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1. What Is A Tn Visa?
A TN Visa, also referred to as TN Status or TN-1, is U.S. work authorization available to both Canadian and Mexican citizens to obtain entry, reside and work temporarily in the United States under specific non-immigrant NAFTA professions. The TN Visa may only be granted to an applicant whose profession is listed in the North American Free Trade Agreement (NAFTA).
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2. Who Is Eligible For Tn Visa?
You are eligible for this visa if you are a citizen of Mexico or Canada who works in a professional occupation and:
- Your profession is on the NAFTA list
- You possess the specific criteria for that profession
- Your prospective position requires someone in that professional capacity
- You are going to work for a U.S. employer
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3. How Do I Qualify For A Tn Visa?
To qualify as a TN non-immigrant you must have a valid offer of employment to fill a position in a TN NAFTA profession and provide (at a minimum): Proof of your Canadian citizenship, a detailed offer/support letter from your prospective employer, evidence of your education, credentials, qualifying experience and proof of your intent to return to your foreign permanent residence at the end of your temporary employment.
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4. How Do I Apply For A Tn Visa?
Applications for a TN visa classification can be done by mail with U.S. Citizenship and Immigration Services (USCIS) through Form I-129, by person at a U.S. port of entry, or at a U.S. consulate.
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5. How Can I Obtain A Tn Visa As A Mexican?
As of January 1, 2004 the procedures were simplified for Mexicans by removing the requirement for petition approval and for filing of a labor condition application. Mexicans are no longer subject to numerical limitation for these professionals. Mexican citizens still require a visa to request admission to the U.S. To receive a TN visa, you must submit the following forms and documentation:
- Form DS-156, Nonimmigrant Visa Application completed and signed
- Form DS-157, Supplemental Nonimmigrant Visa Application by male applicants between 16 – 45 years of age
- A passport valid for travel to the U.S. and with a validity date at least six months beyond your intended period of stay in the U.S.
- One 2×2 photograph. (A photograph is not required if you are applying in Mexico.)
- Your employer in the U.S. must provide a Letter of Employment in the U.S. The letter must indicate that the position in question in the U.S. requires the employment of a person in a professional capacity, consistent with the NAFTA
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6. What Are The Documents Required To Apply For Tn Status As A Canadian?
Your application for TN status as a Canadian must include:
- Proof of Canadian citizenship. This could be your passport, birth certificate, or certificate of naturalization
- A letter from your employer offering the employment. This letter must be written on the employer’s letterhead and bear an original signature of the person with hiring authority. The letter must affirm:
- The title of the position offered as it appears in the appendix to the NAFTA treaty
- A description of your professional activities, including a brief summary of job duties and the minimum requirements for the position
- A description of your professional qualifications and appropriate credentials which demonstrate that you have the educational background and qualifications necessary for the position
- The anticipated length of the position. This may not exceed one year
- The specific arrangements for remuneration during the time period requested
- If required by state or local law, that you comply with all applicable laws and/or licensing requirements for the activity in which you will be engaged
- Evidence of the appropriate degree awarded in the form of a copy of a diploma, or official transcripts indicating the degree which has been awarded
- A copy of a recent resume
- The processing fee
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7. Do I Need A Tn Visa To Look For Employment In The U.s.?
No. Under NAFTA you are able to enter the United States as a visitor to apply for positions, interview for positions and seek employment in the United States without a visa. Once you obtain employment you will need to obtain proper work authorization prior to working. The quickest and most cost effective work permit available to Canadian citizens is the TN non-immigrant visa.
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8. How Long Does It Take To Get A Tn Visa?
Initial applications for TN visa status are reviewed at participating U.S. Ports of Entry and if properly presented can be approved within minutes. Petitions for TN status by mail with USCIS can take from 15 days up to a few months depending on the processing method used.
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9. Do I Need A Job Offer Before Applying For Tn Visa Status?
Yes, you must have a valid job offer to apply for a TN visa. One requirement for TN visa application is the supporting evidence that the applicant is engaged in an employee-employer relationship. In the case concerning a TN visa, the offer letter from the potential employer is the supporting evidence. The applicant’s offered position, TN profession, salary, start date, and other details should be included in the letter of support.
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10. Can I Travel Outside The U.s. On Tn Status?
Yes, you may leave the U.S. and be re-admitted for the remainder of the period of authorized stay as indicated on Form I-94, Arrival Departure record as long as the original, intended professional activities and employer have not changed.
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11. Can I Bring My Dependents Into The U.s. On Tn Visa?
Yes, your spouse and unmarried, minor children are entitled to enter the U.S. on derivative TD status.
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12. Can My Dependents Work In The U.s. On Derivative Td Status?
No, your spouse and unmarried, minor children are unable to accept employment in the U.S. on derivative TD status.
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13. How Can I Apply For Extension Of Temporary Stay On Tn Visa As A Canadian?
If you are a Canadian citizen, admitted as a NAFTA professional you may seek an extension of stay, which may be granted up to one year
- If you are in the U.S., your employer may file Form I-129 Petition for Non-immigrant Worker with the USCIS Nebraska Service Center.
- You may return to Canada to re-apply at the port-of-entry with the same documentation that is required for an original application.
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14. How Can I Apply For Extension Of Temporary Stay On Tn Visa As A Mexican?
If you are a Mexican citizen, admitted as a NAFTA professional you may seek an extension of stay, which may be granted up to one year.
- If you are in the U.S., your employer may file Form I-129 Petition for Non-immigrant Worker with the USCIS Nebraska Service Center; or
- If you are applying at a port-of-entry, use the same application and documentation as required for an original application
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15. Can I Work For Multiple Employers In The U.s. While On A Tn Visa?
Yes. You can work for multiple employers in the United States provided that you obtain a separate TN visa status for every employer. Working for an employer other than the one your TN visa is approved for violates U.S. immigration laws.
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16. Can I Change My Tn Visa Employer?
Yes. You can change your TN visa employer at any time. This can be done at a U.S. port of entry or through a USCIS service center.
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17. Can An Independent Contractor Have A Tn Visa?
Yes. You are able to work as an employee or independent contractor. As long as the employer can establish control, you can work as an independent contractor.
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18. What Do I Do When If My Tn Visa Application Is Denied?
It’s not uncommon for a TN visa application to be denied during the applicant’s first attempt. If you’re denied for TN visa status, the best option is to seek the advice of an experienced TN visa attorney before re-applying. Potential for denial is a strong reason to consider the advice of an experience U.S. immigration lawyer before applying for a TN visa.
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19. Should I Hire A Lawyer For A Tn Visa Application?
Yes. Whether an initial request for TN visa status, reapplication after a denial, or renewal, seeking the legal advice of an experienced U.S. immigration attorney is advised. Hiring a lawyer from the beginning of the application makes the process easier and reduces the risk of denial.
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20. Is There A Limit As To How Many Times A Tn Visa Is Renewed?
There’s no limit to the times a TN visa is renewed, but if the TN employee has been on a TN status longer, the scrutiny on the renewal is higher.
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21. Can I Change From A Tn Status To A Green Card?
Yes. You can go from TN visa status to a green card if your application for a green card is properly handled. It’s best to seek legal advice from an experienced U.S. immigration attorney before you start with the green card process.
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22. What Is Acceptable Proof Of Education For A Tn Visa?
Original copies of diplomas, certificates or degrees serve as evidence of education. Some other proofs are supporting academic transcripts and foreign credentials evaluation.
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23. What Is The Tn Visa Interview Process?
The TN visa interview process may differ depending on the applicant and the interviewing officer. The questioning process varies from brief to very intense. It is the officer’s duty to ensure lawful entry of the foreign nationals into the United States. The interview can be smooth for an applicant qualified for TN status with properly presented application. This is one of the many advantages to using the assistance of a U.S. immigration lawyer.
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24. What Is A U.s. Port Of Entry?
A U.S. port of entry is an inspection point where individuals of foreign nationality can seek lawful entry into the United States. It is where applicants process their TN visa applications.
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