TN Visa WHO'S ELIGIBLE?

The TN visa or Treaty National visa is the professional visa that exists for Canadian and Mexican professionals pursuant to the North American Free Trade Agreement (NAFTA). This category is somewhat similar to the H-1B and L in that it is for professionals. However, there is no statutory limitation on the amount of time that one can stay in the U.S. in TN status. In addition, the TN applicant is not supposed to have any immigrant intent, so dual intent doesn’t apply to this category.

REQUIREMENTS

Since the requirements of a TN visa for Mexicans are closely related to the H-1B visa, this section will discuss the TN visa as it applies to Canadians.

To qualify for TN status, the intended activity must be in a profession listed on Schedule 2 of NAFTA, and the Canadian professional must meet the requirements necessary to be considered to be a professional listed on Schedule 2 (for your convenience, Schedule 2 is listed at the bottom of the page). The list of acceptable TN professions is somewhat limited. As such, not all professionals will be able to take advantage of the TN as an option for working in the U.S.

In terms of working in the U.S., the TN classification is now valid for up to three (3) years and it may be renewed in one year increments thereafter. As mentioned above, there is no limit on the total period of stay for TN professionals. Those Canadian (and Mexican) professionals who do reach the maximum allotted period of stay on the H-1B visas and L-1 visas have the opportunity to change to the TN status.

Unlike most other types of visas, a TN applicant can apply for approval of the petition at the major Canadian airports, border crossing stations and U.S. ports of entry. There is no need to process the petition with the USCIS service centers; again, this often can prove to be a huge benefit for both the employer and employee. In practice, this means that a Canadian professional who is hired by a corporation located in the U.S. could process in just one day once the petition is prepared and in-hand!!! Unfortunately, for Mexican nationals this process option is not available as the process parallels obtaining an H-1B visa approval.

Listing of Schedule 2 Professionals and Additional TN Information

QUESTIONS

If you have any questions concerning this visa or require our assistance, please contact our office at info@szelaw.com


From Our Clients

“We want to thank you for the great job and the all the help that you have provided us.  We tried doing it ourselves but the Immigration just keeps sending us letters that says that we are missing documents and other forms.  Our Immigration Attorney took the time and help us to fill out all the proper documents that we needed to speed up the process.  The Immigration processed and approved all our documentation in a short delay of time.  We are really grateful for all that you have done.”  - J. Anda
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