TN NAFTA Professionals Visa

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence.

The TN Visa also known as the TN NAFTA Professional Visa is a temporary nonimmigrant visa that allows citizens of Canada and Mexico to live and work in the United States in order to engage in business activities at a professional level. Unlike other types of U.S. visas available to all nationalities, the TN Visa is only available to Canadian and Mexican citizens and does not apply to permanent residents of Canada and Mexico.

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In order to be eligible for a TN Visa, the applicant must be a citizen of the Canada or Mexico, must be a professional in a qualifying profession listed under the NAFTA agreement, must have the required qualifications for the profession and must have a job offer from a U.S. company. Unlike the H1-B Visa and other employment-based green cards that require sponsorship from a U.S. Company, the TN Visa does not require company sponsorship. With respect to the job, the TN Visa requires only to have a letter from a prospective U.S. employer detailing items such as the professional capacity in which the applicant will work in the United States, the purpose of the employment, the length of stay, and the  educational qualifications for the qualifying profession.

Among the professionals that can seek admission as TN nonimmigrants under the NAFTA agreement are doctors, accountants, architects, lawyers, economists, engineers, graphic designers, hotel managers, social workers, scientists, nurses, pharmacists, teachers and many others. The professions generally require a baccalaureate degree and experience cannot substitute the educational requirement. For a complete list of professions and minimum requirements and credentials, please visit the NAFTA list.

The requirements for Canadian and Mexican citizens are different. For Canadian nationals, the TN Visa can be obtained directly at the border and there is no cap on the number of visas issued each year. However, a Canadian who resides in a third country with a non-Canadian spouse and children, and who plans to enter the United States as a NAFTA professional with family members, will need to apply for a TN visa prior to entering the United States in order for the family members to be eligible to apply for derivative TD nonimmigrant visas. For Mexican nationals the cap for TN NAFTA Professional Visa is 5,500 and are required to obtain a visa to enter the United States as a TN nonimmigrant.

The beneficiary of a TN visa can bring their spouse and children under the age of 21. The spouses and children of a TN visa holder are not allowed to work while living in the United States but are permitted to study. However, the spouse of a TN visa holder can seek work visas or can qualify for other types of visas in the United States.

The TN Visa is granted for three (3) years and may be extended. Contact us, your experienced business immigration lawyers in Miami, Florida, to schedule an appointment for your immigration case and find out more about the TN NAFTA Professional Visa and other visa options available to you.

Malescu Law P.A. – Business & Immigration Lawyers