The TN Visa category is available exclusively to Canadian and Mexican citizens, created under the North American Free Trade Agreement (NAFTA)/ US Mexico Canada Agreement (USMCA), which established special economic and trade relationships between the U.S., Canada, and Mexico. The TN visa allows professionals from these countries to work in the U.S. in certain approved occupations.

Eligibility Criteria for TN Visa

To qualify for a TN visa, the applicant must meet the following criteria:

• Must be a citizen of Canada or Mexico.

• The job offer or profession must be listed in the NAFTA job list, which includes professions like accountants, engineers, lawyers, pharmacists, and scientists, among others.

• The position in the U.S. requires a NAFTA professional, as listed in the NAFTA appendix.

• The applicant must be employed in a prearranged full-time or part-time position with a U.S. employer (self-employment is not allowed under the TN visa).

• The applicant must have the necessary education and qualifications to meet the requirements of the specific profession, such as a professional degree or relevant work experience.

One advantage of the TN visa is that there are no annual quota limits, meaning an unlimited number of TN visas can be issued each fiscal year.

However, unlike the H-1B visa, the TN visa is not a dual intent visa, meaning applicants must demonstrate a temporary intent to stay in the U.S. They must clearly show that their stay will be limited and that they do not intend to immigrate permanently.

TN Visa Duration

• TN visas are typically issued for up to three years, with the option to renew the visa for additional three-year periods indefinitely, provided the applicant maintains the same professional occupation and qualifications.

• Canadian citizens can request a TN visa at a U.S. port of entry, where they can receive approval on the spot.

• Mexican citizens are required to obtain a TN visa at a U.S. Consulate or Embassy abroad, where they must undergo a visa interview.

Application Process

To apply for a TN visa, applicants need to provide:

• Proof of Canadian or Mexican citizenship (passport).

• Educational degrees and employment records proving qualifications for the professional job category listed under NAFTA.

• A support letter from the U.S. employer that provides details on the job offer, including the job title, duties, and qualifications.

• Payment of the required visa fees.

Canadian citizens can apply for TN status directly at a U.S. port of entry (border or airport), while Mexican citizens must apply at a U.S. consulate or embassy abroad.

Change of Status and Employment

TN visa holders are also allowed to request a change of status to TN from within the U.S. if they are already in the country under a different visa classification. Additionally, TN visa holders can switch employers by obtaining new TN status through their new employer. However, TN visas do not have the portability feature like other visa types, so a new employer’s petition must be approved before the applicant can start the new job.

Employers can file a petition with USCIS, or applicants can apply for new TN status at a port of entry or at a U.S. embassy after leaving the U.S.

Why Choose Sharma Law Associates for TN Visa Services?

At Sharma Law Associates, we offer comprehensive support for both employers and applicants seeking TN visas. We thoroughly assess the job requirements and the applicant’s qualifications to ensure compliance with NAFTA’s TN visa requirements. Our services include:

• Detailed assessment of the applicant’s eligibility based on NAFTA's listed professions.

• Assistance in gathering necessary documentation, such as degrees, employment records, and support letters.

• Filing of TN visa applications with USCIS or providing guidance for applications at ports of entry or U.S. consulates.

• Support for TN visa renewals, changes of employment, and any complications that may arise during the process.

Frequently Asked Questions (FAQs)