TN Visa FAQ | Costs & Fees | Document Requirements Checklist

Our law firm regularly handles TN visa petitions. We provide this guide which goes over typically asked questions such as visa requirements and more.

What is a TN Visa and who Qualifies?

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The TN visa is a type of visa for citizens of Canada and Mexico that allows them to work in the United States in certain designated professions. The TN visa is part of the North American Free Trade Agreement (NAFTA), which allows for the free flow of goods, services, and people between the US, Canada, and Mexico.

To be eligible for a TN visa, you must be a citizen of Canada or Mexico, have a job offer from a US employer in a qualifying profession, and hold the required credentials for your profession. Some of the eligible professions include but are not limited to: scientists, engineers, teachers, accountants, and lawyers.

It’s important to note that the TN visa is only available to citizens of Canada and Mexico, and that the job offer must be in a profession listed under NAFTA. You must also have the necessary qualifications for the position, such as a bachelor’s degree or a license to practice in your profession.

The process of obtaining a TN visa starts with your US employer filing a Labor Condition Application (LCA) with the Department of Labor (DOL). After the LCA is approved, you can then apply for the TN visa at a US embassy or consulate. You will need to bring documentation such as your passport, job offer letter, and credentials to show that you are qualified for the position.

Once you receive your TN visa, you can enter the United States to work for your US employer. You can renew your TN visa as long as you continue to work in a qualifying profession and meet the eligibility requirements.

In conclusion, the TN visa is a great opportunity for citizens of Canada and Mexico to work in the United States in certain designated professions. To be eligible, you must be a citizen of Canada or Mexico, have a job offer in a qualifying profession, and hold the necessary credentials.

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TN Required Documents

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A Checklist for a Smooth Application Process”

When applying for a TN visa to work in the United States, it’s important to make sure you have all the necessary documents in order. The following is a checklist of required documents to help ensure your application process goes smoothly.

  1. Proof of Citizenship: You will need to provide proof of your citizenship, such as a passport from your country of origin.
  2. Job Offer Letter: You need to have a job offer from a U.S. employer, which must be in writing. The letter should include your job title, salary, and other details about the position.
  3. Educational Qualifications: You must provide evidence of your educational qualifications, such as transcripts, diplomas, or degrees. This must be in English or accompanied by a certified English translation.
  4. Professional Licenses and Certifications: If your profession requires a license or certification, you need to provide evidence of your current status.
  5. Resume or CV: Your resume or CV should detail your work experience and education, as well as any other relevant information.
  6. Supporting Documentation: Depending on your specific circumstances, you may need to provide additional supporting documentation, such as reference letters or contracts.
  7. Application fee: You must pay a fee to cover the cost of processing your TN visa application.

It is important to note that these are just general requirements, and your specific circumstances may require additional documentation. For more information, you can visit the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov.

By following this checklist, you can help ensure your TN visa application process goes smoothly. By having all the required documents in order, you can increase your chances of a successful outcome.

In conclusion, applying for a TN visa can be a complex process, but having a comprehensive checklist of required documents can make the process much easier. For more information and guidance, be sure to check the USCIS website and consult with a qualified immigration attorney.

Interesting TN Visa Statistics and Facts

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Interesting TN Visa Statistics and Facts: What US Presidents Have Said About It”

The TN visa, also known as the North American Free Trade Agreement (NAFTA) visa, is a popular visa category for Canadian and Mexican citizens who wish to work in the United States. Here are some interesting statistics and facts about the TN visa:

  1. Popular Among Canadians and Mexicans: The TN visa is most commonly used by Canadian and Mexican citizens. In 2020, over 40,000 TN visas were issued to Canadians and over 19,000 were issued to Mexicans.
  2. Fast Processing Time: Unlike other visa categories, the TN visa has a relatively fast processing time. In many cases, TN visas can be processed on the same day as the application is submitted.
  3. Specific Job Categories: The TN visa is only available to professionals working in specific job categories, including accountants, engineers, lawyers, and teachers.
  4. Limited Duration: The TN visa is valid for a maximum of three years and can be renewed indefinitely, as long as the foreign national continues to meet the eligibility criteria.
  5. No Green Card Option: Unlike other visa categories, the TN visa does not provide a direct path to permanent residency (a green card). Foreign nationals who wish to become permanent residents must go through a separate process.

To date, US Presidents have not made any specific statements about the TN visa. However, changes to immigration policies, including the TN visa, have been a topic of discussion and debate among US politicians and in the media.

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Should You Hire an Immigration Lawyer to Prepare Your TN Case?

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The TN visa is a valuable opportunity for Canadian and Mexican citizens to work in the United States. However, preparing a TN visa application can be complex and time-consuming, and even a small mistake can lead to a denied application. This is why it is highly recommended that you hire an immigration lawyer to help you prepare your TN visa case.

  1. Expertise: Immigration lawyers are experts in immigration law and have a deep understanding of the TN visa process. They have experience handling TN visa applications and can guide you through the process to ensure that your application is complete and meets all requirements.
  2. Increase Your Chances of Approval: An immigration lawyer can help you increase your chances of approval by reviewing your application and ensuring that it is free of errors. They can also advise you on how to present your case in the best light possible and provide you with guidance on what documents are necessary to support your application.
  3. Save Time: Hiring an immigration lawyer can save you time as they can handle all the paperwork and communication with government agencies for you. This allows you to focus on your job search and other preparations for your move to the United States.
  4. Avoid Mistakes: Immigration law is complex, and the consequences of making a mistake on your TN visa application can be significant. An immigration lawyer can help you avoid mistakes by reviewing your application and providing you with guidance on how to correct any errors.
  5. Representation: If your TN visa application is denied, an immigration lawyer can represent you in an appeal or provide you with guidance on alternative visa options.

In conclusion, hiring an immigration lawyer to prepare your TN visa case can increase your chances of approval, save you time, avoid mistakes, and provide you with representation if needed.

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Reasonable Attorney Fees for an TN Petition?

Our firm handles LTN visa petitions at highly competitive rates. Click here to reach our legal fee schedule.

Contact Us

To discuss TN 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.

Additional TN Visa FAQ

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What’s the Duration of Stay Outside the US on a TN Visa?

Response: There is no specific time restriction dictating how long a TN visa worker and their dependents can stay outside the U.S. before seeking re-admission. The key consideration is to return within the validity period of the TN/TD visa status, as indicated on the I-94, ensuring continued compliance with the visa requirements.

What Are the Drawbacks of the TN Visa?

A significant drawback of the TN visa is its relatively brief validity period. Initially granted for up to three years, it can be renewed indefinitely in three-year increments. The need for periodic renewals may pose challenges for individuals seeking long-term stability in the U.S. job market under the TN visa category.

Can TN Visa Be Converted to Green Card?

Certainly, TN visa holders can pursue the transition to a green card, a common inquiry among those who have spent time in the U.S. The affirmative answer is that it is indeed possible to obtain permanent resident status as a TN visa holder, allowing for a seamless progression from a non-immigrant visa to a Green Card. Understanding the process and eligibility criteria is essential for those considering this pathway.

Is TN Visa Superior to H-1B?

The TN visa program boasts remarkable flexibility. Unlike the H-1B program, employers seeking to hire a Mexican or Canadian national as a TN worker are exempt from filing a petition in advance. Furthermore, there is no need to navigate fiscal year limits or contend with visa caps, making the TN visa an expedient and streamlined choice for certain employers and professionals.

Is Job Switching Easy on TN Visa?

Switching jobs on a TN visa involves leaving the country and applying for the new job upon re-entry. The advantage is that your current TN visa remains valid throughout this process. In case of any challenges with the new application, you can smoothly return to the U.S. using your existing TN visa. This flexibility simplifies the job transition process for individuals under the TN visa program.

Can I Obtain a TN Visa Without an Employer?

Response: In essence, every TN visa application necessitates tangible proof of providing services for a U.S.-based entity. This underscores the crucial requirement of a job offer and employer association, serving as the fundamental basis for a successful TN visa application. The association with a U.S. employer is a key element in securing approval for the TN visa.

 

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