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The TN visa refers to a work visa that authorizes Canadian and Mexican citizens to work in the United States. It was developed as part of the North American Free Trade Agreement (NAFTA) and is usually called a NAFTA visa. This blog post will examine the prerequisites and advantages of the TN visa and the application process and limitations.
Requirements for the TN Visa
To be qualified for a TN visa, an applicant must be a citizen of Mexico or Canada and have a job offer from a United States employer in a specific profession documented in the NAFTA treaty. The list of professions comprises different occupations, such as engineers, accountants, scientists, and teachers.
The applicant must also have the required qualifications for the job, such as a degree or experience. In addition, the TN visa is only available to people working in specific professional occupations. These occupations are summarized in the NAFTA treaty and include a variety of fields, such as:
- Architect
- Accountant
- Engineer
- Lawyer
- Teacher
- Medical/Allied health professional
- Scientist
- Technologist and more
In addition, to remain eligible for a TN visa, applicants must fulfill certain academic and experiential prerequisites. These prerequisites differ depending on the specific professional work but generally comprise the following:
- Applicable work experience in the field
- Possession of a bachelor's degree or higher in a related domain
- Licensure or other credentials, if required by the specific occupation
It is necessary to note that a degree or other formal education is not always needed for TN visa eligibility. Likewise, relevant work experience and licensure or other credentials may be adequate for some professions.
Advantages of the TN Visa
The TN visa benefits Canadian and Mexican citizens who aspire to work in the United States. One of the primary benefits is that it is a relatively effortless and quick process compared to other work visas. TN visa applications are processed at the border or a U.S. embassy or consulate, and there is no need to go through the complicated or lengthy H-1B visa process.
Another advantage is that TN visa holders can work in the United States for up to three years at a time, with the option of renewing their visa indefinitely. It allows for long-term employment possibilities and stability.
Restrictions of the TN Visa
While the TN visa has numerous benefits, there are also restrictions. One of the primary restrictions is that it is only available to citizens of Mexico and Canada, which implies that citizens of other nations are not eligible. Also, the TN visa is only available for specific jobs, which may limit employment opportunities for some applicants.
Another restriction is that TN visa holders are hooked to their U.S. employer and position. They cannot effortlessly switch employers or jobs without running through the visa application process again. It can disadvantage those who want more adaptability in their job.
How to Apply for the TN Visa
The application process for a TN visa is relatively straightforward. The applicant must first have a job offer from a U.S. employer in a qualifying profession. The employer must provide a letter outlining the job duties and requirements, salary, and other compensation. Below are the steps required to get a TN visa.
- Preparing the Application. The applicant must prepare the required documentation, including proof of citizenship, a job offer letter, and documentation demonstrating eligibility for the specific occupation.
- Applying for the Visa. The applicant must apply at a U.S. embassy or consulate in their home country or country of residence.
- Interview. The applicant must attend an interview with a consular officer, who will determine their eligibility for the visa.
- Visa Issuance. If the applicant is approved for the visa, they will receive a visa stamp in their passport, which allows them to enter the United States and begin working.
Key Terms for TN Visas
- USCIS: The United States Citizenship and Immigration Services, which processes applications for TN visas.
- Temporary Employment: The TN visa is a temporary visa that allows people to work in the U.S. for a specific period.
- Letter of Employment: A letter from the United States employer summarizes the job offer and confirms that the applicant is qualified for the TN profession.
- NAFTA Professionals: The individuals who are eligible to apply for TN visas, including a wide range of professions such as accountants, engineers, lawyers, and scientists.
- Port of Entry: The location where TN visa holders must submit their visa and supporting papers upon entering the United States.
- Consulate: The United States consulate in Canada or Mexico, where TN visa applicants must apply.
Final Thoughts on TN Visas
The TN visa works exceptionally well for Canadian and Mexican citizens who want to work in the United States. It presents numerous advantages, such as ease of application, long-term job opportunities, and a wide range of qualified professions. Nevertheless, it is necessary to remain aware of the restrictions and prerequisites of the visa before applying. With the right qualifications and job offers, the TN visa can be a wonderful way to pursue career opportunities in the United States.
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Meet some of our TN Visa Lawyers
Mark D.
Partnering with business clients to keep their greatest asset - their employees - from becoming their biggest liability. Mark accomplishes this by working with in-house counsel and human resource professionals of several Fortune 50 companies, as well as many smaller public and privately held profit and not for profit organizations, to provide advice and counsel on the day to day employment and workforce practice issues encountered by those organizations. For over fifteen years Mark has been Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. He is licensed and practices in both Texas and Colorado and has focused his practice for the last 20 plus years on defending companies in employment and labor related matters. During this time Mark has had extensive experience in handling and responding to a wide range of local, state and federal employment issues that impact the management and operations of businesses in a wide range of industries. Mark's experience includes appearances before state and federal agencies and regulatory boards, litigation in both state and federal courts, defense of class actions and appearances before courts of appeal. While Mark regularly handles matters in litigation, he has a high regard for handling every issue with the best interest of the client’s business. Mark is a published author and regular speaks on labor, employment and workplace practice topics. Whether it be an investigation by the Occupational Safety and Health Administration (OSHA), the Wage & Hour division of the U.S. Department of Labor, or other state agency; an Equal Employment Opportunity Commission (EEOC) or state agency charge claiming a violation of local, state or federal employment or labor laws; or the need for direction on a hiring, termination or business operational issue involving employees, Mark has extensive experience in handling these and many other employment and labor issues.
Rebecca R.
An experienced commercial contracts attorney with sales, leasing, NDA, SEC compliance, corporate governance, commercial real estate, and employment experience. Also well versed in internal and external policy document and manual creation.
Gregory F.
Greg Fidlon has been practicing exclusively in employment law since 1998. He represents and advises clients in all aspects of the employment relationship. In addition to his litigation work, Greg regularly negotiates and drafts corporate policy handbooks, employment contracts, separation agreements and restrictive covenants. He also develops and presents training programs and has spoken and written extensively on labor and employment law topics.
Sunnita B.
Experienced sports and entertainment attorney. I specialize in contracts, business formation, licensing, wage disputes, negotiations, and intellectual property.
March 23, 2022
Joann H.
I practiced law for the past 22 years in Immigration, Bankruptcy, Foreclosure, Civil Litigation, and Estate Planning. I am interested in downsizing to a more workable schedule to allow the pursuit of other interests.
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Pankaj R.
I advise clients in the areas of business, trademarks, real estate, employment, and finance. My overarching goals are to unite creative people and companies to assist them in making sound legal and business decisions. I have been fortunate enough to build a fast-growing, 21st-century law firm with an amazing staff by my side. Our focus is not just on providing invaluable legal insight but creating a better all-around client experience. We provide unique subscription pricing and flat-fee options for our clients, providing billing transparency and enhanced value to all of our wonderful clients. Focus areas: contract drafting, negotiations, research, trademarks international law, entertainment, business development, entity choice; business: manager, team builder, leader, motivator. Speaking Engagements: National Business Institute (NBI) - "Business Contracts 101"
March 26, 2022
Neilson B.
Hi, I am the founding member of Son of Brown Law Firm, based in Charlotte North Carolina. Our firm practices in the areas of Business Transactions, Cannabis/Hemp, Personal Injury and Immigration Law.
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TN Visa Application
Location: Washington
Turnaround: Less than a week
Service: Prepare & File
Doc Type: TN visa
Number of Bids: 1
Bid Range: $2,500
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