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TN Visas: Hiring Professionals from Canada or Mexico

The TN NAFTA Professionals visa provides a streamlined pathway for Canadian and Mexican citizens to work in the United States in pre-arranged business activities for U.S. or foreign employers. Eligible professionals must work in occupations specified under the North American Free Trade Agreement (NAFTA), such as engineers, lawyers, scientists, and teachers. This nonimmigrant classification allows for initial stays up to three years, with the possibility of indefinite extensions. Applicants must demonstrate qualifications for their profession, including education and, in some cases, licensure. The TN visa offers a unique opportunity for NAFTA professionals to engage in substantial trade and investment activities, fostering cross-border business collaboration within North America.

Common Questions And Answers About TN Visas

  • Can my family accompany me if I have a TN visa?

Yes, your spouse and unmarried children under 21 may join you in the U.S. under TD visa status. They cannot work but are permitted to study.

  • Do I need a labor certification for the TN visa?

No, a labor certification is not required, but your U.S. employer must provide an employment letter that meets TN visa criteria.

  • How do I apply for a TN visa?

Canadian citizens may apply directly at a U.S. port of entry with the necessary documents, while Mexican citizens need to obtain a TN visa at a U.S. consulate or embassy first.  In certain situations, an employer may petition the USCIS for a change of status in the United States if the employee is in the U.S.

  • What specific documents are needed when applying?

You’ll need proof of citizenship, a job offer letter from your U.S. employer, and evidence of your qualifications for the offered position.

  • Can I pursue permanent residency on a TN visa?

While TN visa holders can pursue permanent residency, it requires careful planning due to its non-immigrant intent. Professional guidance is recommended.

  • Am I allowed to change employers on a TN visa?

Yes, but you must secure a new TN visa or status based on your new employment, ensuring it complies with all TN requirements.

  • Is there an annual cap on TN visas?

No, there is no limit to the number of TN visas issued each year, offering flexibility for eligible professionals.

Reach Out to Fok Immigration Law for Expert Guidance on Your Visa Process

Navigating the visa application process can be challenging. For assistance in obtaining a temporary work visa, get in touch with Fok Immigration Law by dialing 408-606-8911. Alternatively, you can reach out to us through our online contact form to consult with a seasoned immigration lawyer. Based in San Jose, we provide legal representation to clients across California and beyond.