Through the North American Free Trade Agreement (NAFTA), 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 things you should know.
What is the TN visa?
The TN visa is a non-immigrant visa that makes it possible for Canadians and Mexicans to live in the United States while working in certain occupations. The TN visa only allows you to work in the United States for up to three years, but it can be extended without limit.
What are the requirements for the TN visa?
There are five main requirements you must meet to qualify for the TN visa.
- You must be a Canadian or Mexican citizen: To qualify for the TN visa, you must be a citizen of either Canada or Mexico. Permanent residents of these countries do not qualify for the 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 job offer.
- Your profession must be listed on the TN occupation list: Only NAFTA professionals are eligible for the TN visa.
- You must satisfy the educational and professional requirements of the US job: Depending on the job, a post-secondary certificate, a degree, or a provincial license can fulfill the academic and professional requirements.
- 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.
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 on 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.
- 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. 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.