Question 1

Advantages of a TN Visa

Accepted Answer

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:

Allows for international travel during the visa’s length, giving your employees access to business and personal trips without extra hassle.
Is able to be repeatedly renewed in increments of 3-year periods without the employee having to leave the country.
Can be used concurrently with various employers with no issues.
Does not require PERM labor certification, but it does require a prearranged professional job with a U.S. employer.
Offers the opportunity for family members of the TN visa recipient to gain access or visas to the United States, thereby increasing the likelihood of employee retention.

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.

Question 2

TN Visa Regulations

Accepted Answer

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:

Individuals’ professions are allowed under the TN visa program’s regulations
The position in the U.S. they’d be filling requires a NAFTA professional
Individuals have arranged employment with a U.S. employer (self-employment is not allowed)
Individuals have the needed qualifications to practice in their profession

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.

Question 3

Set the Date: An Important Note About Hiring

Accepted Answer

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.

Question 4

The TN Visa Process

Accepted Answer

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:

Supply proof of Canadian citizenship, and
Provide a letter from the prospective employer explaining:
- The work to be performed for the employer
- The purpose of the employment
- The applicant’s intended length of stay
- The applicant’s qualifications to do the job
Submit their credentials for evaluation and pay the applicable fee

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:

Applying using Form DS-160, which can be completed online
Uploading a photo to accompany the application that conforms to the photograph requirements
Printing the application confirmation page upon submitting their completed DS-160
Scheduling an interview at a consulate or embassy
Paying the required, nonrefundable visa application fee

Applicants may prepare for their visa interview by gathering the needed documentation, including:

A valid passport that will remain valid for a minimum of six months beyond the applicant’s intended stay in the United States
The completed Form DS-160 and the application fee payment receipt
A photo (if the online photo upload failed during the application process)
An employment contract or letter of employment from the U.S. company that explains the business activities to be performed by the applicant, their anticipated length of employment, and their qualifications and professional credentials as they relate to the job
Documentation that applicants’ work experience and education meet the minimums set forth in the program’s regulations

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; visa appointment wait times vary by consulate (see travel.state.gov’s Global Visa Wait Times). 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.

Question 5

Additional Visa Requirements for TN Visa Holder’s Family Members

Accepted Answer

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.

Question 6

How to Navigate the TN Visa Process

Accepted Answer

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.

Question 7

How Can an Immigration Lawyer Help You?

Accepted Answer

There are many different U.S. work visas that can bring your ideal candidates into the country; if you have a USMCA (which replaced 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 attorneys who follow 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:

Talk you through the steps you and your employee need to take
Gather the necessary paperwork that you or your employee will need to file
Ensure that you submit certain documents in a manner that will keep your company’s hiring schedule secure
Keep you apprised of any federal policy changes

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 help you plan each step from hiring to onboarding your employee.

Question 8

How Long is a TN Visa Valid?

Accepted Answer

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.

Question 9

Why Hire Farmer Law?

Accepted Answer

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:

We’re an award-winning team with experience creating corporate solutions
Our immigration team follows changes in immigration law and policy
We take specific, strategic action with our clients to meet company needs
We reduce hassle by ensuring federal and state compliance with immigration standards

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.

TN Visa

What is a TN Visa?

More About TN Visas

Contact Farmer Law Immigration Attorneys Today

Recent Articles

TN Renewal and Changing Employers: Your Options

TN Visa for Employers: Hiring a Canadian or Mexican Professional

TN Visa Requirements for Nurses

Get In Touch With Us

Immigration Law