TN

Visas for Professionals from Mexico or Canada

There is an advantage to being a citizen of Mexico or Canada when you need to attain a visa to live and work in the United States. The TN visa allows an easier path for Canadians and Mexican citizens that possess the required experience and education.

The United States-Mexico-Canada Agreement (USMCA), replacing the North American Free Trade Agreement (NAFTA), supports a special economic and trade relationships between the United States, Canada and Mexico.  The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

WHAT JOBS QUALIFY TO BE CONSIDERED PROFESSIONAL?

These are just examples as many other professions qualify as well. Among the types of professionals who are eligible to seek admission as TN nonimmigrants are:

  • Accountants

  • Engineers

  • Lawyers

  • Pharmacists

  • Scientists

  • Teachers

HERE ARE A FEW IMPORTANT FACTS TO KNOW ABOUT THE TN VISA:

  • This is a non-immigrant (meaning temporary) status, but there is no limit to the numbers of times it can be renewed.

  • This visa does not lead to permanent residence (a green card).

  • For individuals outside of the U.S., Canadians can obtain this status at a Port of Entry, while Mexican nationals do require a consular appointment to obtain a visa.

  • For individuals inside the U.S., it may not be necessary to leave the country in order to obtain TN status.

  • This visa does require an employer sponsor.

HOW LONG CAN I STAY IN THE U.S. ON A TN VISA?

Up to 3 years!

CAN I APPLY FOR AN EXTENSION OF A TN VISA?

Yes! Usually the U.S. Immigration will grant 3 year extensions.

CAN MY SPOUSE AND KIDS COME WITH ME ON MY TN VISA?

Yes. Your children under the age of 21 and your spouse may be eligible to accompany you with nonimmigrant status.

CAN MY SPOUSE AND KIDS WORK IN THE U.S.?

No, dependents may not be employed or receive compensation from any U.S. entity.

CAN MY DEPENDENTS ATTEND SCHOOL?

Yes, you dependents may enroll in either part-time or full-time school.

WHAT ARE THE ELIGIBILITY REQUIREMENTS FOR A TN VISA?

A candidate may be eligible for TN nonimmigrant status, if:

  • S/he is a citizen of Canada or Mexico;

  • His/her profession qualifies under the regulations;

  • The position in the United States requires a NAFTA (now USMCA) professional;

  • S/he has a prearranged full-time or part-time job with a U.S. employer (but not self-employment ); and

  • S/he has the qualifications to practice in the profession in question.

WHAT ARE THE differences between mexican tns and canadian tns?

The process that Mexican nationals go through to obtain a TN is slightly more burdensome than the Canadian process.  Canadians (with a few exceptions) do not require visas in order to enter the United States.  This means that they don’t need to set up consular appointments to first obtain TN visas before requesting admission to the U.S.  They can simply make their TN request at a port-of-entry.  A port-of-entry might be an airport, or it might be a U.S./Canada land border accessible by car.  In contrast, Mexican nationals must have a TN visa stamped in their passport before they can make their request to enter in TN status.  Additionally, although the TN can be granted for a three year period, Mexican visas are typically limited to a one-year time period. 

what is the full list of eligible professionals?

The full list of TN professionals can be found here: https://www.nafsa.org/_/file/_/amresource/8cfr2146.htm  This list has not been updated in decades, so it fails to capture many more ‘modern’ software development type roles, unfortunately. 

HIRING A SPECIAL FOREIGN NATIONAL NOT FROM MEXICO OR CANADA?

There are other visa options to consider when hiring someone special from outside the U.S., Mexico, or Canada. We have an online checklist of questions that can help you discover more options that better match with your situation. If you need to hire a special foreign talent, please read this article and give us a call.

 

Do You Need a TN Visa Lawyer?

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Rebecca Freeman is a highly experienced TN Visa Lawyer in San Francisco. The Bay Area is where the best talent from around the world prefers to apply for work and immigration for citizenship and we have helped with hundreds of these cases. Let our experience guide you through finding the right option for a visa and making sure you are presenting your case in the strongest way. Contact us to talk about your case.