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Need help with a TN2 Visa?
The TN2 visa is a non-immigrant visa category that authorizes Canadian and Mexican professionals to work temporarily in the United States. In addition, the TN2 visa is similar to the H-1B visa in that it allows skilled workers to work in the United States for a specific period. The TN2 visa is overseen by the North American Free Trade Agreement (NAFTA) and is designed to streamline the movement of professionals between Mexico, Canada, and the United States.
Eligibility Requirements for TN2 Visa
To be eligible for obtaining a TN2 visa, the applicant must fulfill the following prerequisites:
- The applicant must have a job proposal from a U.S. employer in a qualifying profession.
- The applicant must be a citizen of Canada or Mexico.
- The applicant must have the mandated qualifications for the job, including a degree or equivalent work experience.
- The employment offered must be in a qualifying profession listed under NAFTA.
Advantages and Limitations of TN2 Visa
The TN2 visa provides several advantages to Canadian and Mexican professionals who wish to work temporarily in the United States. These advantages include the following:
- The ability to work lawfully in the United States for a specific term.
- The capability to travel freely between the United States, Canada, and Mexico.
- The ability to bring dependents, such as partners and kids, to the United States on TD visas.
However, the TN2 visa also has some restrictions. For example:
- The TN2 visa is temporary and does not provide a path to permanent residency in the United States.
- The applicant must have a job offer from a U.S. employer in a qualifying profession.
- The applicant must fulfill the eligibility requirements, including the qualifications for the job.
Qualifying Professions Eligible Under TN2 Visa
Under NAFTA, there is a list of jobs that are qualified for TN2 visas. The list comprises experts such as accountants, engineers, computer systems analysts, and scientific technicians. Moreover, the complete list of qualifying professions is available on the U.S. Department of State's website.
How to Apply for TN2 Visa
The application process for a TN2 visa concerns several steps:
- The applicant must initially obtain a job offer from a U.S. employer in a qualifying profession.
- The employer must file a petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the applicant.
- Once the petition is authorized, the applicant must apply for a TN2 visa at a U.S. consulate in Canada or Mexico.
- The applicant must furnish documentation to support their eligibility for the TN2 visa, including their qualifications and the job request.
It is necessary to note that the TN2 visa is a non-immigrant visa, indicating it is temporary and does not offer a path to permanent residency in the United States. Nevertheless, TN2 visa holders may be able to extend their stay in the United States or apply for a different visa type that allows for permanent residency.
Key Terms for TN2 Visa
- Professional Occupations: The TN2 visa is available to individuals seeking to work in certain professional occupations, such as accountants, engineers, lawyers, and teachers.
- Labor Condition Application (LCA): Before hiring a TN2 visa holder, a U.S. employer must file an LCA with the Department of Labor, certifying that the wages and working conditions for the position will meet certain standards.
- Job Offer: To obtain a TN2 visa, an individual must have a job offer from a U.S. employer in a qualifying profession.
- Port of Entry: TN2 visa holders must enter the United States at a designated port of entry, where a U.S. Customs and Border Protection officer will interview them.
Final Thoughts on TN2 Visa
The TN2 visa is a useful alternative for Mexican and Canadian professionals who wish to work temporarily in the United States. While it has some restrictions, such as its temporary nature and eligibility provisions, it provides several advantages, including the ability to work lawfully in the United States and travel voluntarily between Canada, the United States, and Mexico. So if you are a Canadian or Mexican professional considering working in the United States, the TN2 visa may be a suitable alternative.
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Meet some of our TN2 Visa Lawyers
May 9, 2023
Fabian graduated with honors from the University of Miami School of law, where he served as the articles and comments editor for the law school's Race and Social Justice Law Review. He received the John F. Evans Memorial Scholarship Award for excellence in the university's Litigation Skills Program and the HOPE Pro Bono award for completing more than one hundred (100) pro bono hours. Additionally, he received the CALI Excellence for the future award in Sports Law. He focuses his practice on corporate, real estate and immigration matters. Fabian has experience representing luxury hotel owners and operators in connection with the drafting of hotel management agreements, restaurant license agreements, and complex restaurant leases for domestic and international projects including: Nobu Tulum, Nobu Punta Cana, Nobu Orlando, Nobu Chicago and the Nickelodeon Hotel in Riviera Maya, Mexico, among others. He has represented clients in the commercial real estate industry in connection with the drafting of purchase and sale agreements, promissory notes, and mortgages. Lastly, Fabian routinely counsels corporate clients in connection with the drafting of articles of organization, operating agreements, and other documents related to acquisitions, restructurings and investments.
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Venus Caruso is a Florida-based attorney who has been helping companies and professionals with their business-related legal needs for over 18 years. She leverages her 10 years spent as a complex commercial litigator and 7 years spent as in-house legal counsel to advise and guide clients on business matters involving commercial transactions and contracts, employment agreements and workplace documents and protocols, product claims compliance, healthcare transactions and agreements, and risk management. During her litigation years, Venus was honored to be recognized as one of Florida’s Legal Elite for Commercial Litigation. Past representative clients include public companies, national law firms, startups, small and mid-sized businesses, directors and officers, consultants, professionals, and health care facilities and providers.
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