What Do You Need to Know About Applying for a TN Visa? | Silver Immigration
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What Do You Need to Know About Applying for a TN Visa?

July 13, 2021 - by matthewsilverimm

Through the North American Free Trade Agreement (NAFTA), now succeeded by the United States-Mexico-Canada Agreement (USMCA), many Mexican and Canadian professionals have had the opportunity to work in the United States by obtaining a TN visa.

If you plan to apply for a TN visa, below are some essential things you should know about this popular non-immigrant visa category.

What is the TN Visa?

The TN visa is a non-immigrant visa that makes it possible for citizens of Canada and Mexico to live and work in the United States in certain pre-approved professional occupations. Unlike some other visa types, the TN visa is specifically designed to facilitate temporary entry for qualified professionals under the terms of the USMCA (formerly NAFTA).

Who Qualifies for a TN Visa?

To qualify for a TN visa, there are five main requirements you must meet:

  • You must be a Canadian or Mexican citizen: This is a strict requirement. Permanent residents of Canada or Mexico do not qualify for the TN visa.
  • You must have a job offer to work in the United States: The TN visa doesn’t allow you to start a business in the United States and work for that business. To qualify for the TN visa, you must have a pre-arranged job offer from a U.S. employer. Can I get a TN visa without a job offer? No, a valid job offer is a fundamental requirement.
  • Your profession must be listed on the TN occupation list: Only USMCA (NAFTA) professionals are eligible for the TN visa. This list specifies around 60 professional categories. What jobs count for a TN visa? Examples include accountants, engineers, computer systems analysts, scientific technicians, registered nurses, and many more.
  • You must satisfy the educational and professional requirements of the US job: Depending on the specific job on the TN occupation list, a baccalaureate degree, a post-secondary diploma with experience, or a provincial/state license can fulfill the academic and professional requirements. What degrees are eligible for a TN visa? Generally, a baccalaureate or “licenciatura” degree is required, though some professions allow for a post-secondary diploma and experience, or a professional license.
  • You must be seeking temporary entry (non-immigrant intent): To qualify for the visa, you must demonstrate that you plan on leaving the United States upon completion of your TN role. This is a crucial distinction.

How Long Can I Stay on a TN Visa?

The TN visa allows you to work in the United States for up to three years initially. While it is a temporary visa, it can be extended without limit in three-year increments, as long as you continue to meet the eligibility requirements and maintain your non-immigrant intent. So, how long can Canadians stay in the US with a TN visa? Indefinitely, in three-year increments, as long as they qualify and maintain temporary intent.

TN Visa vs. H-1B Visa: Which is Better?

Many professionals wonder about the difference between H-1B and TN visa, or is a TN visa better than H1B? and which is better, H-1B or TN visa? The “better” visa depends entirely on your specific circumstances and long-term goals.

Here’s a breakdown:

  • Eligibility: TN visas are exclusively for Canadian and Mexican citizens, while H-1B visas are for professionals from any country.
  • Cap: The H-1B visa has an annual cap, making it highly competitive and subject to a lottery. The TN visa has no annual cap.
  • Processing Time: Canadian citizens can often apply for a TN visa directly at a U.S. Port of Entry and receive immediate approval, while H-1B processing can take months.
  • Intent: The TN visa is a “non-immigrant intent” visa, meaning you must demonstrate an intent to return to your home country. The H-1B visa is a “dual intent” visa, meaning you can simultaneously seek permanent residency without jeopardizing your non-immigrant status.
  • Path to Green Card: Can TN visa lead to Green Card? While not a direct path, it is possible to transition from a TN visa to a Green Card, but it requires careful planning to demonstrate the shift from non-immigrant to immigrant intent. This usually involves applying for a Green Card after a period of time on the TN visa, and potentially departing and re-entering the U.S. once the Green Card process is underway. Can you switch from TN to H-1B? Yes, it is possible to change status from TN to H-1B, which can be a strategic move if you decide to pursue permanent residency, as H-1B is dual-intent.
  • Employer Obligations: TN visa employers generally have fewer obligations and fees compared to H-1B employers. There is no minimum salary requirement for a TN visa, unlike the prevailing wage requirements for H-1B. What is the minimum salary for TN visa? There isn’t a stated minimum salary, but the proposed salary should be commensurate with a professional-level position.

For many Canadian and Mexican professionals seeking a straightforward and relatively quick way to work in the U.S. temporarily, the TN visa is often the preferred choice. However, if your long-term goal is U.S. permanent residency, or if you don’t qualify for a TN profession, the H-1B might be more suitable, despite its complexities.

How Hard Is It for a Canadian to Get a TN Visa?

Is it hard for Canadians to get a TN visa? and is it easy to get a TN visa for Canadians? Generally, for qualified Canadian citizens, obtaining a TN visa is considered less complex and faster than many other U.S. work visas, especially when applying at a port of entry. The approval rate has historically been high for well-prepared applications.

However, it’s not a guaranteed process. What are the odds of getting a TN visa? While approval rates have been around 90% in recent years, success depends heavily on meeting all requirements and presenting a clear, well-documented application.

Why would a TN visa be denied? Common reasons for denial include:

  • Lack of clear professional intent: The job duties might not strictly align with a recognized TN profession.
  • Insufficient evidence: Not providing all required documents or the evidence is not strong enough (e.g., degree, license, job offer letter).
  • Failure to demonstrate non-immigrant intent: The CBP officer or USCIS adjudicator believes you intend to permanently reside in the U.S.
  • Misrepresentation or criminal history: Any past immigration violations or criminal offenses can lead to denial.

What are the disadvantages of a TN visa?

While advantageous for many, the TN visa does have some limitations:

  • No Dual Intent: As a non-immigrant visa, it inherently requires you to demonstrate temporary intent, which can complicate attempts to pursue permanent residency while on TN status.
  • Limited Occupations: Only specific professions on the USMCA list qualify.
  • Dependents Cannot Work: Spouses and children (TD visa holders) are not authorized to work in the U.S. under this status.
  • Renewal Every Three Years: While indefinitely extendable, it requires re-application every three years, either at a port of entry or via mail.

Other Important Considerations

  • What is the equivalent of a TN visa in Canada? Canada has its own provisions under the USMCA (formerly NAFTA) for U.S. and Mexican professionals to obtain work permits. While not explicitly called a “TN visa,” it serves a similar purpose of facilitating temporary work for qualified professionals.
  • Do I have to pay Canadian taxes on a TN visa? If you remain a Canadian tax resident while working in the U.S. on a TN visa, you generally have to report your worldwide income, including your U.S. earnings, to the Canada Revenue Agency (CRA). However, tax treaties and foreign tax credits can help prevent double taxation.It’s crucial to consult with a tax professional experienced in cross-border taxation.

What documents do you need to apply for a TN visa?

The documents you submit with your visa application are critical to you getting approved. These documents include:

  • Evidence of citizenship: Canadian or Mexican passport.
  • Support letter from your prospective US employer: The letter should be signed by an authorized representative of the company and should be on the company’s letterhead. It must include the following:
    • The professional activities you’ll be performing for the employer
    • The length of time you’ll be working for the employer
    • An explanation of why the employer needs your services
    • A description of your educational and professional qualifications for the role
    • The salary and other remuneration you’ll receive
  • Evidence of your non-immigrant intent: You will need to provide documents that demonstrate you have strong ties to your country and plan on moving back (e.g., property ownership, family ties, bank accounts, etc.).
  • Educational and professional qualifications: You must provide certificates, degrees, licenses, letters from previous employers, and your resume.

How to apply for a TN visa

The TN visa application process differs for Canadians and Mexicans.

Canadians do not have to apply for a TN visa at the consulate or the US embassy. If you are a Canadian citizen, you can attain your TN status at the time you want to be admitted to the United States. You only need to present the required documentation to a US Customs and Border Protection (CBP) officer at the designated port of entry.

Your prospective employer can also apply for the visa on your behalf. Your employer must submit Form I-129 to the United States Citizenship and Immigration Services (USCIS). Once the form has been approved, you can apply to CBP to be admitted to the United States.

Do you need a TN visa lawyer?

Do you have questions about the TN visa, or would you like to get started with your application?

At Silver Immigration, our US immigration lawyer helps professionals attain TN status to live and work in the United States.