Meet NAFTA’s professional requirements.
Canadian residents who want to enter the US to work as professionals may choose to apply for TN status at a certain port of entry. As an alternative, they might submit a petition to USCIS.
Conversely, Mexican nationals are limited to one choice: they must apply for a TN visa at a US consulate overseas.
Children and dependent spouses may travel to the US with the TN visa holder, but they are not allowed to work (unless they are eligible for an employment-permitting separate status). Their classification will be TD as they are a TN visa holder’s dependents.
If you’re interested in finding out more about Australian work visas make sure you check out Australian Migration Lawyers.
For Canadians and Mexicans, the initial validity of a TN visa status may be for a duration of one year or three years. By applying through USCIS or seeking a new term of stay at a port of entry or consulate overseas, the TN status may be extended or renewed indefinitely.
The Fundamental TN Visa Conditions
The following TN VISA requirements must be fulfilled in order to receive TN status:
- The TN professional needs to be a Mexican or Canadian citizen.
- NAFTA expert needed for a professional job in the United States
- Normally, the candidate needs a bachelor’s degree and a professional licence (where NAFTA stipulates such a need).
The Benefits of TN
There are several benefits that the TN visa has over other visa categories that the applicant could be eligible for.
H1b vs. TN Visa
It is usually preferable to seek the TN if an applicant is eligible for both the H1b and TN status for the following reasons:
There isn’t an annual lottery for TN visas, unlike with H1b visas. As a result, both businesses and employees benefit from increased predictability. On the other hand, H1b candidates must wager on their chances of being chosen, which are often one in three.
Particularly for Canadians who may apply in person at a port of entry, the TN procedure is quicker.
It is possible to renew or prolong TN status indefinitely. In contrast, the H1b visa is only good for a maximum of six years unless the person is the recipient of an I-140 that has been accepted.
As far as I’m aware, the H1b is only better in situations when the applicant is seeking permanent residence. If the TN professional is accused of having immigration intent, this might result in a refusal of admission or, worse, accelerated removal procedures. Since the H1b visa allows for dual purpose, holders with such visas do not share that worry. This implies that holders of H1b visas are able to work in the US temporarily while they pursue the green card, often known as permanent residency.
Comparing the TN and L1 visas
Although I believe the TN Visa to be clearly superior to the H1b Visa, the L1 Visa is very nearly tied. On the one hand, candidates from TN are usually scrutinized less closely. Additionally, they are eternally renewable and extendable, as previously stated. Spouses of L1 visa holders can apply for work permission, which is a benefit. If an applicant has a competent spouse who aspires to work in the United States, this is quite significant. Additionally, managers and executives may be eligible for a US green card in the Eb1c category with the L1A.
The Conditions for TN Visas
Sponsorship for TN Visas
Employers who support TN professionals seem hesitant to do so, based on my observations. But this group is usually pleasantly pleased to learn that sponsoring a TN visa is not a big problem.
The employer’s primary responsibility will be to prepare a letter of support. If a lawyer is retained, they will usually offer a template that the employer may customize with details about their business and the job description. Usually, these letters contain the following details:
An explanation of the professional activity the applicant for a TN visa intends to do while in the United States
- An overview of the applicant’s daily activities for a TN visa
- The duration of the candidate’s task
- An overview of the candidate’s credentials
- The applicant for a TN visa’s expected salary
TN Visa Careers
The primary responsibility for TN visa sponsorship is writing the support letter; however, the primary responsibility for applicants is demonstrating their eligibility as members of a TN visa profession. Depending on the criteria for their specific profession, the majority of candidates will acquire the following papers in order to achieve this requirement:
- CV
- Evidence of a bachelor’s degree or certification letters of experience
- Transcripts and official license copies
- The complete list of occupations and their prerequisites.
The Procedure for Applying for a TN Visa
The application procedure for TN differs based on the applicant’s citizenship status—Mexico or Canada.
TN Visa Canada
There are two ways that inhabitants of Canada can apply for TN status. They might:
- Present their request at the time of their admissions application at a “Class A port of entry,” which is a US airport that handles international travel, or at a US pre-clearance/pre-flight station.
- Request that their employer file Form I-129, the application for non-immigrant workers, with USCIS, and then watch for a response.
Canadian Citizens’ Documentation for TN
Below is a list of common types of evidence that are provided:
- Proof of Canadian citizenship, such as a Trusted Traveler Program card, passport, or enhanced driver’s license.
- The declaration of support from the employer (mentioned above)
- Proof of qualifications, such as letters of recommendation if needed (mentioned above)
- Proof of nonimmigrant intent (such as the applicant’s statement of nonimmigrant intent, property records, bank account information, etc.)
- If appropriate, Form I-129 & TN Supplement
File at the border OR thru USCIS?
Because applying at the border, port of entry, or airport is quicker and less expensive, most individuals choose to do so. There are, nevertheless, some situations when filing through USCIS is beneficial.
For instance, advanced filing could be something to think about if an applicant is anxious about arriving at the border without knowing if they will really be allowed. It is important to remember that even if an I-129 is authorized, there is still a chance that the inspector would reconsider the applicant’s eligibility at the time of entrance. Therefore, while applying for admission, any candidate with an approved I-129 should be ready to respond to inquiries about their background, employment responsibilities, and other topics.
A Canadian TN professional who submits a successful application will be granted entry into the US for the term of the assignment, which can last up to three years.
Mexico TN Visa
Mexican nationals are unable to apply for the TN visa via USCIS, as was previously mentioned. They must submit an application at a US consulate.
TN Documentation for Citizens of Mexico
The proof that is normally needed for Mexican citizens is comparable to that needed for citizens of Canada. A valid Mexican passport is usually shown by inhabitants of Mexico as proof of citizenship.
Furthermore, the consulates differ in what kind of supporting documentation needs to be presented throughout the application procedure. You should be able to find this information on the consulate website.
Following a successful interview, the TN visa will be granted for the duration of the work assignment or, if less, a year.