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The TN Visa allows qualified Canadian and Mexican professionals to work in the United States for a limited time. The “TN” stands for Trade NAFTA (North American Free Trade Agreement), the former agreement that created the Visa. The United States-Mexico-Canada Agreement, or USMCA, replaced NAFTA, but the TN non-immigrant classification remains.
This Visa provides work authorization in specific fields and allows travel within the country. It also offers potential pathways to permanent residency, fostering career advancement and collaboration within North America. Take the first step to grow your career in the United States and learn how an immigration attorney helps achieve this.
Board-Certified Immigration Attorney: Alfredo Lozano Of Lozano Law Firm
Alfredo Lozano is at the helm of the law firm. The founder is a board-certified specialist in immigration and nationality law, awarded by the Texas Board of Legal Specialization. As a first-generation American, Alfredo is proud to represent immigrants from all walks of life.
The team at Lozano Law Firm helps individuals, families, and corporations navigate the often complex world of immigration. They understand the importance of clear information and guidance throughout the process. It involves exploring Visa options to achieve your broader immigration goals.
An attorney brings valuable experience and knowledge to every case. They are committed to finding personalized solutions that meet your needs. They listen carefully to your situation and work diligently to ensure you feel informed and supported throughout the journey.
Start your immigration journey. Contact Lozano Law Firm today to schedule a consultation and discuss your options.
What Are The TN Visa Eligibility Requirements?
The TN Non-Immigrant Classification allows qualified Mexican and Canadian citizens to work in the United States in pre-arranged business activities. However, their job must be on the list of acceptable professions under NAFTA.
The TN Visa presents an exciting opportunity for qualified professionals. Thus, understanding the intricacies of various professional categories and specific requirements is crucial. Here’s a breakdown of the essential eligibility criteria:
- Citizenship: You must be Canadian or Mexican.
- Profession: Your job must fall under the list of acceptable NAFTA professions. A few examples are engineering, accounting, science, and teaching.
- Qualifications: You must meet your profession’s education and/or experience requirements. This might involve holding a degree, having relevant work experience, or possessing particular licenses or certifications.
- Job Offer: Secure a pre-arranged full-time or part-time job offer from a U.S. employer. Self-employment isn’t permitted for this type of Visa.
- Temporary Intent: Demonstrate that your stay in the United States is temporary and intend to return to your home country once your Visa expires.
- Supporting Documents: Prepare to present documentation like your passport, proof of citizenship, educational transcripts, work credentials, and evidence of your job offer.
- Additional factors: While not explicitly stated, border officials may consider your criminal record and security background when you apply.
The Visa initially lasts up to three years, but your employer can help you renew it indefinitely. That is if you continue to meet the eligibility requirements. So, it’s vital to hire an immigration lawyer so they can advise you moving forward.
What Is The TD Non-Immigrant Visa?
The acronym “TD” stands for Trade Dependent. This Visa type facilitates entry into the United States for spouses and any unmarried children (under age 21) of individuals holding a TN Visa. However, it doesn’t permit employment within the country.
Those seeking jobs need a separate Work Visa. Notably, the status of the TD Visa holder depends on that of the one holding the TN Visa. If the NAFTA Visa is no longer valid, the TD Visa may also become invalid.
What Is The Application Process?
The TN non-immigrant status offers eligible Canadian and Mexican professionals a pathway to experience temporary work opportunities in the United States. However, understanding the application process is crucial before embarking on this adventure. The procedures vary depending on your nationality.
For example, a Canadian citizen must follow a different application process than a Mexican citizen.
For Canadian Citizens
If you have Canadian citizenship, you have two different options. You don’t have to go to the U.S. embassy or consulate. Instead, you can apply for TN classification at a United States Customs and Border Protection port of entry when entering the country. You must bring evidence of your citizenship and other supporting documents, like your job offer and proof of credentials.
The other option is to have your employer submit your application, employment letter, and Form I-129 to the USCIS. Upon approval, you can enter the United States legally through a port of entry with your approval notice and other supporting documents.
For Mexican Citizens
If you are a Mexican professional, you must submit a TN Visa application at a United States embassy or consulate. You must complete Form DS-160, or the Online Non-Immigrant Visa Application, and schedule an interview. After you receive a Visa number, you must go to a United States port of entry to cross the border.
Preparation is crucial for the interview when entering the United States. Make sure you have all the necessary documents ready and organized for inspection. Expect questions about your qualifications, job offer, and reasons for entry. Stay calm, answer honestly, and cooperate with the officials.
Most importantly, seek advice from Lozano Law Firm for personalized assistance. Its team can offer valuable guidance and support tailored to your situation, making the Visa application process smoother and less stressful.
What Is The Average Processing Time?
Processing timelines vary depending on the chosen application method. Grasping these variations empowers applicants to manage expectations throughout the journey. For example, Canadian citizens can apply directly at a U.S. port of entry. Meanwhile, Mexican citizens must obtain a TN Visa from a U.S. embassy or consulate.
These crucial factors affect the processing time. However, thorough documentation demonstrating your eligibility is vital regardless of nationality. It can significantly impact the waiting period as it can avoid any delays in the application. Additionally, the complexity of your case and how busy the port is are additional elements you must consider.
Standard processing times for filing with the U.S. Citizenship and Immigration Services (USCIS) range from six to eight months. However, if you need a quick decision, you can opt for USCIS premium processing. This expedited service usually yields results within 45 days to three months, significantly reducing the waiting period.
Processing times can differ based on specific circumstances and USCIS workload. Consulting an immigration lawyer can provide personalized guidance on how long your application might take. It’s essential to stay updated on current processing times through official USCIS channels.
How Long Can TN Visa Holders Work In The United States?
Upon the approval of a non-immigrant NAFTA professional Visa, workers gain an initial three-year period to reside and work in the United States. The sponsoring employer must submit Form I-129 requesting an extension of your TN status if the employee desires to remain in the country.
Remember that Visa expiration or job loss triggers a 60-day grace period. While you cannot work during this timeframe, you can utilize it for various purposes:
- Seek new employment: Search for and secure a new NAFTA-qualifying job offer.
- File for extension: Submit Form I-129 with your employer’s sponsorship to extend your existing status.
- Apply for another Visa: Explore alternative Visa options aligning with your circumstances and future goals.
- Conclude personal affairs: Organize belongings, settle financial matters, and prepare for returning to your home country.
Consulting an attorney can provide personalized guidance on exploring post-expiry options. Adhering to all regulations and deadlines, particularly during the grace period, is crucial to avoid legal complications.
Why Must You Seek Legal Guidance?
Embarking on this journey requires careful planning and familiarity with complex regulations. While informative resources are available, seeking personalized guidance from a qualified immigration lawyer can significantly increase your chances of success.
Your Legal Partner
Attorneys offer invaluable support throughout the application process. They start by carefully assessing your circumstances to determine if you meet the eligibility requirements. Their deep understanding of the procedures allows them to meticulously prepare necessary petitions and applications. Further, their competence ensures accuracy and helps avoid unnecessary delays.
Experienced attorneys also thoroughly review all supporting documentation, identifying potential issues and suggesting ways to strengthen your application. Finally, they can provide interview preparation to help you feel confident and well-informed, significantly increasing your chances of a successful outcome.
Trusted Legal Counsel
Lozano Law Firm is a valuable resource if you need legal representation for your Visa application. They are a respected immigration law firm with a track record of successfully guiding individuals through the Visa process. Their knowledge and experience can significantly strengthen your application and address potential challenges proactively.
Explore available resources and consider engaging a qualified immigration lawyer to navigate the Visa process confidently.
Summary
The TN Visa opens doors for qualified Canadian and Mexican professionals, empowering career advancement and cultural exchange. Navigating the process requires careful planning and understanding of specific requirements. Remember, consultation with an experienced attorney at Lozano Law Firm can maximize your chances of approval.
Contact them today to explore your options and confidently embark on your employment journey in the United States.
