TN Visa

Q: What are the benefits of TN visa status for a Canadian citizen who wishes to work in the U.S.?

A: If you are a Canadian citizen who wants to work in the U.S., there are several benefits of TN visa status. Some of the main benefits you will receive include:

  • TN-1 visa status grants you permission to enter and work in a professional capacity in the U.S.
  • A TN-1 application can be submitted at the border and a decision can be rendered on the day the application is made. This avoids long waits.
  • You will pay a low application fee of only $50 USD if you apply at the border or $325 USD if you apply in the U.S.
  • You can maintain your TN-1 status indefinitely. TN-1 status is initially granted for a three year period, depending on the employer’s need, but it can be renewed for an additional three years and there is no limitation on the number of renewals.
  • Your spouse and unmarried children under 21 years of age may apply for a special TD status and accompany you for the duration of your stay in the U.S.
  • There is no need to go through consular processing to obtain a visa or apply for Change of Status with USCIS.
  • There is no annual quota.

Contact our office today to speak with a lawyer to learn more about your options and to begin the visa application process.

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Q: What are the benefits of TN visa status for a Mexican citizen who wishes to work in the U.S.?

A: If you are a Mexican citizen who wants to work in the U.S., there are several benefits of TN visa status. Some of the main benefits you will receive include:

  • TN-2 visa status grants you permission to enter and work in a professional capacity in the U.S.
  • You will pay a low application fee of $110 USD.
  • You can maintain your TN-2 status indefinitely. TN-2 status is initially granted for a three year period, depending on the employer’s need, but it can be renewed for an additional three years and there is no limitation on the number of renewals.
  • Your spouse and unmarried children under 21 years of age may apply for a special TD status and accompany you for the duration of your stay in the U.S.
  • There is no annual quota.

Contact our office today to speak with a lawyer to learn more about your options and to begin the visa application process.

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Q: I am a current TN visa holder and my visa is about to expire. How can I renew my TN status?

A: If you are a Canadian professional, you can apply for the TN-1 renewal on Form 1-129. You must also submit all documents required to obtain the initial TN-1 status in order to obtain the renewal. The application fee is $325 USD every time you apply for a renewal. You can avoid the $325 application fee and the renewal wait time by going back to Canada and applying for a renewal directly at the border. If you apply at the border, you will only have to pay a $50 filing fee.

If you are a Mexican national, you may also apply for the TN-2 renewal on Form 1-129 and submit all the necessary documents required to obtain a new TN-2 visa through USCIS. This includes an approved labor condition application. The application fee is $325 USD for each renewal. Unlike the Canadian profession on a TN-1 visa, your TN-2 status does not have the option of traveling to the border to renew your TN-2 status. This is because Mexican nationals have a visa requirement that Canadian nationals do not.

Contact our office today to speak with a lawyer to learn more about your options and to begin the visa application process.

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Q: What are the requirements and procedure for obtaining a TN-1 visa?

A: To qualify for TN-1 visa status, a Canadian professional should meet the following qualifications:

  1. You must be a Canadian citizen.
  2. You must intend to engage in employment in an approved profession and have an offer of employment.
  3. You must possess the necessary credentials to be considered a professional in the approved profession that you are applying under. A bachelor's degree or higher is usually required for all approved professions. If your profession requires licensing, then you must possess the required license(s).
  4. You must intend to stay in the U.S. for only a temporary period. You can be denied TN status if you have a pending immigration petition.

As a national of Canada, you are not required to obtain a visa if you qualify for TN-1 status. Therefore, you can apply directly to USCIS for TN-1 status at the border. You simply need to present your evidence at the border and an interviewing officer will review the evidence and make a determination of your qualifications for TN-1 status based on his review of that material. If your TN-1 visa is approved, you will be given an I-94 and will be granted entry into the U.S.

Contact our office today to speak with a lawyer to learn more about your options and to begin the visa application process.

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Q: What are the requirements and procedure for obtaining a TN-2 visa?

A: To qualify for TN-2 visa status, a Mexican professional should meet the following qualifications:

  1. You must be a Mexican citizen
  2. You must intend to engage in employment in an approved profession and have an offer of employment.
  3. You must possess the necessary credentials to be considered a professional in your approved profession that you are applying under. A bachelor's degree or higher is usually required for all approved professions. If the profession requires licensing, then you must possess the required license(s).
  4. You must intend to stay in the U.S. for a temporary period. You may be denied TN status if you have a pending immigration petition.

You must take all the necessary documentary evidence of employment and education the U.S. Consulate where you apply for a TN visa. Mexican nationals are required to obtain a TN-2 visa in order to come into the U.S. If you are issued TN-2 visa, then you will proceed to the border and apply for entry into the U.S.

Contact our office today to speak with a lawyer to learn more about your options and to begin the visa application process.

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Q: Who qualifies for a TN visa?

A: The TN visa is available to Mexican and Canadian citizens in order to work in the U.S. under the North American Free Trade Agreement (NAFTA). The foreign worker must meet specific requirements for an approved profession. The prospective position must require someone in that professional capacity. Also, the foreign worker must be employed by a U.S. employer. The following professions qualify for the TN Visa:

  1. Accountant
  2. Architect
  3. Engineer
  4. Research Assistant
  5. Chemist
  6. Geologist
  7. Geophysicist
  8. Teacher, College
  9. Teacher, University
  10. Teacher, Seminary
  11. Biologist
  12. Computer Systems Analyst
  13. Disaster Relief Insurance Claims Adjuster
  14. Economist
  15. Forester
  16. Graphic Designer
  17. Hotel Manager
  18. Industrial Designer
  19. Interior Designer
  20. Land Surveyor
  21. Landscape Architect
  22. Lawyer (including Notary in the province of Quebec)
  23. Librarian
  24. Management Consultant
  25. Mathematician
  26. Range Manager/Range Conservationist
  27. Research Assistant
  28. Scientific Technician/Technologist
  29. Social Worker
  30. Sylviculturist
  31. Technical Publications Writer
  32. Urban Planner (including Geographer)
  33. Vocational Counselor
  34. Dentist
  35. Dietician
  36. Medical Laboratory Technologist
  37. Nutritionist
  38. Occupational Therapist
  39. Pharmacist
  40. Physicians (teaching or research only)
  41. Physiotherapist/Physical Therapist
  42. Psychologist
  43. Recreational Therapist
  44. Registered Nurse
  45. Veterinarian
  46. Agriculturist
  47. Animal Breeder
  48. Animal Scientist
  49. Apiculturist
  50. Astronomer
  51. Biochemist
  52. Biologist
  53. Chemist
  54. Dairy Scientist
  55. Entomologist
  56. Epidemiologist
  57. Geneticist
  58. Geologist
  59. Geochemist
  60. Geophysicist
  61. Horticulturist
  62. Meteorologist
  63. Physicist
  64. Plant Breeder
  65. Poultry Scientist
  66. Soil Scientist
  67. Zoologist
  68. Teacher (college, seminary, university)

Contact our office today to speak with a lawyer to learn more about your options and to begin the visa application process.

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Q: Who can be my employer for my TN visa status?

A: You must have a job offer from an employer for a qualifying position before applying for TN status. You will be required to provide supporting evidence that you are engaged in an employee-employer relationship. The potential employer will provide a letter of support as evidence, which will include your offered position, TN profession, start date, salary, and other relevant details.

You are allowed to work an independent contractor on a TN visa, as long as the employer can establish control over you. You are allowed to work for multiple employers in the U.S. only if you obtain TN status for each and every employer. You can change your TN employer at any time by submitting an application, which can be processed at either a U.S. port of entry, such as at the border, or through a USCIS service center. If you are fired from your position by your employer, your TN status will immediately expire. You will either need to obtain a new employer to file a TN visa petition for you or you will be required to return to your home country.

Contact our office today to speak with a lawyer to learn more about your options and to begin the visa application process.

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Q: What do I need to know and bring for my TN visa interview?

A: You may be required to have an interview when you apply for a TN visa. While interviews are not required for applicants of certain ages, consular officers have the discretion to require an interview of any applicant. If required, you must schedule an appointment for your visa interview, generally, at the U.S. Consulate in the country where you live. Wait times may vary by location.

During your interview, the consular officer will determine if you are eligible for a TN visa. You will need to bring proper documentation to establish that you meet the requirements. It is important to be straight-forward and honest when answering any questions asked by the consular officer. After your interview, you will be informed if your application may require additional administrative processing.

If you are required to have an interview, you should gather and prepare the following required documents:

  • Copy of your passport
  • Non-immigrant visa application, Form DS-160, confirmation page
  • A photo of yourself
  • A contract or letter of employment in the U.S. showing that you have a job offer in one of the allowed TN visa professional occupations
  • Documents proving that you meet the minimum education and/or work experience requirements, which may include diplomas, degrees, certificates, licenses, or memberships in professional organizations

Contact our office today to speak with a lawyer to learn more about your options and to begin the visa application process.

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Q: How can I extend my stay on a TN visa?

A: A TN visa is initially issued for a period of up to 3 years. You may, however, apply for an extension in order to stay longer. If you wish to stay in the U.S. beyond your initial period of stay without leaving the U.S., your employer may file Form I-129 on your behalf. The current filing fee is $320 USD. You may also depart the U.S. before the date of your status expiration and then apply at a U.S. port of entry, such as at the border, using the same application and documentation procedures that were required for your initial TN visa application.

If your I-94 has already expired but you have filed a timely I-129 petition for an Extension of Status, you are allowed to continue working for the same employer for 240 days past your I-94 expiration date. However, if your I-129 petition is denied by USCIS before this 240 day period is up, your employment authorization will automatically terminate upon your notifications of the denial decision.

If your I-129 petition was filed after your I-94 already expired, USCIS will normally deny the petition. There are times when a late filing may be excused, such as:

  • When the delay was due to extraordinary circumstances beyond your or your employer’s control
  • You have not otherwise violated your non-immigrant status
  • You remain a bona fide non-immigrant
  • You are not the subject of removal proceedings

Contact our office today to speak with a lawyer to learn more about your options and to begin the visa application process.

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Q: What happens if my TN visa application is denied?

A: A TN visa application can be denied for many reasons, including grounds of inadmissibility, such as a previous criminal conviction, or based on the merits of the application.

There are certain areas where there is a higher frequency of denial. These include:

  • Where there is not an exact match between the job offer, the TN occupational category, and your degree or credentials
  • When there are certain immediately suspect TN categories, such as the management consultant and scientific technician/technologist categories
  • When there are highly technical or specialized job duties

Once your TN application has been denied, there will be certain obstacles to overcome. Some of these adversities will include:

  • As a returning applicant, your case will be reviewed with heightened scrutiny
  • CBP officers are reluctant to overturn another CBP officer’s unfavorable determination of a TN application
  • You will need to overcome any credibility issues if there are any changes to your application
  • Fraud or misrepresentation may be alleged against you

Your second TN application will need to specifically and fully address any shortcomings of your initial application.

Contact our office today to speak with a lawyer to learn more about your options and to begin the visa application process.

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