The EB-3 Visa Lawyers Guide: Navigating Your Path to U.S. Employment
The EB-3 Visa Lawyers Guide: Navigating Your Path to U.S. Employment In the intricate world of U.S. immigration, securing…
In 1994, the North American Free Trade Agreement (NAFTA) was implemented between the United States, Mexico, and Canada. As part of NAFTA, the TN Visa program was created to allow professionals from Canada and Mexico to enter the United States, in order to engage in employment and professional level business activities.
A TN visa is a temporary, non-immigrant visa that allows citizens of Mexico and Canada to enter the United States and conduct particular professional level business activities on behalf of their employer for up to three years.
A person qualifies for a TN visa when they meet the following requirements
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A TN visa is generally granted for an initial period of three years. However, at the discretion of the CBP officer, it can be given for a shorter period. If the TN visa holder is present in the United States and maintaining their status, Applicants or employers can file for an extension using form I-129, without the TN visa holder having to return to their country of citizenship. However, if a TN visa holder is from Mexico, and the TN visa has been extended, and the visa holder travels abroad, they, along with any dependents,may need to apply for a new TN/TD visa at a U.S. embassy or consulate in Mexico before returning to the U.S.
The procedure for obtaining a TN visa is different for citizens of Canada than it is for citizens of Mexico. For Canadian citizens, there are two paths for getting a TN visa and entering the United States
For Mexican citizens, there is only one path for obtaining an initial TN visa and entering the United States. Mexicans seeking a TN visa must schedule an interview at a U.S. embassy or consulate in Mexico, complete a non-immigrant visa application (Form DS-160), and present the following documents:
The U.S. State Department will review the application and grant the TN visa.
At the U.S. border, certain healthcare professionals may be required to complete the VisaScreen process.
The truth is, while the terms of a TN visa are defined by NAFTA and governed by the U.S. Citizenship and Immigration Services, the U.S. Customs and Border Protection service regulates actual border crossings, and there can be different interpretations of the TN visa eligibility and requirements between these different agencies.
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