While the United States offers various options for foreigners seeking longer-term entry into the United States, the TN non-immigrant visa program offers wide-ranging benefits — not only to the visa holders, but to U.S. employers as well. If you’re looking to hire a professional from Mexico or Canada to come to the United States for work, a TN visa may be your best choice.
Farmer Law can help you throughout the visa process, from choosing the right visa to filing paperwork and beyond. Our legal team understands that ideal candidates can come from anywhere. We create a clear path to fill your unstaffed positions and keep the process as simple as possible. If you’re hiring from Canada or Mexico, our team can help your company decide on the most efficient and economical way to meet your workforce needs.
A TN visa is a type of non-immigrant visa, meaning that it does not lead to permanent residency or citizenship. The Trade National (TN) visa program allows qualifying Mexican and Canadian citizens to enter the United States on a temporary basis to engage in professional business activities.
TN visas have very particular requirements. Not only are they only available to the citizens of the United States’ direct northern and southern neighbors, but they are limited to specific professions; in fact, there are fewer than 70 professions that are eligible for a TN visa. The visa also requires the prerequisite of proper training and degrees to be completed in order to be eligible for entry into the United States. The eligible individuals are known as NAFTA professionals, because the visa program was created as part of the North American Free Trade Agreement and is open only to individuals in certain qualifying professions.
Professionals that commonly take advantage of the TN visa include:
There are many more qualified professionals that may have access to a TN visa. Our attorneys at Farmer Law can help you determine if your job description falls under this category and what next steps you need to take to ensure you can bring your employee into the country. Our team can help you navigate the questions you may have surrounding your company’s specific open positions.
There are some basic advantages of obtaining a TN visa, namely its ease of renewal once obtained. While it may have strict requirements during the application process, a TN visa can be a beneficial way to grow — and, more importantly, maintain — your workforce. A TN visa:
While a TN visa isn’t applicable in all immigration cases, for companies looking for in-demand professionals to fill critical roles, it can be an excellent option. Speak to our legal team about your specific needs so we can help you make the best decision regarding your company’s, and employee’s, futures.
The narrow list of candidates available for a TN visa is winnowed ever further with the following stipulations for this visa. Aside from being open only to Canadian and Mexican nationals, the TN visa program requires all of the following:
While these requirements are stringent, a TN Visa can also be a company’s most versatile option to grow its workforce and bring in candidates who will drive your organization’s vision forward.
Applicants of the TN Visa have a 60-day grace period after their employment ends, but they can only enter the United States 10 days before their official work start date. This means that any paperwork the TN Visa applicant shows to the U.S. border patrol when crossing, or any paperwork they send in for their visa, should have a start date that takes into account the necessary onboarding and training processes for your company so that your employee can begin their regular role on your company’s intended schedule.
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The TN visa application process differs for applicants from Canada and Mexico. Since Canadians are generally able to travel into the United States freely without a visa, they can simply apply for the visa when seeking entry into the country. At that time, they can establish their eligibility for the TN visa with U.S. Customs and Border Patrol at certain designated ports of entry. However, if your Canadian employees choose this route, they must have all the necessary documents and produce them at the border. Applicants must:
Canadian citizens can also receive a TN visa if they are already in the United States, as long as an employer fills out the required paperwork for them. By completing Form I-129, a Petition for Nonimmigrant Worker, employers can apply for the visa through the U.S. Citizenship and Immigration Services (USCIS).
Applications for Mexican citizens are a little more involved because they must first have a visa to enter the United States. This means that the paperwork and process are slightly more complicated. The multi-step process for Mexican citizens includes:
Applicants may prepare for their visa interview by gathering the needed documentation, including:
While the contract or letter of employment is essential, the rest of the steps are often done by the individual. It can take a while to gather the required documents together and submit the application. Planning ahead for hiring under a TN visa is important; it can take 2 to 6 months to receive the visa after the application process. Our legal team at Farmer Law can help ensure that all the forms and protocols are met.
Following approval, Mexican applicants may apply for admission into the country at certain CBP-designated ports of entry or pre-flight inspection stations.
Because of the specialized nature of the jobs filled by TN visa holders, the United States also allows their spouse and unmarried, minor children to accompany them into the U.S. These immediate family members do not require a specific visa if they are Canadian citizens; they need only meet U.S. Customs and Border Protection requirements for admission at any port of entry.
Similar to how Mexican citizens must meet separate criteria to obtain their TN visa, their families must go through a separate process to join them in the U.S., as well as obtain a visa to enter. Mexican citizens must apply for TD non-immigrant visas and prove that the TN visa holder’s status is valid.
With all the particulars for TN visa holders, regarding whether they’re traveling from Canada or Mexico, navigating the TN visa application can be a challenge. And in these shifting times, it can be difficult to know how immigration laws may change in the future. As recently as 2020, former president Donald Trump pushed through some drastic changes to NAFTA in a new agreement, the United States-Mexico-Canada Agreement (USMCA). Fortunately, the new agreement left the TN program unchanged. As legislators increasingly eye issues related to immigration, it’s unclear whether any regulatory changes are on the horizon for this program.
With the various requirements for Mexican and Canadian citizens in regards to a TN Visa, it can be best to have an experienced attorney guide you through the process. Our lawyers at Farmer Law can help you traverse the present inconsistencies and future questions that arise with tenuous immigration policies.
There are many different U.S. work visas that can bring your ideal candidates into the country; if you have a NAFTA professional eager to work with you, a TN visa is often the visa you want. However, it’s important to get your immigration questions answered by trusted attorneys who stay on top of federal changes. A TN Visa lawyer can meet with you and walk you through the various options you have, guiding you through the particulars of assisting your employee. They can:
If you’re a company that’s looking outside the U.S. borders for the best fit for your team, talk to a TN Visa lawyer from Farmer Law. We understand the complicated process behind navigating visas, and can eliminate roadblocks to create an easy path from hiring to onboarding your employee.
The TN visa is originally valid for up to three years at a time. The advantage of a TN Visa is that it can be slightly easier to renew than other types of visas as long as you do so within the three-years time period. While this is a relatively short period of time, the renewal process for the TN visa can be indefinite.
TN visa holders wishing to extend their stay will need their employers to submit a new Form I-129 for them before the three-year window has expired in order for them to stay in the country. Having an employer fill out the I-129 is more likely to ensure an uninterrupted workflow and is the more streamlined of the two options for employees who wish to continue their work within the United States. Our offices can assist your company to complete the I-129 in a timely fashion.
Alternatively, TN visa holders may leave the U.S. before their TN visa expires and apply for an extension at a CBP-designated port of entry or pre-flight inspection station. The extension process requires the same application and documentation procedures followed for the initial visa application.
Because of the myriad and differing requirements in the TN visa process for Mexican and Canadian citizens, it’s a good idea to work with an attorney with experience helping professionals navigate the TN visa process.
We’re a knowledgeable team with years of legal experience and a passion for immigration law. We understand the difficulties of cultivating a workforce to fill important roles. Our priority is to assist companies to transition their workers across the borders in a safe and legal manner. Our team has the extensive knowledge to assist with your TN Visa needs. Farmer Law should be your first call because:
Our work is tailored to every individual business; there’s no one-size-fits-all solution for immigration. We can help you navigate the process of a TN visa, as well as any renewal processes that may be needed.
As an employer, you want the best people working for you. Our job is to help you integrate top employees into your workforce with as smooth a process as possible.
If you have questions or concerns about how to hire qualified employees, contact Farmer Law. The sooner you reach out to our team, the sooner we can help your company. We’ll answer your questions about TN Visas, help you compile paperwork, and keep your company operating seamlessly. Reach out to Farmer Law at 512-910-7734 today.
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