TN visa is a great opportunity for citizens of Canada and Mexico to work in the United States in certain designated professions as a part of the North American Free Trade Agreement (NAFTA). To be eligible, you must be a citizen of Canada or Mexico, have a job offer in a qualifying profession, and hold the necessary credentials.
Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. In order to be eligible to apply for a TN nonimmigrant status, the following conditions must be present:
- The prospective applicant must be a citizen of Canada or Mexico;
- The prospective applicant’s profession must qualify under the regulations;
- The position in the United States must require a NAFTA professional;
- The prospective applicant must have a prearranged full-time or part-time job with a U.S. employer (but not self-employment – see documentation required below);
- The prospective applicant must have the qualifications to practice in the profession in question.
Any accompanying or “following to join” spouse and children under the age of 21 may be eligible for TD nonimmigrant status. Spouses and children are not permitted to work while in the United States, but they are permitted to study. They are granted TD status for no longer than the period granted to the principal TN nonimmigrant.
The process of obtaining a TN visa starts with your US employer filing a Labor Condition Application (LCA) with the Department of Labor (DOL). After the LCA is approved, you can then apply for the TN visa at a US embassy or consulate. You will need to bring documentation such as your passport, job offer letter, and credentials to show that you are qualified for the position.
Once you receive your TN visa, you can enter the United States to work for your US employer in 3-year increments. You can renew your TN visa as long as you continue to work in a qualifying profession and meet the eligibility requirements.
HOW WE CAN HELP YOU
The Kulen Law Firm provides assistance and advice regarding strategies for TN application, as well as extension and change of status applications within the U.S. We also assist with preparing responses to complex TN Request for Evidence (RFE) requests.
