TN Visas
TN Visas for Mexican and Canadian NAFTA Professionals
What is a TN Visa Classification?
The TN visa, also known as the nonimmigrant NAFTA Professional (TN) visa, is tailored for individuals from Canada and Mexico who are NAFTA professionals seeking temporary employment opportunities in the United States.
It enables them to participate in prearranged business activities for either U.S. or foreign employers.
Who Qualifies for a TN Visa?
Qualifications for NAFTA Professional (TN) Nonimmigrant Status:
- The applicant holds citizenship in Canada or Mexico.
- The chosen profession is listed in the NAFTA agreement.
- The position in the United States necessitates a NAFTA professional.
- Applicants are committed to working in a predetermined full-time or part-time capacity for an employer.
Canadian citizens are generally exempt from a TN visa requirement and can seek admission as nonimmigrants without a visa. If you are a Canadian citizen, you can establish TN eligibility at the U.S. port of entry or through Form I-129.
Mexican citizens must obtain a TN visa and apply at a U.S. embassy or consulate in Mexico.
How Can We Help?
Our firm is experienced in assisting employers and employees who are citizens of Mexico and Canada navigate the various visa options available to them. Our lawyers can explain the difference between various visa option available to Canadian and Mexican Citizens. These options can sometimes be confusing and include options under the North American Free Trade Agreement (“NAFTA”).
While past success can in no way guarantee of future outcomes our TN Visa Lawyers have enjoyed a 100% success rate with the applications we have filed to date.
Surprising Number of TN Visa Denials
Given a surprisingly high number of denials we suggest that visa applicants either work with an experienced TN Visa Lawyer to prepare their application or allow our firm to review their package prior to submission.
TN Visa common questions and answers:
Can TN visa holders apply for a green card?
Unlike other temporary work visas, the TN visa is not a “dual-intent” visa. If you wish to transition to a green card, explore options such as marriage-based green cards
How much does a TN visa cost?
The visa service fee for the TN category is $160.00. Once you are approved for a TN visa, you may apply for admission at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station.
What happens if I lose my job on a TN visa?
If you lose your job while on a TN visa, you have a grace period of 60 days to find another employer, change your status, or prepare to leave the U.S.
Is TN visa better than H-1B?
The TN program is incredibly flexible and does not have the same petition and fiscal year limitations as the H-1B program.
Does my job title need to match the NAFTA category exactly?
Your job title does not have to match the NAFTA category perfectly. The NAFTA professional categories are broad, and a wide range of professional jobs in the United States can qualify for TN status, with the proper approach and corresponding application.
Can TN visa holders apply for a green card?
Unlike other temporary work visas, the TN visa is not a “dual-intent” visa. If you wish to transition to a green card, explore options such as marriage-based green cards.
Can I study in the US if I hold a TN visa?
Yes, you can study either part-time or full-time in the U.S., following the conditions of your original TN visa.
Will my spouse be able to work?
The TD visa does not allow family members of TN visa holders to work, but they are able to study.
Can I extend my TN visa?
There are two ways to extend your TN status. For both Canadians and Mexicans, you can arrange for your employer (or a new employer) to file Form I-129 on your behalf while you remain in the country. For Canadians, you can leave the United States before your status expires and apply again at a U.S. port of entry for TN status.
Can I get a TN visa without a degree?
To be eligible for a TN visa, you need to show that you’re a qualified professional in one of the approved specialty occupations with a bachelor’s degree. Depending on your industry, alternative qualifications may be acceptable.
Can I enter the United States through the TN visa if I am a permanent resident of Canada or Mexico?
No, only citizens of Canada or Mexico in specialty occupations may enter and work in the United States under TN authorization.
Are TN visa holders considered resident aliens?
If you’ve been in the U.S. for at least three years on TN status, you may be considered a resident foreigner, or what the IRS calls a “resident alien,” for tax purposes. However, if you live in Canada or Mexico and commute to the U.S. to work, you are not considered a resident.
Can TN visa holders apply for a green card?
Unlike other temporary work visas, the TN visa is not a “dual-intent” visa. If you wish to transition to a green card, explore options such as marriage-based green cards.
How often do TN visas get rejected?
Since 2015, total TN Visa applications range between 6000 to 7000, with approximately 600-700 applications denied. The number of denials increased in 2018, and during COVID in 2020, there was a sharp decline in applications.