How Does A TN Visa Work?

To be eligible for a TN visa, you must be employed in one of the TN vocations in the US. You must also meet the educational and credentialing requirements of your profession.

The NAFTA Treaty is the foundation for the TN visa and the term Trade NAFTA is abbreviated as TN. Your spouse and children are eligible for TD status if you have a TN visa. Your spouse and children will be unable to work while on TD status, but they will be able to attend school.

The TN visa class is beneficial to U.S. firms since it widens the prospective group of applicants for numerous arrangements. Employers have an added advantage that the TN visa program imposes little administrative burdens on them. The employer’s primary responsibility is to hire a competent NAFTA applicant and provide a letter of employment, contract, or job offer. Much of the remainder is done by the TN visa candidate.

Once the TN category is obtained, the employer must merely ensure that compliance is maintained. There are a few extra requirements for a TN visa applicant’s employer, which are highlighted below.

TN Visa Classification: Explained

The TN visa program permits eligible NAFTA professionals from Canada and Mexico to work in the US. Those with TN status are permitted to practice business in the US and labor in the US for a limited time.

In addition, unlike other forms of employment-based visas, the TN visa doesn’t need a prevailing pay. Businesses do not have to endure the existing wage process with the TN visa, which dictates how much the company must compensate their workers in a specific area. As an alternate, an employer defines the particulars of a position, such as the salary the company is ready to pay in a letter of employment or employment contract.

Since the TN visa is not a migrant visa, it may be a good fit for the US companies looking to fill vacancies on a provisional basis for a couple of years. Employers can use it to identify qualified specialists who aren’t widely available in the US.

Who Is Eligible For The TN Visa?

Qualified individuals must be nationals of either Mexico or Canada to qualify for TN status. Moreover, they should also be occupants listed on the occupants list of TN NAFTA, be valid for a TN-2 visa or TN-1, and meet all other entry requirements for the US.

Employers in the US must first make a job proposal to Mexican and Canadian nationals. The visa owner must have the requisite work experience, education, as well as a valid license for the provided post and the employer must sponsor suitable professionals for this visa. To sponsor a Canadian or Mexican national for the position, the business must have a need for a NAFTA specialist.

What Are The Vocations That Are Permitted?

The TN occupations list identifies the qualified individuals who can work in the US under the TN visa program. Healthcare workers, teachers, scientists, and professionals are the four broad groups of occupations.

If a corporation needs a NAFTA expert for a position, it’s a good idea to think about the job title first. It is advantageous if a job title precisely matches the term on the list, while it is not needed. When writing a role, a job description, or an ad for a vacant position, employers should consider the NAFTA list of professions. This assists the organization in attracting the best foreign national applicants and providing evidence to aid in the application process.

What Is The Procedure For Obtaining A TN Visa?

The process for obtaining a visa differs depending on whether the company is hiring Canadian or Mexican nationals. If a company wants to employ a NAFTA worker from Canada, they must first propose a job to a skilled individual. This procedure comprises creating a job description and conducting recruitment outside of the US. An employer will also need to vet and screen applicants in order to locate suitable individuals who match the position’s educational requirements.

Without applying for a visa ahead of time, the Canadian applicant can apply for the TN-1 visa at a specified port of entry or a chosen clearance examination station after being selected for a post.

Credentials are necessary for the job they will be doing in the US, such as any degrees or licenses required. Some of the requirements include a memo from the sponsoring company stating the objective of the post, the work or job duties to be completed, the applicant’s qualifications for the job, and the expected duration of stay.

1. The fee for the application must be paid;
2. Identification as a Canadian citizen.

If a company wants to employ Mexican residents, the procedure is a little different, but it starts with a prospective job proposal from an American company for a post that qualifies. Professionals from Mexico must then apply for a TN visa prior to departing their native country, as they are unable to come into the US without one. Before entering the US, Mexican citizens must complete a few processes in order to obtain a TN-2 visa.

Limitations or Caps For TN Visas

There is no limit on the number of TN visas that can be awarded, thus anyone who meets the requirements and has their submission accepted can enter the US. This implies that companies in the US who want to employ NAFTA professionals don’t have to pass the time for visas to become available, and they aren’t competing for visas with other businesses. A crucial constraint is that the applicant must have a qualified part-time or full-time job ready for them when they apply for TN rank.

What Can Cause An Issue In The Procedure?

While the TN visa scheme is intended to make it easier for American businesses to hire NAFTA specialists, the procedure is not always straightforward. Professionals who spend a year or more in the US become important resources to the companies, and organizations may prefer to keep the aptitude they have employed.

It is feasible for an employer to convert a temporary NAFTA employment to a durable position. To prevent misrepresentation of intention difficulties pertaining to the reasons for working in the US, TN visa applicants will have to wait for a period 3 months or longer, following their most recent admission into the country before applying for a green card.

Duration of Stay With A TN Visa

A professional with a TN visa can stay in the US for up to 3 years. Immigration systems may, however, award a visa for a far less amount of time. The length of time a TN rank holder is permitted to remain in the US is determined by a number of variables, including the estimated duration of their professional activity in the US.

Employers should think about the length of stay when preparing a letter explaining the conditions of employment. The information in this letter will determine how long a TN visa will be awarded, including how long a project or job is estimated to take.

In some circumstances, this visa can be extended. To petition for an extension, the visa holder’s U.S. employer must fill out Form I-129. A different alternative is to leave the US before the visa expires and request for a visa extension at a preflight examination location or a specified place of entry.

Conclusion

Working with IBP Immigration Law for a TN visa application can provide numerous benefits. With their experienced and knowledgeable attorneys, they can guide you through the complex process and ensure that all requirements are met.

They can also help you identify any potential issues with your application and provide solutions to address them. Additionally, IBP Immigration Law can offer personalized attention to your case, ensuring that you receive the individualized support you need throughout the process. With their expertise in immigration law and commitment to client satisfaction, IBP Immigration Law can help you achieve your goals of working in the US under a TN visa.

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The requirements for the EB1 (EB1 Extraordinary Ability, and EB1 Outstanding Researcher or Professor) and National Interest Waiver (EB2-NIW visas are quite different, and the application and documentation required are significantly different between these two types of visa. An immigrant could qualify for EB2 National Interest Waiver and be ineligible for an EB1 Extraordinary Ability (EB-1A) and EB1 Outstanding Researcher or Professor (EB-1B).

THE EB1 VISA

The EB-1 group has three distinct categories. An EB-1A visa is the first choice for visa applicants who are leaders in the fields of art, business, science, education, or athletics.

EB-1A – This category is exclusively for applicants with extraordinary abilities. The applicant must demonstrate that they fall within the top percentile in their field. The EB-1A category has 10 different eligibility criteria. However, an applicant must satisfy at least three of the 10 requirements to qualify. Applicants typically submit international awards, exclusive memberships, or verifiable salary history to prove that they meet the criteria. Applicants can apply for the EB-1A without a job offer or sponsoring employer.

EB-1B – The category is for applicants who are professors or outstanding researchers. To be eligible, the applicant must show their contributions to their specific field of study or research. Additionally, the applicant must have three years of experience, international recognition, and a job offer for a permanent position. Additionally, this category also has six separate eligibility criteria, and applicants must meet a least two of these six.

EB-1C –The last category of the EB1 green card is tailored towards the executives and managers of international companies that have a branch in the U.S. and at least one other nation. To qualify, you need to meet the USCIS criteria for executives and managers. You must also have functioned as an executive or supervisor in the firm’s international branch for a minimum of one year in the three years before your EB-1C application.

As such, this is a difficult green card to obtain for those in the U.S. under a nonimmigrant visa classification like the L-1 or H-1B visas. The EB-1 visa does not require the PERM Labor Certification.

EB2-NIW VISA

An EB-2 visa is another option for immigrants applying for an employment visa. The EB2 visa is designed for applicants who have earned advanced degrees. Alternatively, applicants who have demonstrated exceptional aptitude in business, science, or art fields, can apply for an EB-2 visa. Notably, applicants who have succeeded in athletics or academics are not eligible for an EB-2 visa but are eligible under the EB-1 category.

The EB-2 visa category requires an employment offer in addition to a PERM Labor Certification. However, an applicant can waive these requirements by seeking an EB2-NIW Visa, which doesn’t require either. To be eligible, the USCIS office must determine that a waiver of these requirements would be in the national interest of the U.S. to approve this applicant. The applicant must supply specific documentation to support their EB-2 NIW visa application.

EB-1 Visas Compared to EB-2 Visas

Both the EB2 NIW and the EB1 visas have unique benefits over employment-based visas requiring a candidate to go through the Labor Certification Process.

For applicants to obtain either visa, they must thoroughly document their experience and qualifications. An experienced immigration attorney can assist you with assembling a successful application and completing the required immigration forms and paperwork for your immigration petition.

Benefits of EB1 Visa

In general, the EB-1 visa is more beneficial and prestigious than the EB2-NIW. As such, the EB2-NIW visa is most applicants’ second choice. Additionally, the EB2-NIW visa procedure has traditionally been longer than the application process for an EB-1 visa.

The main benefit of the EB-1A visa is that it doesn’t require a candidate to have a sponsoring employer or a job offer. Also, the top priority date waiting time is typically much shorter for the EB-1A visa than for the EB-2 NIW visa. The EB-1A visa is exceptionally hard to certify for under present law. This visa is scheduled for people in the top percentile of their field. Overall, the USCIS officers have a large amount of discretion over each case.

Benefits of EB2-NIW

By either the degree requirement or extraordinary ability, the requirement for eligibility for the EB-2 NIW is lower than petitioning for an EB-1A visa. The primary benefit of an EB2-NIW is that it is open to a larger pool of applicants instead of those who are leaders of their field. Like the EB-1A visa, the EB-2 NIW visa petitioners can avoid the labor certification process. Therefore, applicants can submit a permit application simultaneously with the EB-2 NIW visa.

Keep in mind to waive the labor certification process, the applicant must provide substantial evidence. The evidence must show that their proposed work is of “national importance” or “substantial merit.” Also, you must show that you are in the position to pursue your work. Lastly, your work must be beneficial to the United States.

Contact Us Today to Apply for your EB1 or EB2-NIW Visa Today

If you have concerns about whether your work qualifies as “extraordinary ability,” speak with an experienced immigration lawyer ASAP.

We highly recommend seeking the help of an immigration lawyer to analyze your specific situation. At IBP Immigration Law, we have helped individuals from all over the world receive EB2-NIW visas. It is important that you work with a professional that can give you an honest assessment. As well as help you achieve your objectives. If you have any questions, you can speak to Attorney Ingrid Perez. Click here to schedule your consultation

You must have a job offer from an employer in the United States.

To qualify for a TN visa, you must have an offer of employment from an employer in the U.S. The job must be in one of the professions listed on the TN visa list and your employer must be willing to sponsor you for this position. The list of eligible occupations is long, but it includes many common jobs like accounting, architecture, engineering and computer programming. You also need to prove that your employer has been in business for at least one year and has a physical office in the United States where they conduct business related activities such as meetings with clients or customers.

The TN visa is good for three years, but there are ways to renew it

As mentioned above, the TN visa is good for three years, but it can be extended. If you are eligible for a TN visa and your employer is willing to sponsor you through the PERM process, you can apply for a green card.

A green card allows you to live and work permanently in the United States. You’ll need to work with an immigration attorney closely throughout the various stages of the process–but when all’s said and done (and assuming everything goes well), you’ll have permanent legal status in America!

Unlike other nonimmigrant visas, there are no limits to how many TN visas can be issued each year

Unlike other nonimmigrant visas, there are no limits to how many TN visas can be issued each year. This means that if you’re eligible and apply for a TN visa, there is no backlog.  The only exception is if you’re applying for an initial TN classification but have been previously denied a temporary worker status by USCIS (e.g., H-1B). In this case, your employer can apply again after three years from the date of denial–but only once every six years thereafter!

If you want to change jobs, but stay on a TN visa, you’ll need to do some paperwork first

If you want to change jobs, but stay on a TN visa, you’ll need to do some paperwork first. You can’t just walk into your new employer’s office and say “Hi! I’m here for my new job!” You need to get a new I-129 petition approved before changing employers.  Once this is done, the company that hired you will send their petition to USCIS so they can renew your visa for another year (or however long). If it’s been less than six months since your last extension was approved–and assuming all requirements are still met–this application should be approved as well.

Some employers will pay for your relocation costs if necessary

While some employers will pay for your relocation costs if necessary, it’s important to note that many won’t. If you’re looking to save money on moving expenses, be sure to ask your potential employer whether they’ll cover them or not before accepting a job offer.

It’s possible to switch from one type of TN visa to another if you qualify for more than one type of work visa

If you have the qualifications to switch from one type of TN visa to another, it’s possible to do so. You will need to get a new Form I-129 petition approved by USCIS and then your eligible family members file for their change of status with USCIS.

Know how the program works so that you can get your employment status sorted out

If you’re interested in applying for a TN visa, it’s important that you understand who qualifies and how the process works. The TN program allows Canadian citizens to work in the US for up to three years with no restrictions on their employment status. If you’re a Canadian professional who is eligible for this program, then you can apply for a TN visa at one of the many US consulates located throughout Canada before commencing your employment in the U.S.  For Mexican nationals, the process is slightly different.

You’ll need proof of citizenship from your country and proof of qualifying degree if applicable; all documents should be translated into English if necessary. In addition, employers must submit Form I-129 petitioning for nonimmigrant workers along with supporting documentation such as contracts between employers and employees outlining terms and conditions under which they will work together during their time in America; these forms must also include evidence of the wages paid to the employee, the nature of the job, and the employer’s qualifications.

Who Qualifies for a TN Visa?

To summarize, to qualify for a TN visa, you must:

• Be a citizen of Canada or Mexico;
• Have been offered a job by an employer in the United States. This can be either full-time employment or part-time employment that lasts at least three months and does not exceed one year. If you are applying for an extension past this time frame, your employer must prove there is sufficient justification for extending your stay on their end;
• Be able to prove that you have the necessary skills and experience required to fulfill this position (you should provide documentation from previous employers).

Conclusion

The TN visa is a great way for Canadian and Mexican citizens to work in the United States. When it comes to obtaining a TN visa, working with an immigration lawyer can make all the difference in the world. These visas are designed for professionals from Canada or Mexico who are looking to work in the United States in a specific professional capacity. While the application process may seem straightforward, there are many nuances and requirements that must be met in order to qualify for the visa. This is where an experienced immigration lawyer can provide invaluable guidance and support. From ensuring that all necessary documentation is submitted to advocating on your behalf if any issues arise, having a lawyer by your side can significantly increase your chances of a successful TN visa case.  If you still have questions after reading this guide, then please leave them in the comments section below so we can help!  You can also contact IBP Immigration Law to speak to our attorneys.

What is a Green Card?

A green card is a permanent residence card that allows a foreign national to live and work it the United States. Green cards are issued to people who have been approved for lawful permanent residence, also known as adjustment of status.

A spouse of a US citizen can apply for an adjustment of status (green card) based on their marriage if they are currently inside the United States and meets other legal requirements. This means that instead of having to leave the country and apply at an embassy or consulate outside the United States, you can apply directly from within this country where you currently reside.

Legal requirements for a Form I-130 petition

To file a Form I-130 petition for  a spouse of a U.S. citizen, the petitioner must:

• Present proof of their US citizenship;
• Be free to marry at the time they file the petition. This means that previous marriages must be terminated first through divorce or death;
• Satisfy the burden of proof that the marriage is bona fide (real).

How to prove your marriage is real

You’ll need to prove that your marriage is real and not a sham. In other words, you can’t just get married simply to get an immigration benefit–that would be a fraud.  There are serious consequences to committing immigration fraud.  There are many ways to show your marriage is real; here are some examples:

• Photographs of you together at various events, including ones where you’re both with family and friends (this proves that the two of you hold yourselves out as married). Letters from friends and family are also helpful;
• Proof that both spouses live together (for example, copies of utility bills addressed jointly);
• Proof that you share your household expenses;
• Shared bank accounts;
• Gifts are given to each other;
• Proof of shared travel;
• Other evidence as appropriate.

Evidence that your marriage is not a sham will help you avoid being accused of fraud. If you are applying for an immigration benefit based on your marriage to a U.S. citizen, be sure to get legal advice from an experienced immigration attorney before submitting any application.

Legal requirements for Adjustment of Status

• The applicant must have been inspected and admitted into the United States; or paroled into the United States.
• The applicant must be physically present in the United States.
• An immigrant visa must be immediately available when you file your adjustment of status application.

You must be able to show that you are admissible to the United States under all provisions of U.S. immigration law, especially those relating to inadmissibility grounds for adjustment of status such as unlawful presence or criminal offenses.

Prepare and finalize your case before filing your application.

The key to a successful green card application is to do it right the first time. Make sure you have all the documents and information you need before filing your application. This will help ensure that the USCIS does not reject your case because of missing or incorrect information, which can lead to delays in processing and additional costs for both you and your attorney.

• Gather all required documents: You must collect evidence proving that a valid relationship exists between yourself and the U.S citizen who is petitioning for you (also known as “sponsor”).
• Make sure that the petitioner is eligible to be your financial sponsor
• If not, you will need a joint sponsor to file a Form I-864

It will be beneficial to work with an immigration attorney when applying for a green card as part of a marriage to an American citizen.

Immigration law is a complex area of law that can make the process of obtaining a visa, green card or citizenship very difficult for those who are not familiar with the process. Immigration law can affect so many aspects of your life including your work status, family relationships and even your ability to travel outside of the United States.

When you are facing immigration issues, you need an attorney who understands how these laws work and knows how to handle your case in an efficient manner. The attorneys at IBP Immigration Law have years of experience helping clients navigate through the complex immigration system. We will ensure that your case is handled properly from start to finish, so you can focus on other aspects of your life without having to worry about your legal status in this country.

Contact us today if you need assistance with an immigration case!

Conclusion

In conclusion, it is important to note that there are some special circumstances when applying for a green card as part of a marriage to an American citizen.  Keep in mind that all applicants must meet certain legal requirements such as proving their marriage was real and valid at the time it took place. However if these steps are followed closely and you qualify, then there should be no problem obtaining legal status in the United States!