At Naya Immigration, we are here to ensure your journey to the U.S. is smooth. The TN visa, a product of the North American Free Trade Agreement (NAFTA), offers a unique opportunity for Canadian and Mexican citizens engaged in professional occupations to work in the United States. At Naya Immigration, we specialize in guiding professionals through the intricacies of the TN visa application process. As you may have heard, it can be a complicated process to deal with U.S. Citizen and Immigration Services (USCIS). We are here to help you navigate that.
NAFTA, which was implemented in 1994, was a landmark trade pact that established a free-trade zone between the United States, Canada, and Mexico. Its primary aim was to eliminate barriers to trade and investment across North America, fostering increased economic integration and cooperation among these three nations. By reducing or abolishing tariffs, NAFTA sought to encourage a more competitive and efficient marketplace. NAFTA was replaced by the United States-Mexico-Canada Agreement (USMCA) in 2020.
The TN (Trade NAFTA) visa emerged as a direct outcome of this agreement, created specifically to allow Canadian and Mexican citizens to work in the United States in prearranged business activities at a professional level.
Whether you’re wondering if your profession qualifies you, what documentation you need to qualify, or how to get started, we can help. Call Naya Immigration today.
TN Visa Requirements
The TN visa is designed for Canadian and Mexican citizens who wish to engage in professional activities in the U.S. To qualify, you must meet the following criteria:
- Citizenship of Canada or Mexico: Depending on which country you are from, your process will be different. It’s usually easier for Canadians to apply.
- Employment in a profession recognized under NAFTA regulations: If you’re wondering if your job qualifies you, take a look at the regulations: 8 § C.F.R. 214.6. You’ll notice that the jobs are professional roles that usually require an advanced degree.
- A prearranged job with a U.S. employer: This usually doesn’t cover self-employment.
- Relevant qualifications for the professional role.
If you look through these requirements, you’ll find that they aren’t always cut-and-dry. For example, you may have a job that you think fits under the recognized professions, but doesn’t have the exact title listed in the regulations. Or, you might not be sure if you have the relevant qualifications. Seek professional advice from our experienced attorneys.
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Qualifying Professions
The TN visa, established under the North American Free Trade Agreement (NAFTA), offers a unique pathway for Canadian and Mexican professionals to engage in employment in the United States. This visa category encompasses a wide range of professions, each with specific educational and experience requirements.
Designed to facilitate economic and trade relations between NAFTA countries, the TN visa is tailored for individuals who possess the skills and expertise in various professional fields. The eligibility for this visa is based on the applicant’s qualifications and the nature of the proposed employment in the U.S.
Professions usually covered by the TN visa include, but are not limited to:
- Accountants
- Engineers
- Lawyers
- Pharmacists
- Scientists
- Teachers
- Architects
- Computer Systems Analysts
- Economists
- Graphic Designers
- Hotel Managers
- Industrial Designers
- Interior Designers
- Land Surveyors
- Mathematicians
- Nutritionists
- Occupational Therapists
- Urban Planners
- Vets
This list is a representation of the diverse range of professions that can be considered for a TN visa, illustrating the broad scope of opportunities it offers for North American professionals.
Canadian TN-1 Visa
For Canadian citizens, the TN-1 visa offers a streamlined process. Unlike Mexican citizens, Canadians are generally exempt from the visa requirement but must prove their eligibility at the point of entry into the United States. Here’s what Canadian professionals need to do once they confirm that they meet all of the eligibility qualifications:
- Present proof of Canadian citizenship.
- Provide a letter from your U.S. employer detailing your role, purpose of employment, duration, and qualifications.
- If applicable, include a credentials evaluation and any relevant fees.
- Alternatively, employers can file Form I-129 on behalf of the Canadian professional. If approved, the worker can then apply for admission as a TN nonimmigrant.
Mexico TN-2 Visa
Mexican professionals must obtain a TN-2 visa to enter the U.S. This process involves:
- Applying for the TN visa at a U.S. embassy or consulate in Mexico.
- Upon approval, applying for admission at designated U.S. entry points with proof of Mexican citizenship and visa.
- The same documentation and process for initial application are required for re-entry after travel abroad.
Premium Processing for TN Visa
Both Canadian and Mexican professionals can benefit from the Premium Processing Service for the TN visa. This service expedites the review of Form I-129, filed by the employer, ensuring faster processing times. Premium Processing is an invaluable option for professionals looking to start their U.S. employment without delay. However, this option usually costs more.
How Much Does a TN Visa Cost?
Generally, the TN visa is considered more affordable compared to some other nonimmigrant visa categories. However, the cost of obtaining a TN visa varies depending on the specific route and requirements of the application.
For those applying directly at a U.S. consulate or port of entry, the primary fee is for submitting Form DS-160. However, there may be additional fees based on the reciprocal arrangements between the United States and the applicant’s home country. The fee will usually be higher for Canadian citizens opting for the employer petition route using Form I-129 (Petition for a Nonimmigrant Worker). It’s important to note that this form is not a mandatory requirement for Canadian citizens seeking a TN visa at a U.S. Consulate, but it presents an alternative pathway.
For TN visas, there is an option to apply for premium processing, which is where you pay more. money to have your application processed more quickly. The fee is usually substantially higher. This premium service significantly reduces the processing time, which can be crucial for some applicants. It’s also worth noting that the cost for premium processing can vary for different types of visas, so it’s advisable to consult with an immigration lawyer for specific details related to your case.
FAQs
A TN visa is a special nonimmigrant classification under the North American Free Trade Agreement (NAFTA), allowing Canadian and Mexican citizens to work in the United States in certain professional roles. It is designed for those who have pFor Canadians (TN-1), the process involves either applying at a U.S. port of entry with necessary documents or having an employer file Form I-129. For Mexicans (TN-2), it requires obtaining a visa at a U.S. embassy or consulate in Mexico and then applying for admission at a U.S. entry point.rearranged employment in eligible professions.
For Canadians (TN-1), the process involves either applying at a U.S. port of entry with necessary documents or having an employer file Form I-129. For Mexicans (TN-2), it requires obtaining a visa at a U.S. embassy or consulate in Mexico and then applying for admission at a U.S. entry point.
The TN visa offers several benefits, including a relatively quick and straightforward application process, the ability to renew indefinitely, and the opportunity for professionals to work in the U.S. in their field of expertise without the need for a sponsorship as required in other visa categories.
TN visa holders are not permitted to engage in self-employment in the U.S. Their visa status is tied to their employment with a specific U.S. employer in a professional role defined under NAFTA, and starting a business would not comply with these conditions.
The Importance of Legal Guidance
Navigating the TN visa process can be complex, with various documentation and eligibility requirements. This is where the expertise of Naya Immigration becomes invaluable. Our legal team, well-versed in NAFTA-related immigration laws, provides personalized guidance to ensure your application is accurate, complete, and compliant with all regulations.
Disclaimer
The information on this website is for general information purposes only and does not constitute solicitation or provision of legal advice. Viewing information on this website and/or contacting Naya Law Group, PC does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice for any individual case or situation from an attorney licensed or authorized to practice in your jurisdiction.
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