Visa-Faq.com

who qualifies for a tn visa

by Elody Collier Published 2 years ago Updated 2 years ago
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To qualify under NAFTA for the TN Visa, you must meet the following basic criteria:

  • You are a Canadian, Mexican or U.S. ...
  • The business activity/occupation you intend to engage in is one of the approved professions listed in NAFTA Appendix 1603.D
  • You are qualified to work in this business activity
  • You have been offered a job by a U.S., Canadian, or Mexican employer
  • The job offered is temporary in nature, up to a maximum stay of one year

Full Answer

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.

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. ...

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. ...

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...

See 4 key topics from this page & related content

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Who are eligible 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.

Who can work under TN visa?

Entering 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.

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.

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.

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.

Do I need a lawyer to get a 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 long does it take to get a TN visa approved?

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 quick can you get a TN visa?

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.

Why would a 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 ...

How often do TN visas get 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.

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 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.

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.

Can you manage people on TN visa?

First, U.S. immigration's opinion that the TN visa classification does not allow managerial job functions is undermined by the specific inclusion of managerial positions in the NAFTA Appendix (see, e.g. Hotel Manager and Range Manager).

What does the employer have 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.

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 are the requirements for a TN visa?

To be eligible for the TN Visa, you must meet the requirements . The main TN Visa requirements are:#N#1. You are a Canadian, American or Mexican citizen.#N#2. You have a job offer.#N#3. You are a professional in one of the NAFTA job categories.#N#4. Your intention to stay is temporary.#N#Click here to read more about the TN Visa Requirements

Is a PhD required for a TN visa?

No it is not required. However, since the TN Visa is a subjective visa, it is safer to get your credentials evaluated. It is not required because your PhD degree is from Canada. Use the TN Visa Expert Kit - Platinum Edition to help you complete your TN Visa application letter.

Can a wife get a TD visa?

Yes, your wife can get the TD visa. NAFTA does not require the spouse to be a citizen of Canada/Mexico/USA to obtain the TD Visa. See the TN Visa Requirements for more details.

Do you have to complete OPT before getting a TN visa?

If you are on a F1 visa and have an Occupational Practical Training (OPT) you must complete this OPT portion before obtaining the TN Visa.

Can a cook get a visa?

work visas that a chef or cook may qualify for, but it will depend on the job and skill set required as well as your experience. Not all cook/chef positions will qualify for a visa. For example, 1.

Can you prove intent on a TN visa?

Proving intent is not easy and depending on how you convey the seriousness of the relationship, will play a part in your TN visa requirements. For example, if you are engaged, wearing a ring and applying for your TN visa or crossing the border as a visitor - the Officer's suspicions may be aroused.

Do you have to match your NAFTA occupation?

Yes. Your job title does not have to match the NAFTA Occupation. You want to ensure the educational requirements (if any) and the job description/duties meets the NAFTA Occupation requirements. You also want to ensure your TN Visa Application Letter is written correctly so the Immigration Officer can see how the job meets the NAFTA Occupation you are apply under.#N#Learn how to create your TN Visa Application Letter.#N#The TN Visa Expert Kit shows you how to create an Application letter when your job title does not match a NAFTA Occupation. Download it now and get started.#N#If you are still unsure, email us at: [email protected]

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 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 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.

How to satisfy the US job requirement?

In order to satisfy this requirement, you should demonstrate that your US job will be temporary. Additionally, you should show that you have a foreign residence abroad, that you will maintain your foreign residence, and that you have strong ties to your foreign residence.

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.

What is TN visa?

TN Visas were established by the North American Free Trade Agreement (NAFTA) in order to enable temporary work in the United States for Canadian and Mexican nationals who have been authorized for temporary employment with the assistance of immigration lawyer Bradenton FL.

What are the two types of TN?

These citizens may apply for two distinct kinds of TN status, each of which has its own requirements. There are two types of TNs: TN-1 for Canadian professionals and TN-2 for Mexican professionals.

Can you get TN if you are part time?

Personnel seeking part-time employment, temporary training in their field of expertise, or to give seminars may also qualify for TN status under certain circumstances.

Do you need a visa for TN?

Citizens of Canada or Mexico are required to get a T N visa.

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.

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:

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