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how to obtain tn visa

by Gabriella Mertz Published 3 years ago Updated 2 years ago
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How to Get a TN Visa in 8 Steps

  1. Look for fixed-term job postings. TN visas are only available for jobs which have an (initial) fixed term of three years or less. ...
  2. Determine if the job involves an eligible TN occupation. TN visas are only issued to Canadians working in one of the professions specified in Appendix 1603.D.1 of the NAFTA.
  3. Ensure you meet the requirements. Each TN visa-eligible occupation also has minimum education or credential requirements. ...
  4. Obtain an offer letter from your employer. To be issued a TN visa you will need a letter from your new employer which includes the start and end date ...
  5. Collect employer supporting documents. Typically provided by the company’s human resources department, your successful TN visa application will also require a letter or other documentation that explains your employer’s ...
  6. Gather your paperwork and get ready to travel. Head to a port of entry into the United States (most often an airport) and approach U.S. ...
  7. Bring U.S. Currency. Your TN visa application processing fee will cost $56 USD: $50 for the visa and an additional $6 for your I-94 card which is required, along ...
  8. If you have dependents, bring them too. Spouses and dependent minors under age 21 are eligible for TD visas, should you wish them to travel with you to the ...

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.

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.

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...

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 …

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Who qualifies for 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. Permanent residents of Canada and Mexico are not able to apply for TN visas to work as NAFTA professionals.

Is it easy 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.

How long does it take to get TN visa?

As of May 2022, the Vermont Service Center is taking two months to process I-129s for TN visas. For the most accurate processing time, check the USCIS site. However, you can opt to pay an additional fee for premium processing, which will expedite your TN petition's processing time to 15 business days.

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 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 I need a lawyer for TN visa?

Overview. In short, you do not need a lawyer to successfully apply for a TN status but it could help. Applicants might often choose to apply without a TN visa lawyer if their future US employer can't pay for this extra legal support or if their TN visa case is very straight forward.

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.

Does a TN visa 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.

Can a TN visa apply for green card?

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.

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 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).

Is offer letter enough for TN visa?

Your employer's offer letter can be a powerful tool in meeting the requirements for admission to the U.S. as a TN worker. Speak with your employer or an immigration attorney if you have questions on your specific employment.

Can TN visa be denied?

An individual may be denied a TN at the border not only if his/her job or credentials do not meet the requirements for a TN, but also on account of activities occurring during past visits to the U.S. Individuals who CBP believes violated the terms of a prior visa, e.g. by working without authorization, remaining in the ...

Can I apply for TN visa without job offer?

A TN Visa is employer-specific, which means that each TN Visa is tied to a specific role for a specific employer. A TN Visa requires a job offer or a contract with a US entity.

Does a TN visa 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.

Is TN visa employer-specific?

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.

Do you have a Job Offer?

One of the biggest hurdles Canadians face when looking for a job is getting a U.S. employer to hire them in spite of the TN Visa requirement. Most...

Do you Qualify for the TN Visa?

It is critical that you qualify for the TN Visa. What most people do not realize is that the job must also qualify under NAFTA. This is explained f...

Are You Applying by Mail or at the Border?

The TN Visa for Canadians now allow you to apply via mail or at a border crossing in person. If you apply by mail, it can take 2 to 3 months for pr...

How to prepare for the Border Interview?

Most people are not prepared for the border interview. People assume if they have their TN Visa Application and present it at the border they will...

How to create a letter for a TN visa?

The TN Visa is unlike most U.S. immigration visas. Whether you apply by mail or in person, you will need to complete a free form application letter...

What is SGM law group?

Here at SGM Law Group, we have extensive experience helping people like yourself fulfill their dreams in the U.S. through the TN visa. The immigration road is filled with regulations and forms. By letting our immigration attorneys handle your case, you can rest easy knowing that your case is in the best hands. Form filing the initial petition to dealing with RFEs, fees, and extensions, you can focus on your plans in the U.S. instead of the immigration process.

How long does it take to get an I-129H1?

Generally, you can expect it to take about six months to process your I-129H1.

How many professions qualify for a TN visa?

Here is a list of the 60 professions that qualify you for a TN visa:

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.

What is a letter from a prospective employer?

Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications.

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 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 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.

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.

What is a letter from a prospective employer?

Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications; and

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:

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.

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 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 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.

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 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 Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

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.

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 is professional certification?

evidence of qualifications to perform at a professional level, as demonstrated by college degrees, licenses, memberships, or other relevant credentials that establish professional status, and

What is a job offer letter?

a job offer letter describing the proposed employment activity and showing that the person will be working at a professional level, including daily job duties, the job requirements (such as educational level or license), employment location, salary and benefits, and how long the services will be needed (for up to three years)

What if you're denied at the border?

What if you're denied at the border? If the officer tells you that your application lacks a certain element, or needs clarification that you can provide through further documentation, your best bet might be to return home, gather the requested information, and try again.

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.

What is the NAFTA visa?

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada, and Mexico. Select NAFTA to visit the Office of the United States Trade Representative website and learn more. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals, ...

What is the purpose of a visa interview?

During your visa interview, a consular officer will determine whether you are qualified to receive a visa. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying.

How long does a passport need to be valid for a visa interview?

Gather and prepare the following required documents before your visa interview: 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 States (unless exempt by country-specific agreements ).

When is a NAFTA professional visa required for a Canadian citizen?

When is a NAFTA Professional (TN) visa required for a Canadian citizen? A Canadian 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 NAFTA professional with family member (s), will need a TN visa in order for the family member (s) to be eligible to apply for derivative TD nonimmigrant visa (s).

What does 999 days mean?

A wait time listed as "999 calendar days" indicates that the Consular Section is only providing that service to emergency cases. Please check the Embassy or Consulate website for further information.

What happens if you try to get a visa?

Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.

What is an applicant in a job?

Applicant has the qualifications, meeting the specific requirements, education, and/or experience, of the profession.

What is TN visa expert kit?

The TN Visa Expert Kit will ensure you have complete documentation, explains how to prepare your documentation so it is well received, and how your documentation will show the Immigration Officer you are well prepared. Attention to each of these steps minimizes the chances of the officer requesting additional documentation.

Why is TN1 turned away?

One of the reasons for turning away a TN1 applicant is the failure to establish nonimmigrant intent, and perceived ineligibility under the Treaty's Schedule of Occupations.

Why is my TN visa denied?

Incomplete or improper documentation causes many people to be denied their TN Visa. It is also one of the most common problems because most people assume they have sufficient documentation, and are then surprised when the Immigration Officer is asking for additional documentation to corroborate the applicant's claims.

Can a TN-1 temporary worker be a TN-1?

Admission to the US as a TN-1 temporary worker can be pretty straightforward if you've prepared your materials properly and you are responsive to the Inspector's questions . However, be advised to take precaution at the border. It is very simple for an Inspector to turn an applicant away.

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