What is TN Visa and who Qulifies?
TN is a non-immigrant visa specifically for qualified Canadian and Mexican citizens who wish to engage in business activities in the United States. To qualify for a TN visa, the applicant must prove they: 1) are a citizen of Canada or Mexico; 2) have temporary work in a qualified professional occupation; and 3) meet all educational and licensing requirements of the profession.
Qualified professional occupations for the purpose of the TN visa is found in NAFTA Chapter 16, Annex 103, Appendix 1602.d.1.
For the purpose of a TN visa can be found on a pre-approved list of occupations in NAFTA Chapter 16, Annex 103, Appendix 1602.d.1.
Some of the occupations include: lawyer, research physician, accountant, architect, dentist, college professor, systems analyst, engineer, and graphic designer. There are over 60 qualified occupations.
“Temporary” for the purpose of TN visa means that the job has a predictable end date, after which, the applicant intends to return to their home country.
The educational requirements for the qualified occupations can also be found in NAFTA Chapter 16, Annex 103, Appendix 1602.d.1. Most of the occupations require a bachelor’s degree, or a combination of diploma and relevant work experience.
Documents necessary to prove applicant’s eligibility for TN status include but are not limited to:
- Copy of Mexican or Canadian passport
- Degrees and transcripts
- Experience letters from past employers
- Professional licenses
- Support letter from prospective employer
Canadian citizens do not have to apply for TN visa at a consulate but may seek admission under TN status at certain ports of entry or designated inspection centers. Citizens of Mexico must apply for TN visa at a U.S. embassy or consulate.
TN visa could be an option if the applicant works in a profession that may not qualify for H-1B. Although there is no limit on the number of extensions to the TN visa, this visa is not considered dual intent. A pending immigrant visa petition could impede TN application/renewal. Applicants wishing to obtain a green card should take this into consideration.
An experienced immigration attorney will be able to document and compile an application that effectively proves the applicant’s job is both temporary and legitimate. A key to maximizing the chance of a favorable outcome is the attorney’s familiarity with the documents that immigration authorities expect to receive as part of a strong application.
To discuss TN visa petitions and other types of employment based petitions with an experienced immigration attorney from the American Visa Law Group, feel free click the contact us tab and fill out the inquiry form or call us at 510-500-1155.