TN Visa Lawyer USA
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 TN NAFTA Profession Should An Applicant Have to Qualify for TN Visa?
- 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:
- Graphic Designers
- Hotel managers
- Social workers
- Computer Systems Analysts
- Land Surveyors
- Interior Designers
- Industrial Designers
- Landscape Architects
- College, University or Seminary Teachers and Professors
- Others. For a complete list of professions and minimum requirements and credentials, please visit the NAFTA list.
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 to be considered a professional as stated on the Appendix to the NAFTA Treaty or the foreign national must have the required professional experience where 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 and can access the list above.
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 the U.S. Job Offer and Employer?
- With respect to the U.S. job, the TN Visa requires only to have a letter from a prospective U.S. employer detailing the terms of the employment 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
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. In other words, the foreign national must seek to engage in business activities at a professional level which means that he or she must perform prearranged business activities for an entity or an individual.
The TN position must have a worksite in the United States, including the District of Columbia and Puerto Rico and can be part-time. Employment opportunities in Guam, the Northern Mariana Islands, American Samoa or the U.S. Virgin Islands do not qualify an applicant for the TN visa. Moreover, an applicant cannot self-sponsor a TN Visa through their own company. The best TN Visa Lawyers advise clients that the TN visa is not employer-specific and it is possible for an individual to work for more than one employers as long as all TN employers have been annotated on the visa.
An experienced TN Visa Lawyer will tell you that TN visa applicants can work for a Canadian or Mexican company and qualify for TN status in order to provide professional services in the United States. In other words, the applicant can be employed by a Mexican or Canadian entity and seek TN visa status to perform services in the United States on behalf of the foreign employer as long as there is a relationship between the foreign company and the U.S company that will be receiving the services of the foreign national.
TN Visa Benefits
Our TN visa lawyers maintain that there are many benefits to TN visa for professionals including:
- TN Visa is available only to citizens of Canada and Mexico and cannot be accessed by nationals of other countries
- The US employer is not required to formally sponsor the professional from Canada or Mexico and obtain an approved Labor Condition Application from the U.S. Department of Labor
- Applicant can work in the United States part-time or full-time for more than one US employer
- Applicant can travel in and out of the United States multiple times
- Applicant can bring his or her spouse and unmarried minor children (under the age of 21) to the United States on a dependent TD status
- Spouse and children of principal TN visa holder can attend U.S. schools and universities full-time or part-time
- TN visa can be renewed indefinitely as long as legal requirements are met, offering applicants and their families the possibility to stay in the United States for a longer period of time
- The processing time for TN visa is fairly short and premium processing (15 days) is available for extension or change of status within the United States with U.S. Citizenship and Immigration Services.
TN Visa Period of Stay and Extension
Our TN Visa lawyers advise clients that the TN Visa is usually granted for three (3) years or for the duration of the TN assignment, whichever is less, and may be extended or renewed. For Mexican citizens applying for TN visa, the TN visa stamp is granted for maximum one (1) year, but the U.S. Customs and Border Protection (CBP) officers can admit Mexican citizens on TN status for up to three (3) years. The TN visa can be renewed or extended in increments of 3 years indefinitely.
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 TN visa from a U.S. Consulate or Embassy to enter the United States.
The TN visa can be renewed or extended indefinitely as long as legal requirements are met and our experienced TN Visa Lawyers explain clients that the extension or renewal can be filed with the U.S. Citizenship and Immigration Services (USCIS) maximum 6 months before the expiration date of the TN status, or directly at the port of entry in the case of citizens from Canada or at a U.S. Consulate in the case of citizens from Mexico.
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, an experienced TN visa lawyer will tell you that if the spouse of a TN visa holder desires to work, then he or she can obtain a separate work visa such as a new TN visa as principal applicant or can qualify for other types of visas in the United States including H-1B visa, E1 visa, E2 visa, L1 visa, O1 visa and others.
Why Should You Work with a TN Visa Lawyer?
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