Visa-Faq.com

is tn visa considered sponsorship

by Leonie Runte Published 2 years ago Updated 1 year ago
image

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

Does a TN visa need sponsorship?

Yes, TN is simpler, but you need “visa sponsorship” in terms of your employer providing you a formal offer that matches TN requirements; and if you are fired or laid off, you cannot stay in the USA, and have to get a new employer to get a new visa. So you should answer “yes” to the visa sponsorship question.

What are the requirements for a TN visa?

You may be eligible for TN nonimmigrant status, if:

  • You are a citizen of Canada or Mexico;
  • Your profession qualifies under the regulations;
  • The position in the United States requires a NAFTA professional;
  • You have a prearranged full-time or part-time job with a U.S. ...
  • You have the qualifications to practice in the profession in question.

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...

Can I change jobs with 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.

image

Is TN employer sponsored?

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.

What type of visa is 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. Permanent residents of Canada and Mexico are not able to apply for TN visas to work as NAFTA 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.

Which visa requires sponsorship?

K-1 Visa Sponsorship Once approved by USCIS, the foreign national applies for the K-1 visa through a U.S. embassy or consulate. Part of the K-1 visa application includes financial sponsorship from the U.S. citizen petitioner.

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 Canadian need sponsorship to work in us?

The short answer is yes, Canadian citizens can indeed work in the United States, but just like any other foreign national, they must first obtain the appropriate U.S. work visa from the United States Citizenship and Immigration Services (USCIS).

What happens if I quit my job on a TN visa?

If you leave your job and your TN visa is still valid, you have a grace period of 60 days to find another employer, change your status or prepare to leave the U.S..

Does Amazon sponsor TN visa?

Transportation Associate - Employer Sponsorship Amazon does not sponsor for immigration, including for H-1B, TN, and other non-immigrant visas, for this role.

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.

Who needs sponsorship to work in the US?

According to the USCIS, any foreign national that comes to the U.S. for temporary employment, qualifies for a non-immigrant visa. Most of these visas require sponsorship for employment. H-1B Visas – These visas are for those with bachelor's degrees and special skills.

What is require sponsorship?

A US visa or employment sponsorship means that the employer in the US is hiring you. They are guaranteeing to the US visa authorities that you will be a legal working resident. The employer will state that you will work the job position they hired you for.

Who needs sponsorship for employment visa status?

Skilled Workers, Professionals and Unskilled Workers Skilled workers – individuals with at least 2 years of training or work experience (excluding temporary or seasonal work) Professionals – individuals whose occupation requires at least a bachelor's degree from an accredited university, college, or foreign equivalent.

Is a TN visa a permanent resident?

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 is tn1 visa?

A TN-1 is for Canadian professionals, and a TN-2 is for Mexican professionals. The applicants need to be qualified under one of the listed professions. Accepted NAFTA Professions must adhere to nonimmigrant classifications. Permanent residents of Canada or Mexico are not eligible for the TN visa.

How long is a TN visa good for?

three yearsEntering on TN authorization allows qualified Canadian and Mexican citizens to stay and work in the United States, as long as their U.S. job offer falls under a list of NAFTA professions. TN status is valid for up to three years, and is indefinitely renewable.

How long can you stay in the US 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.

What is a TN visa?

The TN Permit is for the employment; a TN Visa allows entry to the country based on the permit. Canadian Citizens generally do not require a Visa. TN stands for Trade NAFTA which allows the ease of access to resources across the border as long as they meet the NAFTA requirements. At the border you are requested a proof of employment and validation of your credentials if you qualify. That is all there is to it. Also, you are only allowed to work the duration listed on your TN permit. At the end of the employment, the TN employee must leave immediately as overstaying is against the intent of the original permit. For TN renewals, they need to go back to the port of entry or apply with USCIS. The employer has no obligation to send you back to Canada or cancel your TN, it is the responsibility of the TN employee. Therefore, it cannot be considered a sponsorship. In a sponsorship the employer has a liability to the foreign employee. In the case of TN, the employer has no liability to treat you as a foreign employee, including bearing the cost of TN, attorney fees, travel costs, etc.

What is a NAFTA letter?

This letter (original , signed), along with the supporting documentation to show that the applicant is qualified under NAFTA are used to apply.

What did Trump say about NAFTA?

Regarding NAFTA and TN Visa future, Trump has said that terminating it would yield the "best deal" in renegotiations. He wants to renegotiate, he is using scare tactics to get Canada and Mexico to the negotiating table and try to change terms of the agreement.

How long does a temporary job last?

The employer has to, in an offer letter, indicate that it is a temporary position (for a period not to exceed three years) and you have to be hired for a position that matches your educational qualifications. The responsibilities of the employer are, by visa standards, very low.

What happens at the end of a visa?

At the end of the term of the visa, you have to leave the USA and re-apply with a new offer letter, from the same employer or another one. This can be as short as crossing the border and turning around but it has to be done on the way into the USA.

How long can Trump withdraw from NAFTA?

Trump can unilaterally withdraw from NAFTA by giving Canada and Mexico six months notice. However Congress also has a say since it ratified and implemented most of NAFTA through legislation.

What is E3 status?

Both E3 and TN are statuses that allow you to work in the US temporarily, in specialty

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 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.

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.

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

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.

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

Is NAFTA a facilitative job?

No, as the NAFTA categories are facilitative. But job titles that are exactly the same or closely resemble a NAFTA category tend to have a better chance of approval. Applicants should use the U.S. Department of Labor’s Occupational Outlook Handbook (OOH) for guidance on how NAFTA professions may apply to their field

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 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.

image
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 2 3 4 5 6 7 8 9