Speak with An Experienced TN Visa Lawyer

The North American Free Trade Agreement (NAFTA) created a special economic relationship between the United States, Mexico, and Canada. It provided expansive business opportunities and opened the door to new visa pathways for workers looking to enter and work in the United States. The TN visa is specific to this category of immigration. 

The TN visa is a non-immigrant work visa category that allows Canadian and Mexican citizens to work in the United States temporarily, provided they meet certain requirements. TN visa holders can work in a range of professions, including but not limited to accounting, engineering, law, medicine, and teaching. The TN visa is valid for up to three years, with the possibility of extension, and can be obtained either at the US border or through a US consulate in Canada or Mexico.

To obtain a TN visa, a significant amount of evidence must be gathered to support the application, and multiple forms must be completed with precision and credibility. The success of the TN visa application hinges on the accuracy, completeness, and persuasiveness of the evidence presented. Collaborating with a seasoned TN visa Lawyer from George & Marzialo, PLLC, can assist you in navigating the process, alleviating anxiety and uncertainty, and expediting the procedure.

Who Qualifies for a TN Visa? 

Based on the economic and trade relationships established through NAFTA, the United States Immigration and Citizenship Services (USCIS) details that qualified Mexican and Canadian citizens may pursue TN nonimmigrant classification through the TN visa, which allows qualified citizens to enter the U.S. temporarily to engage in professional-level business. 

Certain professionals are eligible to seek TN nonimmigrant status, including, but not limited to:

• Lawyers 
• Pharmacists
• Teachers 
• Engineers
• Accountants

An experienced TN visa lawyer will know what the assessors are looking for and can help you navigate the paperwork and prepare for any required interviews. 

TN Visa Requirements 

Persons working in eligible professions applying for the TN visa must meet the following eligibility requirements: 

• They must be a citizen of Mexico or Canada
• The profession they engage in must qualify under the regulations
• The U.S. position must require a NAFTA professional 
• They must have pre-arranged a full- or part-time job with a U.S. employer before entering the U.S. (self-employment does not count)
• They must possess the qualifications necessary to practice in the relevant profession

Proof that an applicant meets these requirements must be provided with the application. However, knowing what to include, and how to demonstrate the proper level of professionalism, accomplishments, and repute can be difficult. This is where working with a TN visa lawyer from George & Marzialo is of particular value, as our firm has Lawyers that are from a variety of nations. We’ve been there, and we can apply our experience and legal expertise to help our clients reach their U.S. employment goals through a TN visa. 

The Eligibility Criteria for a TN Visa 

It is important to understand the eligibility criteria, and even the process itself, will vary depending on how NAFTA rules apply to a certain application. Canadian citizens and Mexican citizens face different pathways to the TN visa, as discussed below. 

Canadian Citizens 

Canadian citizens are often eligible for admission into the U.S. as nonimmigrants without the need for a visa. Canadian citizens need not apply for a TN visa at a U.S. consulate. Instead, Canadians can establish eligibility for TN classification at the time they seek admission into the United States. This is accomplished by presenting the required documentation to a U.S. Customs and Border Protection (CBP) officer at specified CBP-designated U.S. ports of entry, or a designated pre-clearance/pre-flight inspection station. 

The following documents must be provided to the CBP officer:

• Proof of Canadian citizenship 
• A letter from the prospective employer detailing specific information about the professional capacity the applicant is seeking to provide in the U.S., in addition to the duration and purpose of the employment, and the applicant’s educational qualifications
• An evaluation of credentials (may not be required)
• Payment of applicable fees 

A potential TN employer could alternatively file on behalf of an employee or applicant that they are outside the U.S. by submitting Form I-129, a petition for nonimmigrant workers, to the USCIS. There are premium processing options available that can help to expedite an application that a TN visa lawyer can discuss during an initial consultation. If this Form I-129 is approved, an applicant can then enter the U.S. at CBP-designated areas or pre-clearance/pre-flight inspection stations with simple proof of their Canadian citizenship and an approval notice from USCIS on their Form I-129. 

Mexican Citizens

Alternatively, Mexican citizens do generally require a visa to enter the U.S. under nonimmigrant status. The TN visa falls under the “nonimmigrant classification,” which the USCIS explains “simply reflects this general exemption from the visa requirement.” If you are a Mexican citizen, you’ll apply directly at a U.S. embassy or consulate in Mexico. Upon approval for your TN visa, you’ll apply for admission at CBP-designated ports of entry or designated pre-clearance/pre-flight inspection stations. 

The CBP interview is especially important for Mexican workers seeking out TN visas. If you are found eligible by the reviewing CBP officer, then you will be admitted into the U.S. as a TN nonimmigrant. Your work with a TN visa lawyer from George & Marzialo includes interview coaching so you will know what kind of questions to expect and what kinds of answers the CBP interviewer is looking for to approve your application. 

The Periods of Stay, Extensions, and Limitations of a TN Visa 

The initial period of stay with a TN visa is up to three years. Should a professional wish to remain in the U.S. without first departing from the U.S., they are required to seek out an extension for their stay. If they are already in the U.S., then their employer can file Form I-129 on their behalf. 

Should the professional depart from the U.S. before the date their TN nonimmigrant status expires, they may apply again when they are abroad and at a CBP-designated U.S. port of entry. They may use the same application and documentation that was required at the time of their initial application for TN nonimmigrant admission. This means that if an applicant puts together their paperwork and application effectively the first time, they may reuse it to renew for three additional years if they departed before their initial three-year period expired. 

TN Visa Benefits for Dependents

A spouse and qualified dependents may accompany a TN visa applicant to the U.S. They may also join later through the option of “following to join.” A spouse and children under the age of 21 may be eligible for TD nonimmigrant status. When an applicant’s spouse and children take advantage of TN nonimmigrant status, it is important to know: 

• They will not be permitted to work in the United States 
• They are permitted to study 
• The TD status that is granted will be no longer than the period that the applicant is granted through their principal TN visa 

For Canadian citizens, no visa is required for this option, although proof of Canadian citizenship and their relationship to the TN immigrant is required. Mexican citizens must apply for a TD nonimmigrant visa at either an American consulate or embassy. A Mexican spouse or child under 21 must also provide proof that the TN nonimmigrant is maintaining their TN nonimmigrant status. 

It can be challenging to decide what information to incorporate in your TN or TD nonimmigrant status application. The type of evidence needed by the assessors for document review and interview purposes may vary. To maximize your chances of obtaining approval for your application, it is recommended that you submit the strongest possible application and supporting evidence from the outset. Collaborating with a TN visa lawyer guarantees that your application is tailored to your specific situation and is as compelling as possible.

Your TN Visa Lawyer from George & Marzialo is Current on Statutory Changes

Statutes and laws are constantly changing, and we prioritize remaining informed about these changes. Your TN visa is rooted in NAFTA. The US International Trade Administration oversees NAFTA, which as of July 2020, was replaced with the U.S.-Mexico-Canada Agreement (USMCA). NAFTA was established in 1994 to create a free trade zone for Mexico, Canada, and the United States, and it has served as one of the most important bilateral commercial relationships in the United States history. All tariffs and quotas were eliminated in 2008 on U.S. exports to Canada and Mexico. 

The business opportunities created by NAFTA continue into the modern environment, and your TN visa lawyer from George & Marzialo will ensure that your application addresses the current requirements so that your approval is best supported. We stay on top of new developments and any political conversations that may impact the current structure of the immigration process.

Discuss Your Situation with a TN Visa Lawyer

Getting in touch with a TN visa lawyer at the start of the application process will help you collect the evidence you need to move through the process as quickly as possible. Contact George & Marzialo now to get the process started.