Are you wondering whether you qualify for a TN Visa? Canadian and Mexican citizens with a job offer in the United States may be eligible to apply for a TN visa, which would allow them legal entry into the United States to work and live. We’ll explain all the requirements and information regarding this particular visa category that permanent residents of Canada and Mexico need to know.
BOARD-CERTIFIED IMMIGRATION ATTORNEY: ALFREDO LOZANO OF LOZANO LAW FIRM
At Lozano Law Firm, we provide immigration solutions for individuals, families, and corporations and serve the communities of San Antonio, Eagle Pass, Laredo and San Angelo, Texas. Our founder, Alfredo Lozano, is a board-certified specialist in immigration and nationality law, awarded by the Texas Board of Legal Specialization.
As a first-generation American himself, Alfredo Lozano is proud to represent immigrants from all walks of life. Our firm has extensive experience helping individuals, families, and corporations apply for an immigrant Visa, including the TN Visa. Call us today at (210) 899-2290 to schedule your case consultation.
WHAT IS THE TN NON-IMMIGRANT CLASSIFICATION?
The TN non-immigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. However, their job must be on the list of acceptable North American Free Trade Agreement (NAFTA) professions. Unfortunately, people with self-employment aren’t eligible.
NAFTA allows citizens of Mexico and Canada to create special economic and trade relationships with the United States. Upon approval, they can obtain temporary employment from the United States or foreign employers.
WHAT ARE THE TN VISA ELIGIBILITY REQUIREMENTS FOR MEXICAN & CANADIAN CITIZENS?
The TN Visa has specific eligibility criteria, just like any other non-immigrant Visa application for immigrants living in a foreign country. TN Visa requirements include:
A job offer (full- or part-time) in the United States that falls under the list of acceptable NAFTA professions
Verification of legal Canadian or Mexican citizenship (i.e., a stamped passport)
Educational qualifications to practice your profession (i.e., a Bachelor’s or Master’s degree)
WHAT IS A TD NON-IMMIGRANT VISA?
Canadian and Mexican citizens with families who go through the TN Visa process and receive an approval notice may bring their spouse and any unmarried children (under age 21) into the United States under the TD Visa.
A NAFTA professional can apply for their immediate family to have TD non-immigrant status, which allows them to live in the United States, but they may not work. To work, they must apply for a different employment Visa.
THE APPLICATION PROCESS FOR TN VISAS
The application process for TN non-immigrant status varies. For example, a Canadian citizen must follow a different application process than a Mexican citizen.
Mexican professionals must submit their TN Visa application at a United States embassy or consulate. In addition, they’ll need to attend an interview and fill out Form DS-160. After they receive a Visa number, they’ll need to head to a United States port of entry to cross the border.
If you have Canadian citizenship, you have two different options. Instead of going to the United States embassy or consulate, you’ll need to apply for TN classification at a United States Customs and Border Protection port of entry when entering the country. Or, you can have your employer submit your application, employment letter, and Form I-129 to the United States Citizenship and Immigration Services (USCIS). Upon approval, you can enter the United States legally.
WHAT IS THE AVERAGE TN VISA PROCESSING TIME?
The average processing time for TN Visas varies depending on the application method. For example, some may obtain their TN Visa the same day they apply; others may have to wait weeks or months to become a nonimmigrant NAFTA professional.
If you’re applying to be a TN Visa holder at a port of entry, plan on waiting anywhere from two weeks to three months. Your next option is standard processing with the USCIS, which takes anywhere from six to eight months. Finally, premium processing with the USCIS usually takes 45 days to three months.
HOW LONG CAN TN VISA HOLDERS WORK IN THE UNITED STATES?
As a non-immigrant worker with TN status approval, you have an initial period of three years to work and live in the United States. If you want to stay longer, your employer must file Form I-129 on your behalf requesting an extension.
If your TN status expires or you lose your job, you get a 60-day grace period. During those two months, you can’t work. You can only:
Look for a new job
File an extension of stay
File for another TN Visa
Wrap up your affairs and return to your home country
PROFESSIONAL IMMIGRATION LAWYER NEAR ME: LOZANO LAW FIRM
At Lozano Law Firm, we work hard to help families and corporations through the immigration maze.™ Our office has extensive experience assisting NAFTA applicants for Visas from Mexico and Canada to get answers to their questions and to assist them with the process of gathering and submitting information. We’re here for you if you’d like help with the NAFTA TN Visa application process or any of the questions that might come up as the application is in review.
Alfredo Lozano, a board-certified immigration attorney in good standing licensed to practice U.S. immigration law, can help you navigate the confusing paperwork with expertise, dedication, and an individual approach. Fill out our contact form or call us at (210) 899-2290 to get started.
Lozano Law Firm
5718 University Heights Blvd #104
San Antonio, TX 78249
(210) 899-2290
