The North American Free Trade Agreement (NAFTA) is a treaty between the three major North American countries —the United States, Mexico, and Canada — giving legal visa status to qualified professionals temporarily working in another North American country.
The TN Nonimmigrant visa was created in the United States for non-immigration-seeking professionals to complete business-related purposes. To be a qualified applicant, recipients must meet all rules and regulations required by NAFTA.
Once granted a TN visa, the applicant can stay in the United States for up to three years before filing for an extension.
Walking through immigration processes can be confusing and frustrating, especially one that has narrow purposes, like the TN visa. At Singh Ahluwalia Attorneys at Law, our California TN visa lawyers have years of combined experience assisting Mexican and Canadian working professionals in obtaining a TN visa.
We will provide a confidential and no-obligation case review to discuss the strategies available for attaining your possible TN Nonimmigrant Visa or any other documents that can help you achieve your goals in the U.S.
Call (559) 878-4958 or contact us online to schedule your appointment today.
How Can a California TN Visa Attorney Help?
If you are seeking a TN visa, working with a TN Visa attorney will help you navigate the rules and regulations involved. NAFTA created the criteria that applicants must follow to qualify, with special requirements depending on which country they are a citizen of.
To start, recipients of this visa status must be experienced professionals in specified fields. They can belong to any of the following industries:
- Accounting
- Engineering
- Lawyer
- Pharmacists
- Scientists
- Educators
Other specialized skill-based positions may provide eligibility, subject to approval. NAFSA prepared a complete list of professions that qualify for a TN visa.
Apart from qualifying under an approved professional industry, all applicants must also meet the following criteria:
- Be a citizen of Canada or Mexico
- Be a qualified professional based on regulations dictated by the NAFTA treaty
- Apply for a position in the U.S. that requires a NAFTA professional
- Must have this employment arranged before applying; cannot be self-employment
- Arranged employment must be full-time or part-time with a U.S. employer
- Must meet the requirements to perform the role
Are There Different Requirements Between Canadian and Mexican Professionals?
All countries in the North American continent signed the NAFTA agreement. However, each country’s citizens have different requirements to receive a TN visa status in the U.S. A TN visa lawyer can help walk you through this process.
Mexican Applicants
Applicants from Mexico must apply and obtain a TN visa before legally entering the United States. Applications can be acquired and submitted directly through a U.S. embassy or United States Consulate in Mexico.
Mexican applicants must provide the following documents to the U.S. embassy or consulate to begin the application process:
- Form DS-160 — Submitted online to the U.S. Department of State
- One passport-style photograph — Submitted with Form DS-160
- A valid employment contract or letter of employment from a United States employer
- Any proof of professional qualifications, including transcripts, licenses, certificates, degrees, and prior records of previous employment
- A valid Mexican passport with at least six months remaining before a required renewal
- Any additional proof needed to show that the applicant meets the TN visa requirements
- Payment of any applicable fees
Applicants will also be subject to an interviewing process, to which they need to be able to attend all interview appointments and pay the visa application processing fee. Once the visa is approved, the applicant can apply for admission to a U.S. port of entry, where they will report when they need to enter the country.
Canadian Applicants
The process for Canadian applicants seeking a TN visa differs from that of Mexican applicants. NAFTA does not require Canadians to have a visa to enter the United States for many purposes; however, if the applicant comes to work in the States, they will require a TN visa.
Canadian applicants apply for their TN visa when deciding when to come to the United States. They will present their documentation to the United States Customs and Border Protection at the airport or the border. In order to do so, they must present:
- A request for admission to the United States under a TN visa status
- A valid employment contract or letter of employment from a United States employer
- Any proof of professional qualifications, including transcripts, licenses, certificates, degrees, and prior records of previous employment
- A valid Canadian passport
- Any additional proof needed to show that the applicant meets the TN visa requirements
- Payment of any applicable fees
Alternatively, a U.S. employer can file an I-129 application for their prospective Canadian employee. Employers will stand as the petitioner for their nonimmigrant employees. This form can also be used to file for extensions or to change their employee’s visa status.
Can You Extend Your TN Visa?
The U.S. Customs and Border Protection states that a TN visa will last up to three years. However, if the visa holder realizes a term longer than three years is needed, they can apply for a TN extension.
Any extensions should be filed while the applicant is still in the United States.
U.S. Customs and Border Protection asks that applicants take extra care when submitting their applications. Submitting an application with errors can lead to denying the applicant’s extension, a delay, or losing any previously paid fees.
The application for a TN extension is called the I-539 and is submitted online with an application fee.
TN visa extension applicants should work with an experienced TN visa attorney, as some applicants may find the extension process difficult to manage alone.
Can a TN Visa Holder Bring Family to the U.S.?
TN visa holders can bring their spouse and unmarried children under 21 to the U.S. under a Trade Dependent (TD) visa status. Similar to the application requirements for TN visa holders, requirements to receive a TD visa will differ depending on the country of origin.
Working with a TN visa attorney can help guide you and your dependents through this process.
A TD visa status is tied to a TN visa and remains valid as long as the TN visa remains active. TD visa holders cannot work in the United States but can study during their stay.
Like the TN visa, the process for obtaining a TD visa differs depending on the country of origin:
- Mexican TN visa dependents — A Mexican spouse or child must apply for a TD visa status before coming to the United States. In addition, applicants must be able to show proof of Mexican citizenship and relationship to the TN visa applicant. This can be done by providing a birth certificate or marriage license (whichever applies). A copy of the TN application will also be needed to enter the United States.
- Canadian TN visa dependents — Canadian spouses and dependents do not require a TD visa. However, they must be able to show proof of Canadian citizenship and relationship to the TN visa applicant. This can be done by providing a birth certificate or marriage license—whichever applies. Similarly to Mexican applicants, they must provide a copy of the TN application before entering the U.S.
TD Visa Extension
Spouses and dependents of a TN visa holder can file for a TD extension at the same time as a TN holder. By filing a TD extension simultaneously as a TN visa holder, they can stay so long as the TN visa extension is accepted.
Work Experienced California TN Visa Lawyers
Obtaining a TN visa opens the door for neighboring North American countries to bring their talent to the U.S. Singh Ahluwalia Attorneys at Law has highly knowledgeable lawyers on staff with years of combined experience assisting individuals in visiting or immigrating to the United States.
We can provide you with an attorney to not only guide you through the process to attain a TN visa but also to ensure that you are able to remain compliant and in line with your goals when you come to work in the States.
Call (559) 878-4958 or contact us online today to schedule a no-obligation consultation over the phone or in person at our local office. We speak English, Spanish, Punjabi, and Hindi and are here to help.
