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Need help with a TN1 Visa?
The TN1 visa is a non-immigrant visa that authorizes Canadian and Mexican residents to work in the United States. Moreover, this visa is designed to streamline the movement of experts between Canada, the United States, and Mexico, making it easier for businesses to hire qualified employees from these nations.
What is a TN1 Visa?
As globalization continues to expand, companies seek to hire qualified people from across the globe. The TN1 visa is one such tool that permits Canadian and Mexican nationals to work in the United States temporarily. In addition, the TN1 visa is a nonimmigrant visa available to Canadian and Mexican citizens working in certain professional occupations.
This visa was developed under the North American Free Trade Agreement (NAFTA) and is intended to streamline the movement of professionals between the United States, Canada, and Mexico. Besides, the TN1 visa is similar to the H-1B visa, which allows qualified workers from other countries to work in the United States. Nevertheless, the TN1 visa is less costly and complex than the H-1B visa.
Benefits of a TN1 Visa
There are several advantages to obtaining a TN1 visa, including the following:
- Flexibility: TN1 visa holders can work for numerous employers in the United States.
- Fast Processing Times: TN1 visas can be processed fast, usually within a few weeks.
- Family Members: Partners and unmarried children under 21 can accompany TN1 visa holders to the United States on a TD visa.
- Renewability: TN1 visas can be renewed indefinitely if the holder fulfills the eligibility criteria.
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Limitations of a TN1 Visa
While there are numerous advantages to obtaining a TN1 visa, there are also some restrictions to be aware of, including:
- Limited Eligibility: Only residents of Canada and Mexico are eligible for TN1 visas.
- Temporary Nature: TN1 visas are only valid for up to three years and cannot be used as a path to permanent residency.
- Restricted Occupations: TN1 visas are only available for certain professional occupations on the NAFTA list.
- No Self-Employment: TN1 visa holders cannot be self-employed in the United States.
Eligibility for a TN1 Visa
To be eligible for a TN1 visa, you must fulfill the following criteria:
- Be a citizen of Canada or Mexico
- Have the necessary qualifications, such as education or work experience, for the job
- Have a job offer from a U.S. employer for a professional role on the NAFTA list of eligible occupations
- Intend to work in the United States temporarily
Key Terms for TN1 Visa
- TN Status: TN status refers to the lawful status Canadian and Mexican residents obtain when approved for a TN visa to work in the United States.
- Professional Occupations: TN visa applicants must work in an occupation listed in the NAFTA agreement and fulfill the specific academic and experience prerequisites for that profession.
- I-129 Petition: The I-129 petition is the form the employer must file with USCIS to request permission for a TN visa applicant to work for their business.
- Labor Condition Application (LCA): The LCA is a paper that the employer must file with the Department of Labor to guarantee that the TN visa holder is not being paid less than the general compensation for their work in the geographic area where they will be working.
- Duration of Stay: TN visa holders can initially stay in the United States for up to three years, with the chance of extensions in specific circumstances.
- Port of Entry: The port of entry is the first place that the TN visa holder will enter the United States and where they will offer their TN visa and other required records to the U.S. Customs and Border Protection (CBP) officer.
Final Thoughts on TN1 Visa
To summarize, the TN1 visa is an ideal opportunity for Canadian and Mexican professionals who wish to work in the United States. It presents better flexibility, fast processing times, and renewability, making it an attractive alternative for many people. Nevertheless, it is important to be aware of the restrictions of the TN1 visa, including its temporary nature and limited eligibility. If you are a Canadian or Mexican citizen interested in working in the United States, the TN1 visa may be a good alternative.
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Meet some of our TN1 Visa Lawyers
Pura R.
Pura Rodriguez, JD, MBA is the President and Managing Partner of A Physician’s Firm, based in Miami. She represents healthcare providers from different specialties in a broad range of issues, including contract review, business planning and transactions, mergers and acquisitions, vendor and contract disputes, risk management, fraud and abuse compliance (Anti-Kickback Statute and Stark), HIPAA compliance, medical staff credentialing, employment law, and federal and state regulations. She also assists providers in planning their estates, protecting their assets, and work visa requirements.
Eric M.
Experienced and business-oriented attorney with a great depth of contract experience including vendor contracts, service contracts, employment, licenses, operating agreements and other corporate compliance documents.
Stacey D.
I enjoy helping businesses of all sizes succeed, from start-ups to existing small and medium sized businesses. I regularly advise corporate clients on a variety of legal issues including formation, day to day governance, reviewing and drafting business contracts and other agreements, business acquisitions and sales, as well as commercial and residential real estate issues, including sales, purchases and leases. As an attorney licensed in both Michigan and Florida, I also advise clients on real estate issues affecting businesses and individuals owning real property in either state, whether commercial, residential or vacation/investment property. I also regularly assist nonprofit organizations in obtaining and maintaining tax exempt status, and provide general legal counsel on all matters affecting public charities, private foundations and other nonprofit organizations.
September 10, 2020
Jaclyn I.
Jaclyn is an experienced intellectual property and transactional attorney residing and working in NYC, and serving clients throughout the United States and internationally. She brings a targeted breadth of knowledge in intellectual property law, having years of experience working within the media, theater, PR and communications industries, and having represented clients in the music, entertainment, fashion, event production, digital media, tech, food/beverage, consumer goods, and beauty industries. She is an expert in trademark, copyright, and complex media and entertainment law matters. Jaclyn also taught as an Adjunct Professor at Cardozo School of Law, having developed and instructed the school’s first Trademark Practicum course for international students. In her spare time, Jaclyn’s passion for theater and love for NYC keeps her exploring the boundless creativity in the world’s greatest city!
July 22, 2020
Yoko T.
A bilingual attorney graduated from J.D. with a C.P.A. license, an M.B.A. degree, and nearly ten years of experience in the cross-border tax field.
July 21, 2020
Chester A.
With over 24 years of practice, Chet uses his vast experiences to assist his clients in the most efficient manner possible. Chet is a magna cum laude graduate of University of Miami School of Law with an extensive background in Business Law, Commercial Real Estate, Corporate Law, Leasing Law and Telecommunications Law. Chet's prior experience includes 5 years at two of the top law firms in Georgia and 16 years of operating his own private practice.
July 21, 2020
Steven C.
Steve Clark has been practicing law in DFW since 1980. He is licensed in both Texas and Louisiana state and federal courts. He concentrates his practice on business clients and their needs. He has been a SuperLawyer in Texas since 2011, and is Lead Counsel rated in Business Law. He is also a Bet the Company litigator in Texas.
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