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 a professional from Mexico or Canada seeking to come to the United States for work, a TN visa may be your best choice.
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.
Professionals that commonly take advantage of the TN visa include animal caretakers, veterinarians, accountants, engineers, lawyers, scientists, and professors. These 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.
As a non-immigrant visa, a TN visa grants successful applicants in the professions specified by the regulations up to three years in the U.S., although extensions are available. Aside from being open only to Canadian and Mexican nationals, the TN visa program requires all of the following:
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 a port of entry. However, Mexican citizens must apply for TD non-immigrant visas and prove that the TN visa holder’s status is valid.
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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. Applicants must:
For Mexican citizens, the process is a bit different because Mexican citizens can’t seek entry into the U.S. without a visa. The multi-step process for Mexican citizens includes:
Applicants may prepare for their visa interview by gathering the needed documentation, including:
Finally, 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.
Contact Farmer Law today for help using the TN visa program to further your career.
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Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
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