TN Visa

TN Visa Guide: Key Things to Know

Overview of the TN Visa

The TN visa offers citizens of Canada and Mexico a unique opportunity to live and work in the United States for extended periods. Established under the North American Free Trade Agreement (NAFTA), this visa facilitates cross-border employment.

Key Benefits and Requirements

  • Initial Duration: Work in the U.S. for an initial period of 3 years, with the option for unlimited renewals.
  • Eligible Occupations: Must work in specific TN occupations as listed by the U.S. government.
  • Educational Standards: Applicants must meet the educational and credential requirements for their profession.
  • Family Accompaniment: Spouses and children are eligible for TD status (non-work, but they can attend school).

Eligibility Criteria

To qualify for a TN visa, applicants must meet the following conditions:

  • Citizenship: Be a citizen of Canada or Mexico.
  • Job Offer: Secure a job offer in the United States.
  • TN Occupation: The job must be listed on the TN Occupation List.
  • Educational and Professional Standards: Meet the specific requirements for the U.S. job.

Family Benefits

  • TD Status: Spouses and children of TN visa holders can apply for TD status.
  • School Attendance: While TD status holders cannot work, they are permitted to attend school in the U.S.

Benefits of the TN Visa

  1. Flexible Stay:
    • Initial stay of 3 years in the U.S.
    • Unlimited extensions possible, providing long-term residency options.
  2. No Quota Restrictions:
    • Unlike H-1B visas, there are no annual limits on the number of TN visas issued.
  3. Streamlined Hiring Process:
    • No Labor Certification is required.
    • U.S. employers can offer jobs without needing to certify a labor shortage.
  4. Simplified Process for Canadians:
    • Canadian citizens can apply for TN classification at a U.S. Port of Entry without needing a TN visa.
  5. Expedited Processing:
    • Eligible for Premium Processing (additional fee of $1,225).
    • USCIS response is typically within 15 days or less.

Requirements for a TN Visa

The main requirements for obtaining a TN visa include:

  1. Citizenship:
    • Must be a citizen of Canada or Mexico.
  2. Job Offer:
    • Must secure a job offer from a U.S. employer.
  3. TN Occupation List:
    • The job must be listed on the TN Occupation List.
  4. Educational and Professional Requirements:
    • Meet the educational requirements for the U.S. job.
  5. Non-Immigrant Intent:
    • Demonstrate intent to leave the U.S. upon completion of the TN assignment.

TN Occupation List

The TN Occupation List includes a variety of professions, such as:

  • General Occupations: Accountant, Architect, Engineer
  • Medical Fields: Dentist, Dietician, Pharmacist
  • Scientist Occupations: Biochemist, Geologist, Physicist
  • Teacher Occupations: College Teacher, Seminary Teacher

Educational and Professional Requirements

  • Degrees: Baccalaureate or Licenciatura Degree (or equivalent) is required.
  • State or Provincial License: Some occupations require a specific license.
  • Post-Secondary Certificate: Accepted for certain jobs.
  • Foreign Degrees: Must be evaluated for equivalency.

Non-Immigrant Intent

Applicants must demonstrate:

  • Temporary Entry: Intent to temporarily enter the U.S. and leave after the assignment.
  • Ties to Foreign Residence: Evidence such as mortgages or foreign bank accounts.
  • Intent Evaluation: Non-immigrant intent will be considered during application, visa issuance, and entry into the U.S.

If you have any further questions or need assistance, please don’t hesitate to reach out to us at matif@atiflawfirm.com. We’re here to help!