TN Visa: A Guide To The Process

What is a TN Visa?

A TN visa is a non-immigrant visa that allows citizens of Canada and Mexico to work temporarily in the United States in certain professional occupations. TN stands for “Trade NAFTA,” which refers to the North American Free Trade Agreement (NAFTA), a treaty that created a free trade zone between the United States, Canada, and Mexico.

The TN visa was created as part of NAFTA to facilitate the temporary entry of professionals who are citizens of Canada or Mexico and who are employed in certain pre-approved professions, such as accountants, engineers, scientists, and teachers, among others. The TN visa allows these professionals to work in the United States for up to three years, with the possibility of an extension.

To be eligible for a TN visa, the applicant must have a job offer from a U.S. employer in a pre-approved profession and meet certain education and/or experience requirements. The applicant must also demonstrate that the proposed job duties and responsibilities meet the requirements of the pre-approved profession.

What are the TN visa requirements?

The TN visa is a non-immigrant visa that allows citizens of Canada and Mexico to work in the United States in certain professional occupations. The requirements for the TN visa include:

1. Citizenship: The applicant must be a citizen of Canada or Mexico.
2. Job offer: The applicant must have a job offer from a U.S. employer for a job that is listed on the NAFTA (North American Free Trade Agreement) list of professional occupations.
3. Education: The applicant must have the necessary education or credentials for the specific job listed on the NAFTA list. This can include a degree, diploma, license, or other professional credential.
4. Temporary intent: The applicant must have the intent to stay in the United States temporarily and must show that they have ties to their home country that will ensure their return when their TN visa expires.

It’s important to note that the TN visa is only available for certain professional occupations, and not all jobs are eligible for the visa. Additionally, the requirements for the TN visa may vary slightly depending on the specific occupation and the U.S. consulate or embassy where the applicant applies.

Can I get a TN visa without a college degree?

Yes, it is possible to obtain a TN visa without a college degree or with a foreign degree. The requirements for the TN visa include having the necessary education or credentials for the specific job listed on the NAFTA list of professional occupations. While a college degree is often preferred, it is not always required.

For example, some occupations on the NAFTA list, such as Management Consultant, do not require a specific degree, but rather relevant experience in the field. In this case, the applicant would need to demonstrate their experience and qualifications to the U.S. immigration authorities.

If the applicant has a foreign degree, it must be evaluated to determine if it is equivalent to a U.S. degree. This evaluation can be done by a professional credential evaluation service, which will provide a report indicating the U.S. equivalency of the foreign degree.

Overall, it is important to review the specific requirements for the occupation in question and consult with an immigration attorney or qualified professional to determine eligibility for the TN visa.

What is the TN visa list of professionals?

The TN (Trade NAFTA) visa is a non-immigrant visa that allows certain Canadian and Mexican citizens to work in the United States in specific professions. The TN visa list of professionals includes the following occupations:

1. Accountant
2. Architect
3. Computer Systems Analyst
4. Economist
5. Engineer
6. Graphic Designer
7. Industrial Designer
8. Interior Designer
9. Land Surveyor
10. Lawyer (including Notary in the province of Quebec)
11. Librarian
12. Management Consultant
13. Mathematician
14. Range Manager/Range Conservationist
15. Research Assistant (in a post-secondary educational institution)
16. Scientific Technician/Technologist
17. Social Worker
18. Technical Publications Writer
19. Urban Planner (including Geographer and Regional Planner)

It is important to note that to be eligible for a TN visa, the applicant must possess the required qualifications and/or licenses for the specific profession, as well as meet other criteria such as having a job offer from a U.S. employer and being a citizen of Canada or Mexico.  This website has the job descriptions for the above professions.

What is the TN visa process if I’m in the U.S.?

If you are currently in the U.S. on a different nonimmigrant visa or in a period of authorized stay, you may be able to apply for a change of status to TN visa status without leaving the country. Here are the general steps you would need to follow:

1. Confirm that you are eligible for a TN visa based on your profession, nationality, and other requirements.
2. Find a U.S. employer who is willing to sponsor you for a TN visa and obtain a job offer letter.
3. Prepare the required documentation, including Form I-129, Petition for Nonimmigrant Worker, supporting documents such as educational credentials and any required licenses or certifications, and filing fees.
4. Submit the I-129 petition to U.S. Citizenship and Immigration Services (USCIS) and wait for a decision.
5. If your I-129 petition is approved, you will receive a Notice of Action (Form I-797) and can then begin working for your employer in TN status.
6. If you are currently in the U.S. on a different nonimmigrant visa or in a period of authorized stay, you DO NOT need to file a Form I-539, Application to Extend/Change Nonimmigrant Status.  The I-129 will act as the change of status.
7. If your change of status application is approved, you will receive a new Form I-94 Arrival/Departure Record reflecting your TN status.

It’s important to note that if you are currently out of status in the U.S., meaning that you have overstayed your previous visa or violated the terms of your current visa, you may not be eligible to apply for a change of status to TN status. If you are out of status, you may need to resolve your immigration issues before applying for a TN visa. It is recommended that you consult with an experienced immigration attorney to determine your eligibility and options.

The fees and supporting documents required to file a TN visa petition with USCIS may vary depending on the specific circumstances of your case. Here is a general overview of the fees and documents you may need:

Fees:

• Form I-129 filing fee: $460 (as of September 2021)

Supporting Documents:

• Job offer letter from a U.S. employer detailing the position, duties, and salary
• Evidence that you are a citizen of Canada or Mexico (e.g. passport, birth certificate)
• Educational credentials (e.g. diplomas, transcripts) to establish that you meet the minimum qualifications for the TN profession
• Any required licenses or certifications for the TN profession
• Evidence of your intent to return to your home country at the end of your authorized stay in the U.S. (e.g. a lease or property ownership in your home country)

Additional documents may be required depending on the specific TN profession and your circumstances.

It is important to review the current USCIS instructions and requirements carefully and consult with an experienced immigration attorney to ensure that you are submitting a complete and accurate application.

What is the TN visa process if I’m in Mexico?

If you are a Mexican citizen and wish to obtain a TN visa, you can either apply at a U.S. port of entry or through the U.S. consulate in Mexico. Here is an overview of the TN visa process if you are in Mexico and applying through a U.S. consulate:

1. Confirm that you are eligible for a TN visa based on your profession, nationality, and other requirements.
2. Find a U.S. employer who is willing to sponsor you for a TN visa and obtain a job offer letter.
3. Prepare the required documentation, including Form DS-160 Nonimmigrant Visa Application, supporting documents such as educational credentials and any required licenses or certifications, and the visa application fee.
4. Schedule an appointment at the U.S. consulate in Mexico.
5. Attend your visa interview at the consulate and present your documentation to the consular officer.
6. If approved, you will receive a TN visa stamp in your passport.

Fees:

• Nonimmigrant visa application fee: $160 (as of September 2021)

Supporting Documents:

• Job offer letter from a U.S. employer detailing the position, duties, and salary
• Evidence that you are a citizen of Mexico (e.g. passport)
• Educational credentials (e.g. diplomas, transcripts) to establish that you meet the minimum qualifications for the TN profession
• Any required licenses or certifications for the TN profession
• Evidence of your intent to return to Mexico at the end of your authorized stay in the U.S. (e.g. a lease or property ownership in Mexico)

Additional documents may be required depending on the specific TN profession and your circumstances.

It is important to review the current U.S. consulate instructions and requirements carefully and consult with an experienced immigration attorney to ensure that you are submitting a complete and accurate application.

What is the TN visa process if I’m in Canada?

You are correct, my apologies for the mistake in my previous response. Canadian citizens are eligible to apply for a TN visa at a U.S. port of entry (POE) as long as they meet the TN visa requirements and have the required documentation. Here is an overview of the TN visa process if you are a Canadian citizen and applying at a U.S. POE:

1. Confirm that you are eligible for a TN visa based on your profession, nationality, and other requirements.
2. Find a U.S. employer who is willing to sponsor you for a TN visa and obtain a job offer letter.
3. Prepare the required documentation, including proof of Canadian citizenship (such as a passport), educational credentials, any required licenses or certifications for the TN profession, and the employer’s letter outlining the job offer and other supporting documents.
4. Travel to a U.S. port of entry and present your documentation to the U.S. Customs and Border Protection (CBP) officer.
5. If approved, the CBP officer will issue a Form I-94, which authorizes your stay in the U.S. for up to three years.
6. You may then begin working for the U.S. employer.

Fees:

• TN visa application fee: $56 (as of September 2021)

Supporting Documents:

• Proof of Canadian citizenship (such as a passport)
• Educational credentials (e.g. diplomas, transcripts) to establish that you meet the minimum qualifications for the TN profession
• Any required licenses or certifications for the TN profession
• Job offer letter from a U.S. employer detailing the position, duties, and salary
• Evidence of your intent to return to Canada at the end of your authorized stay in the U.S. (e.g. a lease or property ownership in Canada)

Additional documents may be required depending on the specific TN profession and your circumstances.

It is important to note that while Canadian citizens can apply for a TN visa at a U.S. POE, it is still advisable to have all necessary documentation ready and be prepared for the possibility of being denied entry. It is recommended to consult with an experienced immigration attorney to ensure that you are submitting a complete and accurate application.

Can I go from a TN Visa to a green card through an employer?

Yes, it is possible to transition from a TN visa to a green card in the United States. There are three main employment-based (EB) categories for obtaining a green card: EB-1, EB-2, and EB-3.

• EB-1 category is for individuals who have extraordinary ability in science, arts, education, business, or athletics, outstanding professors or researchers, or multinational executives or managers. If you qualify for EB-1, you may be able to bypass the labor certification process (PERM) and directly apply for a green card.
• EB-2 category is for individuals who have advanced degrees or exceptional ability in science, arts, or business. You may be eligible for this category if you have a master’s degree or higher, or if you have exceptional ability in your field, as demonstrated by a high level of expertise and recognition. To apply for an EB-2 green card, your employer must complete the PERM process, which involves a labor certification application and a recruitment process to show that there are no qualified U.S. workers available to fill the position.
• The EB-3 category is for individuals who have bachelor’s degrees or skilled or unskilled workers. To apply for an EB-3 green card, your employer must also complete the PERM process, which involves showing that there are no qualified U.S. workers available to fill the position.

The PERM process involves a detailed recruitment process to demonstrate that there are no qualified U.S. workers available for the position, and obtaining a prevailing wage determination from the Department of Labor. This process can take several months to complete.

The green card process involves filing two main forms: Form I-140, Immigrant Petition for Alien Worker, and Form I-485, Application to Register Permanent Residence or Adjust Status.

Here is an overview of the AOS process from a TN visa:

1. Determine eligibility for an employment-based green card, including EB-1, EB-2, and EB-3 categories.
2. File Form I-140, which is the first step in the AOS process. Your employer will need to submit this form on your behalf, along with supporting documentation such as educational credentials and proof of work experience.
3. Once the I-140 is approved, you can file Form I-485, which is the application for AOS. You will need to submit supporting documentation such as a copy of your TN visa, I-94 record, and other forms and documentation as required.  (You may also choose to file the I-140 and the I-485 together)
4. Attend a biometrics appointment to provide fingerprints and other biographical information.
5. Attend an interview with a USCIS officer, which is typically required for AOS applications.
6. If approved, you will receive a green card and become a permanent resident of the U.S.

Supporting Documents:

• Form I-140, Immigrant Petition for Alien Worker, filed by your employer
• Form I-485, Application to Register Permanent Residence or Adjust Status, filed by you
• Proof of eligibility for the employment-based green card category you are applying for
• Educational credentials (e.g. diplomas, transcripts)
• Proof of work experience (e.g. reference letters, employment records)
• Copy of your TN visa, I-94 record, and other immigration documentation.
• Passport-style photos
• Payment of fees

It is important to note that the AOS process can be complex and there may be additional supporting documents required depending on your circumstances. It is recommended to work with an experienced immigration attorney to ensure that you are submitting a complete and accurate application.

Is a TN better than H1B?

TN and H-1B visas are both temporary work visas in the United States, but there are several key differences between the two.

1. Eligibility: TN visas are available to Canadian and Mexican citizens who work in specific professions, while H-1B visas are available to workers from any country who work in a wide range of professional fields.
2. Education requirements: TN visa holders are typically required to have at least a bachelor’s degree or its equivalent, while H-1B visa holders must have a bachelor’s degree or its equivalent in a specific field related to their employment.
3. Duration: TN visas are issued for up to three years and can be renewed indefinitely, while H-1B visas are typically issued for three years with the option to extend for an additional three years for a maximum of six years.
4. Numerical caps: H-1B visas are subject to an annual cap on the number of visas available, while there is no cap on the number of TN visas that can be issued.
5. Employer sponsorship: TN visas do not require employer sponsorship, while H-1B visas must be sponsored by a U.S. employer who is willing to file a petition with the U.S. Citizenship and Immigration Services.
6. Dependents: Both TN and H-1B visas allow for dependents (spouses and children) to accompany the visa holder to the U.S., but the process and eligibility requirements for dependents can vary.

Overall, the TN visa is generally considered a faster and more straightforward option for Canadian and Mexican citizens who work in specific professions and meet the eligibility requirements, while the H-1B visa is a more flexible option for workers in a wide range of fields who may require sponsorship from a U.S. employer.

Do I need a TN visa attorney?

Whether or not you need a TN visa attorney will depend on your circumstances and comfort level with the visa application process.

If you have a straightforward application and meet all of the eligibility requirements, you may be able to apply for a TN visa on your own without the assistance of an attorney. However, if you have a more complex case or are unsure about the application process, it may be beneficial to consult with an experienced TN visa attorney.

Here are some situations where you may want to consider hiring a TN visa attorney:

1. You have a complicated case: If you have a more complex case, such as a prior visa denial or an unusual job description, an attorney can help you navigate the process and ensure that your application is as strong as possible.
2. You want to maximize your chances of approval: An attorney can review your application and supporting documents to ensure that they are complete and meet all of the requirements for the TN visa category you are applying for.
3. You have questions or concerns about the process: If you are unsure about any part of the TN visa application process, an attorney can provide guidance and answer your questions.
4. You want peace of mind: Hiring an attorney can provide peace of mind knowing that you have a professional advocate who can help you through the application process and handle any issues that may arise.

Overall, hiring a TN visa attorney is not required, but it can be a helpful way to ensure that your application is as strong as possible and to navigate any potential issues that may arise during the application process.