What is the TN Visa?
The North American Free Trade Agreement (NAFTA) ushered in a new era of trade and economic relationships between the United States, Mexico, and Canada resulting in the TN NAFTA Visa. The TN Visa allows certain types of professionals (typically accountants, lawyers, pharmacists, teachers, scientists, and engineers) to be eligible to work in the United States if certain specific criteria are met.
How am I Eligible to Work in the U.S. under the TN Visa?
First, for the TN Visa to apply, you must be a citizen of either Mexico or Canada, and your profession must be one which qualifies for the TN Visa under the current regulations. Next, the position which you are seeking in the U.S. must be one which requires a NAFTA professional, and that position must be either part or full-time, prearranged with that employer in the U.S. Lastly, you must have the necessary qualifications, that is, education, training, experience, etc., to practice in that profession.
How Do I Apply for a TN Visa?
The application process for a TN Visa depends largely upon which country of origin you hail from. Canadian citizens can simply apply for TN Visa classification upon seeking entry into the U.S. with U.S. Customs and Border Protection personnel at specific points of entry into the U.S. The documentation required for the TN Visa by a Canadian citizen includes (a) proof of Canadian citizenship, (b) a letter from the U.S. employer describing the scope of your work, purpose of employment, how long you will be working in the US, and your educational background, and (c) an evaluation of your credentials if necessary. Mexican citizens must go through the Visa application process to apply for a TN Visa. Filing is done at the U.S. consulate or embassy in Mexico.
How Long am I Allowed to Work in the U.S. with a TN Visa?
Generally, a person admitted from Mexico or Canada as a nonimmigrant under the TN Visa can stay within the U.S. as an employee of a U.S. company for a period of three years. Extensions can be applied for using Form I-129. If, however, you leave the U.S. prior to expiration of your TN Visa, you will be required to follow the same admission procedures that you initially undertook when applying for the nonimmigrant TN Visa.
Can My Spouse or Children Come to the U.S. with Me?
Yes. If your spouse or children or even dependents are under the age of 21, they may be eligible for TD nonimmigrant status. Keep in mind that your spouse or children will not be able to work while in the United States, and will be able to stay only for the same time period that you are allowed to stay. The country of origin of your spouse also makes a difference as to what Visa they may require.
Learn more about other immigration matters here:
EB-5 Visa
What is a Schedule A Visa?
Schedule A Visa’s Can be Your Path to Work in the US
Green Card = Lawful Permanent Resident Status
Working in the US Under the H1-B Visa for Health Care Workers
Employers Can Use PERM to Hire Outside of the US
How Does my Fiancé Get a K-1 Visa?
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