TN VISA FOR NAFTA PROFESSIONALS
A TN Visa is a non-immigrant visa that allows citizens of Canada and Mexico to work in the United States in certain eligible professions activities for U.S. or foreign employers.
It is a visa intended for professionals and originated from the North American Free Trade Agreement (NAFTA). Although the United States-Mexico-Canada Agreement (USMCA) replaced the North American Free Trade Agreement (NAFTA), the TN program is still in effect and is widely used by Mexican and Canadian citizens.
The Law Office of George K. Gomez is well equipped to assistant both Canadian and Mexican citizens in obtaining a TN visa. Our experienced Miami immigration lawyers are prepared to help you navigate the TN visa process.
TN Visa Requirements
In order to be eligible for TN status, an applicant will need to establish:
Proof of Canadian or Mexican citizenship;
That the intended profession qualifies under the regulations;
That the position in the U.S. requires a NAFTA professional;
Existence of a prearranged full-time or part-time job with a U.S. employer (but not self-employment); and
That the applicant possesses the Qualifications to practice in the profession in question.
TN Visa Process for Canadian Citizens
Unlike Mexican TN Visa Applicants, Canadian applicants are not required to apply for a TN visa at an embassy or consulate. Rather, Canadian TN Visa Applicants will need to turn in their TN petition, with supporting documentation, at a lawful port of entry (most commonly the Canada – U.S. border) or at a Pre-Flight Inspection station at a Canadian airport. From there, US immigration officials will review the petition and, if approved, issue the TN Applicant an I-94.
Alternatively, the process can take place through USCIS if the applicant’s prospective employer submits a TN visa petition on the applicant’s behalf. This would be accomplished using Form I-129, Petition for Nonimmigrant Worker. Once approved, the applicant can apply to Customs and Border Protection for admission to the U.S. as a TN nonimmigrant.
TN Visa Process for Mexican Citizens
Unfortunately, the TN Visa process for Mexican Citizens is much more complex when compared to the process for Canadians.
Mexican citizens are required to apply for a TN visa at a U.S. Embassy or Consulate in Mexico. This entails the filing of a Form DS-160 with the Department of State.
Moreover, Mexican applicants will need to attend an appointment at the embassy or consulate where they will have to present their TN petition packet, including all supporting documentation.
If approved, a visa stamp will be issued and the applicant will be able to enter the U.S. and receive their I-94.
Eligible TN Visa Professions
Prior to the enactment of the USMCA, the criteria for TN admission was governed by the list of Professionals in Appendix 1603.D.1 to Annex 1603 of NAFTA. The criteria for TN admission under the USMCA is still the same as under NAFTA but is now found in USMCA Chapter 16 Appendix 2.
Some eligible TN professions include:
Computer Systems Analyst
Disaster relief insurance claims adjustor
Lawyer (including Notary in the Province of Quebec)
A complete list of eligible TN professions and the minimum educational requirements can be found here.
How long is a TN Visa valid for?
TN visas are issued with a three-year validity period. In addition, a TN visa holder can apply for unlimited renewals of their TN status. Those renewals are also granted in three-year increments.
Dependents of TN Visa Holders
Dependents of TN Visa Holders are eligible to enter the U.S. in a nonimmigrant status known as TD. TD holders are granted status for the duration of time granted to the principal TN Visa holder.
Additionally, TD holders are not eligible for employment authorization in the U.S. However, TD holders are permitted to study in the U.S.
If a Canadian or Mexican TN Visa holder files for an extension of stay in the United States at the end of their designated TN period, eligible TD holders may also apply to extend their status without the need to travel abroad. Form I-539, Application to Extend/Change Nonimmigrant Status, is the form used by TD holders to extend their status.
Contact a Florida based TN Visa Attorney Today!
At The Law Office of George K. Gomez, P.A., we strive to provide individuals and their families with the quality legal representation they need to navigate the complex work of immigration law in order to obtain both immigrant and non-immigrant visas.
Serving Miami-Dade, Broward, Monroe, and Palm Beach Counties as well as providing nationwide representation, The Law Offices of George K. Gomez, P.A. is well versed in immigration law. If you need an immigration lawyer or just need more information on the immigration-related legal services we can offer, our service areas, or wish to learn more about our managing attorney, contact us at (305) 539-0991, or use our online contact form.
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