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.
- The fee for the application must be paid;
- 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.
Click here for your consultation.
