USA and the UK
What is a TN Visa?
The TN Visa allows citizens of Canada and Mexico who received a job offer from an American employer to work in a professional occupation in the U.S.
The TN Visa was created under the North American Free Trade Agreement (NAFTA). This treaty was signed in 1994 by Canada, Mexico, and the U.S. Likewise, if you are an Australian highly-skilled worker, you may fall into the E3 special occupation list.
With our help, getting your TN Visa can be less stressful. Get in touch today to find out more about our services. You can call us on +1 844 290 6312 or use our online contact form.
Who is eligible for a TN Visa?
The TN Visa is tailored to a list of eligible professions, listed on the USCIS website.
Most of these occupations require an advanced degree and expertise in a particular area. However, only citizens from Canada and Mexico can apply for this visa. Furthermore, they must already have a legitimate offer to work in the U.S.
This permit allows applicants to work with only one employer. If you wish or intend to work for more organizations, you will need to file a separate TN visa request for each company.
What are the requirements for a TN Visa?
To be eligible for a TN Visa you must:
- Prove your intent to return to your home country when your visa expires (or after nine years of total stay)
- Demonstrate your strong ties with your home country such as showing proof of a spouse back home or owning a real estate in your home country (recommended)
- Hold a professional license
- Have at least a bachelor’s degree. Work experience cannot be used as a substitute for educational qualifications
- Be employed full-time or part-time in the U.S.. Self-employment is not accepted
How to apply for a TN Visa?
If you are already in the U.S. under a different visa status, you can submit your new application directly to the USCIS. If you are outside the U.S., you can either apply in person at a U.S. port of entry (POE) or submit your application by email.
Unlike TN-1 Visa applicants, if you are a Mexican petitioner, you cannot apply at a POE. You must submit your request to your local consulate and fill in the DS-156 or DS-157 form.
How long does it take to get a TN Visa?
If you apply at a U.S. POE (Port Of Entry), you may be able to get your decision in a few hours.
However, if you are petitioning online, your TN visa processing time will take longer.
The USCIS usually needs about six months to process each petition. Your employer can pay for a premium processing service to get your response within 15 calendar days.
How much does the TN Visa cost?
If you are a citizen of Canada, you can directly gain your status at a U.S. port of entry.
This will cost you $50, plus an additional fee of $6 for your I-94 Card.
If you are from Mexico, or if you choose to petition by mail, your application fees are higher. The cost for this is $460 to file and submit your I-129 petition.
What are the differences between the TN and the H-1B Visas?
Since the TN Visa is not held to an annual cap, it is the most recommended path for Mexican and Canadian citizens. In addition, there is no limit of the permit renewals you can get.
On the other side, the H-1B Visa status is initially valid for three years, and it can be extended to a maximum of six years. Nevertheless, it is considered a “dual intent” permit, meaning that you can seek a green card status while under it.
The best option for you depends on your unique case. Your immigration lawyer can help you determine the best route to follow to enter the U.S.
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There are two different TN Visa tiers: N-1 Visa for Canadian citizens, and TN-2 Visa for applicants from Mexico. Both visa categories are targeted at highly skilled professionals. The list of eligible jobs includes architects, accountants, economist, and engineers.
Your permit can be valid for up to three years. At the end of this period, you can apply for a TN Visa renewal.
In such cases, your company needs to file an I-129 extension petition at least six months before your visa expires. Your TN Visa renewal usually takes from 2 to 7 months to be processed.
If your visa expires while you are still waiting for your extension, you may need to leave the U.S. and then reapply at the border.
If you hold a TN visa, you can bring your spouse and unmarried children under the age of 21 into the U.S.
However, you must first prove your relationship with them. The USCIS needs to access to evidence of your marriage and your children’s birth certificates.
Your relatives will then get a TN dependent Visa. While in the country, they cannot seek employment.
Our immigration lawyers can provide you with expert guidance. We have a proven track of cases of professionals that got their TN Visas.
We are happy to support you through each step of the process. Our advisors will:
- Perform a full document check to ensure that you meet the TN Visa requirements;
- Check if you have adequate professional qualifications to emigrate to the U.S.;
- Liaise with the USCIS and your U.S.-based sponsor;
- Provide complete support if you want to apply at a U.S. POE;
- Complete your DS-156 Form to the highest possible standard.
Contact us today to learn more about our tailored immigration guidance. Use our online contact form or call us on +1844 290 6312 to arrange a meeting with your IAS advisor.