.S. , many people might assume that it would be hard for a visa holder to get a mortgage in the U.S. Luck ily, it’s very possible and quite legal. TN visa holders (or TN permit holders) may have to work a bit harder than the average American to get a mortgage loan, though.

Does a Canadian Need a Visa for the U.S.?

All non-U.S. citizens need a visa to enter the United States for the purposes or work, education, or travel. Canadian citizens may enter the U.S. for work purposes with a TN visa.

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.

Is a TN visa a dual visa?

A TN visa is not a “dual intent” visa, meaning that someone who has filed an application with USCIS for a green card will not be granted a TN visa / status.

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.

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