TN Visa Lawyer USA
As TN Visa Lawyers in Miami Florida USA, we have experience with TN Visa for professionals from Canada and Mexico and share our knowledge regarding TN Visa for all those interested in applying for one with the help of an experienced TN Visa Lawyer.
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.
Canadian and Mexican professionals can also obtain a TN visa to work in USA and our TN Visa Lawyers discuss all you need to know about the TN Visa for USA.
Overview:
- What is TN Visa?
- What are the benefits of TN Visa?
- TN Visa Requirements
- TN Visa Professions List
- TN Visa Employer Requirements
- TN Visa Processing Time
- TN Visa Validity and Period of Stay
- TN Visa Extension
- TN Visa Application for Canadian citizens
- TN Visa Application for Mexican citizens
- TN Visa Spouse and Children
- How to go from TN Visa to Green Card?
- Conclusion
1. What is TN Visa?
The TN Visa is a 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.
The TN Visa is created by the US-Mexico-Canada Agreement (USMCA) which replaced the NAFTA. The criteria for TN visa admission under the USMCA are the same as under NAFTA. The TN Visa is now known also as USMCA Professional Visa.
Unlike other US visas, 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 a Labor Condition Application (LCA) from the U.S. Department of Labor (DOL).
Canadian and Mexican citizens are admitted in TN visa status to provide services in certain professions and can be admitted in up to 3-year increments for full-time or part-time employment.
Prior to obtaining the TN visa and engaging in professional activities in the US, the Canadian or Mexican applicant must have a prearranged employment.
There is no cap on the number of TN visas issued each year.
“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”
2. What are the benefits of TN Visa?
According to our TN visa lawyers there are many benefits to TN visa for professionals including:
- TN Visa is available only to professionals from Canada and Mexico and cannot be accessed by nationals of other countries
- Your US employer is not required to obtain an approved Labor Condition Application from the US DOL
- You can work in the United States part-time or full-time for more than one US employer
- You can travel in and out of the United States multiple times
- You can bring your spouse and unmarried children under the age of 21 to the United States on a dependent TD status
- Your spouse and children can attend U.S. schools and universities full-time or part-time
- You can renew the TN Visa indefinitely as long as you meet the legal requirements, offering you and your family the possibility to stay in the United States for a longer period of time
- The TN Visa processing time is fairly short and premium processing (15 days) is available for extension or change of status within the United States with USCIS.
3. TN Visa Requirements
In order to qualify for TN Visa, you must meet the following requirements:
- You are a citizen of Canada or Mexico
- You are a member of one of the USMCA Professions
- Position in the United States requires a USMCA Professional
- You meet the educational requirements and experience for the profession
- You have a prearranged full-time or part-time job with a US employer. Self-employment does not qualify for TN Visa
A. You are a citizen of Canada or Mexico
To be eligible for a TN Visa you must be a citizen of the Canada or Mexico. Only those individuals who hold a Canadian or Mexican passport can successfully apply for a TN Visa.
Permanent residents of Canada and Mexico do not qualify for TN Visa.
B. You are a member of one of the USMCA Profession
To qualify for a TN Visa you must be a member of a qualifying profession listed in Appendix 2 of USMCA (former NAFTA).
The USMCA provides the list of professions and corresponding educational and/or licensure requirements necessary to apply and obtain a TN Visa and the list can be found below. For a complete list of professions and minimum requirements and credentials, please visit the USMCA list.
C. Position in the United States requires a USMCA Professional
To qualify for a TN visa you must have job offer from a US employer for a professional assignment in the United States.
The employment letter should detail the position, duties, educational qualifications, duration, purpose of employment and salary among others.
To determine TN visa eligibility, the immigration officer focuses on the duties required by the profession and not on the exact job title.
Certain USMCA 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.
D. You meet the educational requirements and experience for the profession
To qualify for TN Visa you must have the education and/or experience required for the profession, usually a bachelor’s degree and professional license, if one is required.
Out of the USMCA professions, only the profession of land surveyor allows a foreign national to hold a federal license.
The professions generally require a baccalaureate degree (bachelor’s degree) and experience cannot substitute the educational requirement, where a degree is required.
For the educational requirements, the regulations for TN status do not provide guidance on what bachelor’s degrees or majors are suitable for a particular USMCA profession. Our best TN Visa lawyer maintain that the educational degree must be closely related to the field of the U.S. position offered to be considered a professional as stated in Appendix 2 of USMCA.
To satisfy the bachelor’s degree requirement, you can show a degree obtained from a college or university in one of the USMCA countries or outside the USMCA countries (outside Mexico, US or Canada). If you have obtained the degree outside the USMCA countries, then you should contact an experienced TN Visa Lawyers to discuss your options.
If experience is required for the profession, then you must have the required professional experience to qualify for TN Visa.
With respect to those professions that require post-secondary diplomas and/or certificates, the degrees must be obtained from an institution in one of the NAFTA countries.
In addition, for those TN visa professions that require a license to practice, the license does not need to be from the United States. The license can be from Mexico or Canada as required to practice the profession in Mexico or Canada.
With a TN Visa you are not allowed to provide services in occupations not listed in the USMCA.
E. You have a prearranged full-time or part-time job with a US employer. Self-employment does not qualify for TN Visa.
To be eligible for TN visa you must have a prearranged position with a US employer prior to applying for the visa.
An employment agency cannot hire or sponsor a TN visa professional if the agency does not have a job placement for the applicant.
Part-time employment is acceptable to qualify for TN visa category.
Self-employment where the applicant seeks to obtain the TN visa to start a business or practice in the United States is not possible with TN Visa.
Internships or fellowships are available for TN visa category as long as the duties to be performed are undertaken at a professional level.
4. TN Visa Professions List
The list of professions that qualify for TN Visa under USMCA is:
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GENERAL PROFESSIONS |
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PROFESSION |
MINIMUM REQUIREMENTS |
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Accountant |
Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A., or C.M.A. |
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Architect |
Baccalaureate or Licenciatura Degree; or state/provincial license |
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Computer Systems Analyst |
Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate and 3 years’ experience |
|
Disaster Relief Insurance Claims Adjuster |
Baccalaureate or Licenciatura Degree and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or 3 years’ experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims |
|
Economist |
Baccalaureate or Licenciatura Degree |
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Engineer |
Baccalaureate or Licenciatura Degree; or state/provincial license |
|
Forester |
Baccalaureate or Licenciatura Degree; or state/provincial license |
|
Graphic Designer |
Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate and 3 years’ experience |
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Hotel Manager |
Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management and 3 years’ experience in hotel/restaurant management |
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Industrial Designer |
Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and 3 years’ experience |
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Interior Designer |
Baccalaureate or Licenciatura Degree or Post-Secondary Diploma or Post-Secondary Certificate, and 3 years’ experience |
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Land Surveyor |
Baccalaureate or Licenciatura Degree or state/provincial/federal license |
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Landscape Architect |
Baccalaureate or Licenciatura Degree |
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Lawyer (including Notary in the province of Quebec) |
L.L.B., J.D., L.L.L., B.C.L., or Licenciatura degree (5 years); or membership in a state/provincial bar |
|
Librarian |
M.L.S., or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite) |
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Management Consultant |
Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to 5 years’ experience as a management consultant, or 5 years’ experience in a field of specialty related to the consulting agreement |
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Mathematician (including Statistician) |
Baccalaureate or Licenciatura Degree |
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Range Manager/ Range Conservationist |
Baccalaureate or Licenciatura Degree |
|
Research Assistant (working in a post-secondary educational institution) |
Baccalaureate or Licenciatura Degree |
|
Scientific Technician / Technologist |
Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research |
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Social Worker |
Baccalaureate or Licenciatura Degree |
|
Sylviculturist (including Forestry Specialist) |
Baccalaureate or Licenciatura Degree |
|
Technical Publications Writer |
Baccalaureate or Licenciatura Degree, or Post-Secondary Diploma or Post-Secondary Certificate, and 3 years’ experience |
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Urban Planner (including Geographer) |
Baccalaureate or Licenciatura Degree |
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Vocational Counselor |
Baccalaureate or Licenciatura Degree |
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MEDICAL PROFESSIONS |
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PROFESSION |
MINIMUM REQUIREMENTS |
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Dentist |
D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license |
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Dietitian |
Baccalaureate or Licenciatura Degree; or state/provincial license |
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Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) |
Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and 3 years’ experience
|
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Nutritionist |
Baccalaureate or Licenciatura Degree |
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Occupational Therapist |
Baccalaureate or Licenciatura Degree; or state/provincial license |
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Pharmacist |
Baccalaureate or Licenciatura Degree; or state/provincial license |
|
Physician (teaching or research only) |
M.D. Doctor en Medicina; or state/provincial license |
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Physiotherapist/ Physical Therapist |
Baccalaureate or Licenciatura Degree; or state/provincial license |
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Psychologist |
State/provincial license; or Licenciatura Degree |
|
Recreational Therapist |
Baccalaureate or Licenciatura Degree |
|
Registered Nurse |
State/provincial license or Licenciatura Degree |
|
Veterinarian |
D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license |
|
SCIENTIST PROFESSIONS |
|
|
PROFESSION |
MINIMUM REQUIREMENTS |
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Agriculturist (including Agronomist) |
Baccalaureate or Licenciatura Degree |
|
Animal Breeder/Scientist |
Baccalaureate or Licenciatura Degree |
|
Apiculturist |
Baccalaureate or Licenciatura Degree |
|
Astronomer |
Baccalaureate or Licenciatura Degree |
|
Biochemist |
Baccalaureate or Licenciatura Degree |
|
Biologist (including Plant Pathologist) |
Baccalaureate or Licenciatura Degree |
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Chemist |
Baccalaureate or Licenciatura Degree |
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Dairy Scientist |
Baccalaureate or Licenciatura Degree |
|
Entomologist |
Baccalaureate or Licenciatura Degree |
|
Epidemiologist |
Baccalaureate or Licenciatura Degree |
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Geneticist |
Baccalaureate or Licenciatura Degree |
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Geochemist |
Baccalaureate or Licenciatura Degree |
|
Geologist |
Baccalaureate or Licenciatura Degree |
|
Geophysicist (including Oceanographer in Mexico and the United States) |
Baccalaureate or Licenciatura Degree |
|
Horticulturist |
Baccalaureate or Licenciatura Degree |
|
Meteorologist |
Baccalaureate or Licenciatura Degree |
|
Pharmacologist |
Baccalaureate or Licenciatura Degree |
|
Physicist (including Oceanographer in Canada) |
Baccalaureate or Licenciatura Degree |
|
Plant Breeder |
Baccalaureate or Licenciatura Degree |
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Poultry Scientist |
Baccalaureate or Licenciatura Degree |
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Soil Scientist |
Baccalaureate or Licenciatura Degree |
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Zoologist |
Baccalaureate or Licenciatura Degree |
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TEACHER PROFESSIONS |
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|
PROFESSION |
MINIUMUM REQUIREMENTS |
|
College Professor |
Baccalaureate or Licenciatura Degree |
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Seminary Professor |
Baccalaureate or Licenciatura Degree |
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University Professor |
Baccalaureate or Licenciatura Degree |
5. TN Visa Employer Requirements
Our TN Visa Lawyer advises that with respect to the US job offer, the TN Visa requires only a letter from a prospective US employer detailing the terms of the employment such as:
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- 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, you 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 US employer 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.
There is no minimum required remuneration associated with TN visa classification that the employer is required to pay to the TN Visa employee.
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.
6. TN Visa Processing Time
The processing time for TN visa for citizens of Canada applying at border or major international airport in Canada is same day processing. These TN visa applications are processed by the US Customs and Border Protection (CBP) officers.
The processing time for TN visa for citizens of Mexico applying at US Consulate in Mexico is anywhere from couple days to couple months. The processing time depends on interview availability.
The processing time for change of status to TN visa while in the United States at USCIS is 15 calendar days with premium processing or 4 to 6 months with regular processing.
7. TN Visa Validity and Period of Stay
Our TN Visa lawyers advise clients that the TN Visa is usually valid for 3 years or for the duration of the TN Visa assignment.
The period you can stay in the US on a TN Visa is up to 3 years for citizens of Canada and Mexico.
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.
8. TN Visa Extension
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 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.
To find our more how to renew or extend the TN Visa visit our page here.
9. TN Visa Application for Canadian citizens
Our TN Visa lawyers advise clients that the application process for TN Visa for Canadian citizens is different than the application process for Mexican citizens.
Canadian citizens are visa exempt. Canadians are not required to apply for and receive a TN Visa from a U.S. consulate in Canada. Instead, Canadian citizens can apply and get a TN Visa directly from a CBP officer at the border at a U.S. Port of Entry.
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 TN 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 visas.
In the alternative, if already in the United States in another valid, a Canadian citizen can change their status to TN status through USCIS on Form I-129, Petition for a Nonimmigrant Worker.
To apply for a TN Visa citizens of Canada need the following documents:
- Proof of Canadian citizenship
- Letter from employer describing the professional capacity in which you will work in the United States, job duties, length of stay, educational qualifications and experience and remuneration
- Proof of your credentials for the TN profession, including diploma, licenses or experience
- Required forms
10. TN Visa Application for Mexican citizens
Mexican citizens are required to have a visa to travel to the United States.
Mexican citizens are required to apply for TN Visa at a U.S. Consulate. Citizens of Mexico applying for TN Visa who are outside of the United States must appear at a consular interview to obtain the TN visa stamp prior to presenting for admission at the US border.
Mexican citizens who are in the United States in valid status can apply for TN status though change of status filed at USCIS on Form I-129.
The process to apply for TN Visa for citizens of Mexico is:
- Submit documents along with Ds-160 to US Consulate
- Attend an interview for TN Visa at the US Consulate
- Obtain TN Visa in passport and apply for admission at CBP
Documents required for TN Visa for Mexican citizens include:
- Proof of Mexican citizenship
- Job offer from employer describing the position offered, the applicant’s qualifications, pay rate and length of stay
- Copy of university degree, transcripts (if available) and título or cédula with SEP stamp
11. TN Visa Spouse and Children
With TN visa you can bring your spouse and unmarried children under the age of 21 to the United States. Your dependent spouse and children receive a TD Visa.
The spouse and children are not allowed to work while living in the United States with a TN Visa.
The spouse and children can attend school with a TN visa.
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.
12. How to Go from TN Visa to Green Card?
The TN visa does not automatically lead to a green card as it is the case with all other nonimmigrant visas.
Your options to go from TN visa to Green Card are:
- Employer-sponsored EB-2 and EB-3 green card
- EB-1
- EB-2 NIW
- EB-5 Investor Visa
- Family-sponsored green card
13. 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 meet 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 Visa for USA and other visa options available to you.
Malescu Law P.A. – Business Immigration Lawyers