TN Visa Lawyer USA | 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. As TN Visa Lawyers in Miami Florida USA, in TN Visa for NAFTA professionals from Canada and Mexico and share knowledge regarding TN Visa for all those interested in applying for the TN visa, with the help of an experienced TN Visa Lawyer.

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. Unlike the H1-B Visa and other employment-based green cards that require a formal sponsorship from a U.S. Company, the TN Visa does not require company sponsorship and a Labor Condition Application (LCA) from the U.S. Department of Labor (DOL).

“As TN Visa Lawyers in Miami, Florida USA, we use our expertise to advise you on all aspects of business immigration, employment immigration and visas, capital raising and daily business operations to business growth strategies.”

In order to qualify for TN Visa, an applicant must meet the following key requirements:

What Citizenship Does an Applicant Need to Have to Apply For a TN Visa for USA?

• In order to be eligible for a TN Visa, the applicant must be a citizen of the Canada or Mexico. The TN Visa is not available to permanent residents of Canada and Mexico. 

What Is The Best Advice that an Experienced TN Visa Lawyer Gives His or Her Clients About Meeting the Educational Requirements?

• The TN Visa applicant must be a professional in a qualifying profession listed under the NAFTA agreement. A foreign national may not provide services in other unlisted occupations under the TN Visa. In addition, he or she must have the required qualifications for the profession, usually a bachelor’s degree (with limited exceptions) and professional license (if one is required) and must have a job offer from a U.S. company for a professional assignment listed on the Appendix to the NAFTA Treaty. 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 (bachelor’s degree) and experience cannot substitute the educational requirement, where a degree is required. From the best TN Visa lawyer point of view the educational degree must be closely related to the field of the U.S. position offered or license to be considered a professional as stated on the Appendix to the NAFTA Treaty and/or the foreign national must have the requisite professional experience (if applicable). Out of the NAFTA Treaty professions, only the profession of land surveyor allows a foreign national to hold a federal license. The North American Free Trade Agreement (NAFTA) Treaty specifies the list of occupations, as well as the corresponding educational and/or licensure requirements necessary to apply and obtain a TN Visa. For a complete list of professions and minimum requirements and credentials, please visit the NAFTA list.

• In order to qualify for TN visa, the Canadian or Mexican applicant must be engaged in trade in goods, the provision of services or the conduct of investment activities. The foreign national must seek to engage in business activities at a professional level which means the performance of prearranged business activities for a U.S. entity, including an individual.

• 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. The TN position must have a worksite in the United States, including the District of Columbia and Puerto Rico and can be part-time. However, an applicant cannot self-sponsor a TN Visa.   

• Certain NAFTA professions are subject to increased scrutiny such as those of Management Consultants, Scientific Technicians and Technologists, Medical and Health Care Professionals or Hotel Managers. For these professions and many others, including situations where the applicant’s educational degree is not closely related to the duties to be performed, the engagement of an experienced TN Visa Lawyer is almost imperative to achieve the best results.   

What Is The Best Advice that an Experienced TN Visa Lawyer Gives Clients about TN Visa Processing?

Our TN Visa lawyers advise clients that TN Visa processing for Canadian and Mexican citizens is 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 at a U.S. Consulate or Embassy 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 from a U.S. Consulate or Embassy to enter the United States as a TN nonimmigrant.

Spouses and Children of TN Visa Holders

The beneficiary of a TN visa can bring their spouse and unmarried children under the age of 21 to the United States. The spouse 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 obtain a separate work visa or can qualify for other types of visas in the United States.

Why Should You Work with An TN Visa Lawyer in USA?

Our TN Visa lawyers advise clients that the TN Visa is granted for three (3) years and may be extended or renewed. Our experienced TN Visa Lawyers in Miami, Florida, USA can assist with preparing the documentation to confirm satisfaction of the TN Visa requirements, the professional job opening and the employee’s experience, licenses and education among others. Our overall processing time to prepare the TN visa documents is 3 to 4 weeks. Contact us, your experienced business immigration lawyers in Miami, Florida, USA 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