TN Visa/Status – Mexican and Canadian Listed Professionals
As listed in the Appendix 1603.D.1 of the North American Free Trade Agreement, Mexican and Canadian professionals may apply for the TN visa status to work in the United States. To qualify for this visa status, however, Mexican and Canadian professionals must have an offer for one of the professional activities listed in 1603.D.1—moreover, professionals must hold the requisite credentials for that position.
The employment opportunity available in the United States must meet one of the following two requirements: 1) the job must be through an employment relationship with a business entity in the United States; or 2) the job must be through a contractual relationship with a business in the U.S.
Applicants for the TN visa status must not posses any intent to immigrate to the United States. For Mexicans, visa approval must be obtained through the United States Consulate Office in Mexico. For Canadians, visa approval may be obtained from a port of entry anywhere between the United States and Canada.
Duration of Stay:
In most cases, TN visas are granted for a period of three years. So long as the TN visa holder remains actively engaged in business and continues to possess no intent to immigrate to the United States, the TN visa/status may be extended as long as the applicant wishes (typically by periods of three years).
Unmarried children under 21 and the spouse of a successful TN visa applicant will be eligible to enter and live in the United States with the TN derivative status so long as the primary TN visa remains active. While family members will not be allowed to be employed in the U.S., anyone with TN derivative status may attend schools.
When filing a typical TN visa status application, the attorneys at the Law Office of William Jang, PLLC, will charge the following:
- $2,000 + ($500 for each family members) in attorney’s fees
- Fees charged by the Government (this varies)
In addition to our attorney’s fees, there will be filing fees associated with both the Consular Offices and the United States Citizenship and Immigration Services (USCIS).
At the Law Office of William Jang, PLLC, our Austin immigration attorneys have both the experience and resources you will need as you work through the application process for the TN visa status. To discuss the particulars of your situation with one of our Austin immigration attorneys, please call our Austin offices at (512) 323-2333 today or click here to learn more about experience in dealing with visas.
What do I need to begin the process?
- Information and Documents needed for the TN Visa/Status
- If you are not currently in the United States: Additional Information and Document Needed for TN Visa Application (at a Consulate Office)
Frequently Asked Questions (FAQs) About TN Visa/Status
We deal with the work visa process every day to help people come to the United States for their jobs. We know you have more questions. Many of the questions we get most often are answered below. If you don’t see your question here, contact us at (512) 323-2333.
What is a TN visa/status?
The TN (Trade National) visa/status is a non-immigrant work visa category established under North American Free Trade Agreement (NAFTA) between Canada, United States, and Mexico. The TN category is for professionals who are nationals of Mexico or Canada and meet specific qualifications. Those qualified to enter the United States under this category may work for a U.S.-based company temporarily.
How long can I work in the United States with TN status?
Generally, you’ll be allowed into the U.S. to work under TN status for three years. The status can be renewed at the end of each three-year term for another term of three years indefinitely, as long as the stay remains temporary. Not every TN visa is granted for three years; talk to an attorney to determine the duration of your particular stay.
Do I qualify for a TN visa?
There must be a job offer in place from a U.S. employer. Your job must be one of the TN professions and meet the requirements for the job. It is highly recommended that you have an experienced TN visa attorney review your unique situation.
What does the TN visa process entail?
The process of obtaining TN classification is not the same for Canadian citizens as it is for Mexican citizens. Canadian citizens do not have to apply for a TN visa. Rather, they can apply for TN status at a U.S. Port of Entry. Mexican citizens, on the other hand, have to apply for TN status at a U.S. Consulate prior to entering the country. Canadians can file an initial TN petition with United States Citizenship and Immigration Services (USCIS) and get their TN approved prior to pursuing admission via a U.S. Port of Entry. Unlike Canadian citizens, Mexican citizens are not permitted to file a TN petition with the USCIS. They have to apply for TN status through a U.S. Consulate.
Can my spouse and children come to the U.S. if I get a TN visa?
Your spouse and your minor (and unmarried) children may come to the U.S. in TD (TN Dependent) status. However, your wife and children are not able to accept employment in the U.S. in this status. If they would like to work, they will need to qualify for a separate work visa.
I’m from Mexico and want to renew my TN status. How do I do that?
Mexican citizens may renew their TN visa status by filing a petition for extension with the UCIS. An experienced immigration lawyer can assist with filling out a Form I-129 and preparing all other required documents. The application fee is $325.
If you want to travel abroad, you might need to apply for a new TN visa if your current one has expired. Schedule a visa interview appointment at a U.S. Consulate to apply for TN status at a Port of Entry.
Can I travel outside the U.S. or re-enter the country while I have TN status?
TN visa holders may leave and re-enter the country at any time throughout their TN stay. Canadian citizens need to make sure they carry their original Form I-94. Mexican citizens need to have their passport with the visa as well as a valid Form I-94.
Can a TN worker go from a TN visa to a green card (resident status)?
Yes. Because the TN status is a non-immigrant classification, it does not automatically lead to a green card. You have to apply for an adjustment of status, which involves going from non-immigrant to immigrant classification. You have to be present in the U.S. when the petition for the adjustment of status is filed via Form I-485 with the USCIS.
The process of going from a TN visa to a green card is complex, and if not executed correctly, it could lead to severe consequences, including being barred from entering the U.S. The TN visa is not considered dual intent; therefore, applying for residence status in the U.S. while on TN status is a violation of the terms of the stay. A skilled and experienced TN visa attorney can help guide you through this complicated process.
Can you transfer a TN visa to another location?
A TN status worker who is transferred to another location by the same American company to perform the job duties will not need to file another application for TN status. Contact the Law Office of William Jang, PLLC at (512) 323-2333 for more information about changing jobs or locations with a TN visa.