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The TN Visa is a unique non-immigrant classification that allows citizens from Canada and Mexico to work in the United States. Established under the United States-Mexico-Canada Agreement (USMCA), this visa category is designed to strengthen economic relations between these three countries. However, obtaining a TN Visa requires meeting specific eligibility criteria.
First and foremost, to verify your TN visa eligibility, you must be a citizen of either Canada or Mexico. Permanent residents or non-citizens living in these countries do not qualify. You will need to provide proof of citizenship during the application process. For Canadian citizens, a passport is sufficient proof, while Mexican citizens will need a passport and a visa.
The TN Visa is designated for professionals who intend to work in one of the professions listed by the U.S. Department of State. These professions typically require at least a bachelor’s degree or appropriate credentials demonstrating professional status. Examples of such professions include, but are not limited to, accountants, engineers, lawyers, pharmacists, scientists, and teachers.
The most important TN visa requirement is having a job offer from a U.S. employer. The job offer must be for a full-time or part-time position but cannot be for self-employment. The job offer should be presented as a detailed letter from the prospective employer outlining your job role, purpose of employment, length of stay, remuneration details, and evidence of your educational qualifications.
Alongside having a job offer in a qualifying profession, you must also possess the necessary educational qualifications or credentials for your profession. These could include degrees, diplomas, certificates, professional licenses, or relevant work experience. For example, a Software Engineer would need a Bachelor’s or Licenciatura Degree.
The U.S. employer must submit proof of your qualifications along with the job offer. This proof could include copies of your degrees, transcripts, licenses, certificates, or letters from past employers attesting to your experience. It’s important to note that all documents must be in English or accompanied by a certified English translation.
Despite the fact that a TN Visa can be renewed indefinitely, it does not provide a direct path to permanent residency. Applicants must demonstrate that they intend to return to their home country once their TN status expires. This intent can be demonstrated through ties to your home country, such as family, property, or a job to return to.
The application process differs slightly for Canadian and Mexican citizens. Canadian citizens can apply directly at a U.S. port of entry, while Mexican citizens must first obtain a TN visa from a U.S. embassy or consulate before they can seek admission at a U.S. port of entry.
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As an employer, it’s up to you to get the process started. You must provide a detailed job offer letter that outlines the professional capacity in which the employee will be working, the purpose of employment, the length of stay, and their educational qualifications.
Upon the employee’s arrival, the employer is required to ask the employee to complete the I-9 work authorization check. This form is used to verify the identity and employment authorization of individuals hired for employment in the United States.
The employer plays a crucial role in validating the employee’s credentials. They must ensure that the prospective employee possesses the necessary educational qualifications or credentials for the profession, such as original diplomas, certificates, or transcripts. In some cases, proof of relevant work experience may also be required.
Interestingly, the TN visa requirements do not require that a TN visa worker receive a certain salary or wage. However, employers should be aware of prevailing wage requirements under other labor and employment laws to ensure compliance. We also recommend offering a fair and competitive salary to your applicant. It’s important to remember that these individuals are professionals in their field, and they won’t move across countries for an uncompetitive salary.
While a written job offer is necessary, there is no express requirement in the TN visa rules that an employer provide a traditional employment contract. The job offer letter often suffices as proof of the employment relationship.
Navigating the TN visa application process can be challenging. There are several potential pitfalls that applicants can fall into if they’re not careful. To help you avoid these common mistakes, we’ve compiled a list of areas to pay particular attention to.
One of the most common mistakes in the TN visa application process is submitting incomplete or incorrect documentation. This can range from forgetting to include certain documents to providing information that is incorrect or inconsistent. Remember, your application must include proof of citizenship, a detailed job offer letter, and evidence of your qualifications. Make sure all documents are complete, accurate, and consistent with each other.
The TN visa category is only available for specific professional occupations listed by the U.S. Department of State. A common mistake is applying for a TN visa with a job offer that doesn’t match one of these professions. It’s crucial to ensure that your job offer aligns with a qualifying profession and that you have the necessary credentials or experience for this role.
While the TN visa allows for indefinite renewals, it’s not a path to permanent residency. Applicants must demonstrate their intent to return to their home country once their TN status expires. Failing to adequately demonstrate this intention can lead to the denial of your application.
Another common mistake is not meeting the qualification requirements of the specific profession. Each profession on the TN list has specific educational or experiential qualifications that must be met. The Department of Labor won’t issue a visa for an engineer to come perform manual labor, so it’s crucial to ensure that you meet these requirements and have all of the necessary documents to prove your applicant’s previous experience or education.
A job offer from a U.S. employer is a fundamental requirement for a TN visa application. Attempting to apply without a valid job offer will result in an unsuccessful application.
Applying for a TN visa involves certain costs that applicants must be prepared to bear. Here’s a breakdown of the associated fees:
Remember, these costs are subject to change, so it’s always a good idea to check the most up-to-date information on the official U.S. Department of State website.
Employers play a pivotal role in the TN visa process. They not only extend the job offer that forms the basis of the TN visa application, but they also verify the employee’s work authorization, validate their qualifications, and ensure overall compliance with the TN visa regulations.
As an employer, understanding these requirements is key to successfully hiring a Canadian or Mexican professional under the TN visa category. If you have questions about your application or want to learn more before the process, contact one of our legal experts at Farmer Law PC and schedule your complimentary consultation today!
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