How to Qualify for a TN Visa

The TN visa is a nonimmigrant visa that allows Canadian and Mexican citizens to work in the United States.

Introduction

The TN visa is a nonimmigrant visa that allows Canadian and Mexican citizens to work in the United States. This program is known as the “North American Free Trade Agreement” (NAFTA) professional category. The TN visa is good for three years and can be renewed if you’re still working for your initial employer or have found a new job with an approved employer. There are no limits on how many TN visas can be issued each year, but only certain professions qualify for this type of work visa.

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.

How to Qualify for a TN Visa

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

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.