We cover all the essential information regarding the TN visa in this article.
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The comprehensive handbook on the TN visa
Before considering other nonimmigrant work visa classes, citizens of Canada and Mexico who wish to work and reside in the United States may want to give the TN visa some thought. Only nationals of Canada and Mexico are eligible for the TN visa, therefore this fact alone raises the likelihood that their application will be accepted. Furthermore, unlike the majority of other U.S. work visas, this visa category does not have yearly quota restrictions or corporate sponsorship requirements.
We cover all you need to know about the TN visa in this article, including eligibility requirements, application procedures, extensions, and even obtaining a green card.
What is a visa for TN?
The North American Free Trade Agreement (NAFTA) established the TN nonimmigrant visa to enable authorized nationals of Mexico and Canada to work temporarily in the United States. The three North American nations of the United States, Canada, and Mexico signed the NAFTA pact with the intention of enhancing trade and economic ties. Thousands of individuals from Canada and Mexico have been able to form enduring professional partnerships as NAFTA professionals in the United States because of the TN visa. Self-employment is therefore prohibited when holding a TN visa.
Remember that the TN visa is only available to lawful nationals of Canada and Mexico. Eligibility is limited to legal permanent residents of both countries. The TN-1 visa is granted to citizens of Canada, whereas the TN-2 visa is granted to people of Mexico. These two TN categories are distinct from one another. Candidates for TN visas must meet the requirements of one of the NAFTA list’s recognised professional vocations and maintain nonimmigrant intent while in TN status.
TN visa period of stay
According to current rules and regulations, nonimmigrants from Tennessee are permitted to remain in the country for a maximum of three years. Better more, if they meet the requirements under the TN classification, they can extend their term of stay indefinitely in increments of three years. In actuality, though, things are actually rather simple. A few important elements determine how long TN visa holders may actually stay in the United States.
Immigration officers in the United States usually concentrate on the anticipated duration of your temporary non-immigrant (TN) status. Should they not be persuaded that the non-immigrant’s role in the country necessitates a three-year stay, they may choose to admit the person for a lesser duration. For example, it is evident that it would not take three years to accomplish the work of constructing a new website for your U.S. company if you were trying to enter the country on a TN visa as a web designer. Likewise, it is unlikely that a management consultant with TN status who comes to the US to supervise a merger or acquisition by the US firm will stay for more than three years.
The duration of your TN position will be determined by immigration authorities at their discretion, and they will record that information on your Form I-94, indicating the period of stay. This decision-making process is managed by the US Customs and Border Protection (CBP) organization at the several US ports of entry.
By offering a work offer letter that outlines your responsibilities and specifies the duration of the employment, your U.S. business can assist you in obtaining the entire three-year period of stay.
With no intention of immigrating
Holders of TN visas are required to prove “nonimmigrant intent.” In other words, they have to prove to US immigration officials that they are temporary residents on TN visas and that they plan to return to their home countries. Since there is no cap on how many times TN nonimmigrants may renew their status, the idea may seem a bit odd at first, but ignoring it can have serious repercussions. Therefore, it is possible to violate nonimmigrant intent even by moving towards permanent residence, such as by marrying a citizen of the United States while in TN status.
NAFTA’s Strike Clauses
The strike provisions of NAFTA apply to all TN visa applicants. These provisions provide that the TN petition may be refused if the U.S. Department of Labor certifies that the applicant’s prospective place of employment is the subject of a strike or labor dispute. This is particularly true if the applicant’s admission to the country might interfere with the dispute’s attempts to be settled. On the other hand, the applicant will not have to exit the nation if the strike starts after they have already entered there.
Conditions and procedures for applying for TN visas
The following general requirements are specified by U.S. Citizenship and Immigration Services (USCIS) for TN nonimmigrant status eligibility:
- Must be a citizen of Mexico or Canada;
- Must meet the requirements for NAFTA professionals;
- The business activity or work role must be under the list of NAFTA professional professions;
- Must receive an offer from an employer for a full-time or part-time position in the United States (but not self-employment).
Remember that the majority of NAFTA occupations call for at least a bachelor’s degree, and work experience in a particular sector is typically not recognized as credit towards this degree requirement. Credentials and degrees from universities outside of the US, Canada, or Mexico must be provided with a trustworthy assessment. In certain instances, a bachelor degree may not be the only prerequisite; a specific number of years of experience may also be needed.
These are only the broad of TN visa requirements Canada; the USCIS has additional guidelines based on the applicant’s citizenship status—that is, Canadian or Mexican. For example, Canadian nationals are often allowed entry into the US as nonimmigrants without requiring a visa. For the duration of their presence in the country, their nonimmigrant status is just reflected and controlled by the TN categorization. Because of this, the application procedure varies for nationals of Mexico and Canada.
Applying for TN visa as a Canadian citizen
You are not need to apply for your TN visa at the American consulate or embassy in Canada if you are a citizen of Canada. Alternatively, you can apply for your TN status at a pre-flight inspection station or at the U.S. port of entry. A CBP officer will need you to present proof of your Canadian citizenship in addition to any supporting documents. Documents needed for a TN visa include:
- A Canadian passport or equivalent documentation attesting to your citizenship, like a birth certificate
- A letter outlining the objective of your employment, your professional capacity, your educational background relevant to the position, and the duration of your stay from your potential U.S. employer.
- An assessment of credentials (if relevant). This entails contrasting your Canadian qualifications with their pertinent American counterparts.
- Acknowledgments for any relevant costs
The CBP officer will grant you TN status and allow you entry into the United States if they find you meet the requirements for admission.
Alternatively, the USCIS may receive a Form I-129, Petition for Nonimmigrant Worker, from your potential employer. If accepted, you can next present the CBP officer at the specified U.S. ports of entry with your evidence of Canadian citizenship and your acceptance notice for Form I-129 from the USCIS to be admitted as a TN nonimmigrant. The BP officer will ask to you the questions to ascertain your eligibility based on the supporting papers, so be sure to have them available to guarantee a smooth procedure.