TN visa

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The TN visa is a nonimmigrant visa for citizens of Canada and Mexico, allowing them to work in the United States in certain professional occupations. It was created under the North American Free Trade Agreement (NAFTA), now replaced by the United States-Mexico-Canada Agreement (USMCA). The TN visa facilitates the movement of professionals between these countries. Here are the key features and requirements of the TN visa:

Key Features of the TN Visa:

  1. Nationality Requirement:
    • The applicant must be a citizen of Canada or Mexico. Permanent residents of these countries are not eligible.
  2. Qualified Professions:
    • The job must be one of the professions listed in the USMCA. This includes a wide range of occupations, such as accountants, engineers, lawyers, scientists, and teachers. Each profession has specific requirements regarding education and credentials.
  3. Job Offer from a U.S. Employer:
    • The applicant must have a job offer from a U.S. employer for a position that matches one of the listed professions.
  4. Educational and Professional Qualifications:
    • The applicant must meet the specific requirements for the profession, typically including a bachelor’s degree or equivalent in a related field. Some professions may require additional credentials, licenses, or professional experience.

Application Process:

  1. Canadian Citizens:
    • Canadian citizens may apply for TN status at a U.S. port of entry (POE), such as an airport or land border crossing, without needing to obtain a visa from a U.S. Consulate. The applicant must present the following documents to a Customs and Border Protection (CBP) officer:
      • Proof of Canadian citizenship.
      • A job offer letter from the U.S. employer detailing the professional role and responsibilities.
      • Evidence of qualifications, such as educational degrees, professional licenses, or certificates.
      • A copy of the TN visa application form (although not required, it is often useful to have).
  2. Mexican Citizens:
    • Mexican citizens must apply for a TN visa at a U.S. Embassy or Consulate in Mexico. The application process includes:
      • Completing the DS-160 nonimmigrant visa application form and paying the application fee.
      • Scheduling and attending a visa interview at the U.S. Embassy or Consulate.
      • Presenting the job offer letter, proof of qualifications, and other supporting documents during the interview.

Validity and Extensions:

  • Initial Period of Stay:
    • TN status is typically granted for an initial period of up to three years.
  • Extensions:
    • Extensions may be granted in increments of up to three years. There is no maximum number of extensions, provided the individual continues to meet the visa requirements and maintains nonimmigrant intent.
    • Canadian citizens may apply for a new three-year period at a POE, following the same procedure as before. Mexican citizens may reapply for a new three-year period at a U.S. Embassy or Consulate. For both Canadian and Mexican citizens, the TN employer may apply to extend the TN visa status by filing in-country with USCIS.

Benefits of the TN Visa:

  • Work Authorization:
    • The visa holder is authorized to work for the U.S. employer who sponsored their visa.
  • Spouse and Children:
    • Spouses and unmarried children under 21 of TN visa holders may accompany them to the U.S. under the TD (dependent) visa. TD visa holders cannot work but may attend school.
  • No Annual Cap:
    • Unlike the H-1B visa, which has an annual cap, there is no numerical limit on the number of TN visas issued each year.

Typical Candidates for TN Visa:

  • Canadian and Mexican Professionals:
    • Citizens of Canada and Mexico working in professional roles that meet the USMCA requirements.
  • Specialized Professionals:
    • Individuals in fields such as IT, engineering, finance, healthcare, education, and other industries that require specialized knowledge.

The TN visa is an attractive option for Canadian and Mexican professionals due to its relatively straightforward application process, the ability to bring family members, and the lack of an annual cap that frequently limits other visa categories.

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