Are you a Canadian or Mexican citizen who wants to work in the United States as a professional in a skilled occupation? If so, you may be eligible for a TN visa, a unique work visa created under the North American Free Trade Agreement (NAFTA). A TN visa allows you to enter and work in the US for up to three years, with the possibility of an extension.
However, applying for and maintaining a TN visa can be a complex and challenging process, especially if you are not familiar with US immigration laws and procedures. That’s why you need a TN visa lawyer to help you every step of the way. A TN visa lawyer is a legal expert who specializes in assisting Canadian and Mexican professionals with their TN visa applications and issues.
In this article, we will explain what a TN visa is, how to apply for it, how to maintain and extend it, and how to find a reliable and experienced TN visa lawyer to help you achieve your professional goals in the US.
What is a TN Visa?
A TN visa is a type of work visa that allows Canadian and Mexican citizens to work in the United States. The TN visa is part of the North American Free Trade Agreement (NAFTA) and is only available to citizens of Canada and Mexico.
Who is Eligible for a TN Visa?
To be eligible for a TN visa, you must be a citizen of Canada or Mexico and have a job offer from a U.S. employer in a specific profession. The profession must be listed in the NAFTA agreement, and you must meet the education and/or work experience requirements for that profession.
What are the Benefits of a TN Visa?
The benefits of a TN visa include the following:
- The ability to work in the United States for up to three years
- The ability to renew your TN visa indefinitely
- The ability to bring your spouse and children with you to the United States
- No cap on the number of TN visas issued each year
How to Apply for a TN Visa
The first step to getting a TN visa is to ensure you meet the eligibility criteria. To qualify for a TN visa, you must:
- Be a citizen of Canada or Mexico (not a permanent resident or a dual citizen)
- Have a job offer from a US employer in a profession that is listed in the NAFTA Appendix 1603.D.1
- Have the necessary credentials and qualifications for the profession (such as a degree, diploma, license, or certification)
- Intend to work in the US temporarily and not seek permanent residence.
If you meet these requirements, you can apply for a TN visa at a US port of entry (if you are a Canadian citizen) or at a US consulate or embassy (if you are a Mexican citizen). You will need to present the following documents:
- A valid passport
- A completed and signed Form DS-160 (Online Nonimmigrant Visa Application)
- A confirmation page and a barcode from the Form DS-160
- A fee receipt for the visa application fee (USD 160)
- A letter from your US employer that states the following information:
- The name and address of the employer and the applicant
- The job title and description of the position
- The purpose and duration of the employment
- The salary and benefits of the employment
- The qualifications and credentials of the applicant
- The relationship between the employer and the applicant
- Any other supporting evidence that proves your eligibility for the TN visa, such as diplomas, transcripts, licenses, certificates, or letters from previous employers
Once you have all the required documents, you can submit your TN visa application and undergo a visa interview. The visa officer will review your application and ask questions about your background, education, work experience, and plans in the US. You should answer the questions honestly and confidently and provide any additional information or documents requested by the officer. If your application is approved, you will receive a TN visa stamp on your passport that allows you to enter and work in the US for the period specified on your employer support letter, up to three years.
How to Maintain and Extend a TN Visa
After you enter the US on a TN visa, you must follow the rules and restrictions that apply to your visa status. You must:
- Work only for the employer and in the profession that sponsored your TN visa
- Notify the US Citizenship and Immigration Services (USCIS) of any changes in your personal or employment information, such as an address, phone number, or job title
- Maintain a valid passport and a valid TN visa stamp
- Abide by US laws and regulations
- Do not seek or accept unauthorized employment or engage in activities inconsistent with your TN visa status.
- Not apply for or obtain a green card or permanent residence in the US
If you want to continue working in the US beyond the expiration date of your TN visa, you can apply for an extension of your TN visa status. You can do this in one of two ways:
- By filing a Form I-129, Petition for a Nonimmigrant Worker, with the USCIS, along with the required fee and supporting documents, such as a new employer support letter and evidence of your continued eligibility for the TN visa. You should file this petition at least 45 days before your TN visa expires, and you can stay and work in the US while your petition is pending as long as you receive a receipt notice from the USCIS.
- By following the same procedure as your initial TN visa application, you can leave the US and apply for a new TN visa at a US port of entry or a US consulate or embassy. You should do this before your TN visa expires, and you can re-enter the US with a new TN visa stamp that allows you to work for another three years.
You can extend your TN visa status as many times as you want, as long as you continue to meet the eligibility criteria and intend to work in the US temporarily.
What are the Requirements for a TN Visa Application?
The requirements for a TN visa application include the following:
- Canadian or Mexican citizenship
- A job offer in a NAFTA profession
- Educational and/or work experience credentials that meet the requirements for the profession
- Proof of intent to return to your home country after your TN visa expires
- Proof of financial support
How Can a TN Visa Lawyer Help You?
A TN visa lawyer can help you in the following ways:
- Determine if you are eligible for a TN visa.
- Help you gather the necessary documentation for your TN visa application.
- Assist you with completing Form DS-160.
- Prepare for your visa interview.
- Help you understand your rights and obligations as a TN visa holder.
How to Avoid Common Pitfalls and Problems with a TN Visa
While a TN visa can be an excellent option for Canadian and Mexican professionals who want to work in the US, it also comes with some challenges and risks that you should be aware of and avoid. Some of the common pitfalls and problems with a TN visa are:
- Being denied a TN visa or an extension of your TN visa status due to insufficient or incorrect documentation, lack of evidence of your qualifications or credentials, or failure to demonstrate your temporary intent to work in the US
- Being subject to scrutiny or questioning by the visa officer or the border officer about your TN visa application or Status, especially if you have frequent or long trips to the US, multiple or concurrent employers, or a spouse or children who are US citizens or permanent residents
- Being out of Status or accruing unlawful presence in the US if you overstay your TN visa, work for an unauthorized employer, or violate the terms and conditions of your TN visa status.
- Being unable to change your employer or your profession on a TN visa without applying for a new TN visa or an amendment of your TN visa status
- Being unable to adjust your Status to a green card or permanent residence on a TN visa, unless you qualify for an exception or a waiver of the dual intent doctrine, which requires you to prove that you did not have the intention to immigrate to the US when you applied for or entered on a TN visa
To avoid these pitfalls and problems, consult a TN visa lawyer before applying for or renewing your TN visa, and follow their advice and guidance throughout the process. A TN visa lawyer can help you prepare and submit a complete and accurate TN visa application, provide you with the best strategies and tips to pass your visa interview, advise you on how to maintain and extend your TN visa status, and assist you with any issues or complications that may arise with your TN visa.
What Should You Look for in a TN Visa Lawyer?
When choosing a TN visa lawyer, you should look for the following:
- Experience with TN visa applications
- Knowledge of NAFTA professions and requirements
- A good track record of success
- Clear communication
How to Find a Reliable and Experienced TN Visa Lawyer
If you are looking for a TN visa lawyer to help you with your TN visa application or issue, you should follow these tips to find a reliable and experienced TN visa lawyer:
- Ask people you trust for referrals. If you know someone who has successfully obtained a TN visa or worked with a TN visa lawyer, ask them for their recommendation and feedback. You can also ask your current or prospective employer, colleagues, friends, or family members if they know any good TN visa lawyers.
- Contact a lawyer bar association. You can contact the American Immigration Lawyers Association (AILA), a national association of immigration lawyers, and ask for a referral to a TN visa lawyer in your area. You can also visit their website and use their online directory to find a TN visa lawyer by location, language, or practice area1.
- Do some online research. You can use online platforms, such as LegalMatch, Nolo, or CitizenPath, to find and compare TN visa lawyers based on their profiles, reviews, ratings, fees, and availability234. You can also check the websites of the TN visa lawyers you are interested in and look for their credentials, experience, testimonials, and success stories.
- Watch out for scammers. You should be careful of anyone who claims to be a TN visa lawyer but is not licensed, qualified, or authorized to practice immigration law. You should also avoid anyone who asks for money upfront, guarantees a positive outcome, or pressures you to sign a contract or a document without explaining it. You can verify the license and Status of a TN visa lawyer by contacting the state bar association where they practice or by visiting the US Department of Justice website1.
- Contact and interview prospective lawyers. Once you have a shortlist of potential TN visa lawyers, you should contact them and schedule a consultation. During the consultation, you should ask them questions about their background, education, experience, fees, communication style, and approach to your case. You should also ask them for references from their previous or current clients and check them. You should choose a TN visa lawyer who is knowledgeable, trustworthy, responsive, and compatible with your needs and expectations.
How Much Does a TN Visa Lawyer Cost?
The cost of a TN visa lawyer varies depending on the complexity of your case and the lawyer’s experience. Most TN visa lawyers charge a flat fee for their services, ranging from $1,000 to $5,000. It is important to discuss fees and payment options with your TN visa lawyer before hiring them.
How Long Does It Take to Process a TN Visa Application?
The processing time for a TN visa application can vary depending on the workload at the U.S. embassy or consulate where you are applying. Generally, the processing time is between one and four weeks. However, applying for your TN visa as early as possible is important to avoid delays.
What Happens After Your TN Visa Application is Approved?
Once your TN visa application is approved, you will receive your visa and can enter the United States to begin working. You will be admitted for a maximum of three years and can renew your TN visa indefinitely as long as you continue to meet the requirements.
What Happens If Your TN Visa Application is Denied?
If your TN visa application is denied, you can appeal the decision or reapply for a TN visa. It is important to understand the reason for the denial and address any issues before reapplying.
How to Renew a TN Visa?
To renew your TN visa, you must:
- Continue to meet the requirements for your profession.
- Have a job offer from a U.S. employer in your profession.
- Submit a new TN visa application with updated documentation.
Can You Change Employers on a TN Visa?
Yes, you can change employers on a TN visa. However, you must have a new job offer in a NAFTA profession, and your new employer must file a new Labor Condition Application (LCA) with the U.S. Department of Labor.
Can You Apply for a Green Card on a TN Visa?
Yes, you can apply for a green card while on a TN visa. However, you must meet the eligibility requirements for a green card and follow the appropriate application process.
How to Prepare for Your TN Visa Interview
After you submit your TN visa application and receive a confirmation, you will be scheduled for a TN visa interview at a US port of entry, a US consulate, or a US embassy, depending on your nationality and mode of application. The TN visa interview is a crucial step in the TN visa process, as it determines whether you will be granted or denied a TN visa. Therefore, you should prepare well for your TN visa interview and avoid any mistakes or errors that could jeopardize your chances of getting a TN visa.
Here are some tips on how to prepare for your TN visa interview:
- Review your TN visa application and supporting documents. You should ensure that you have all the required documents for your TN visa interview, such as your passport, employer support letter, proof of qualifications, proof of ties to your home country, and any other supporting evidence that proves your eligibility for the TN visa. You should also review your TN visa application and supporting documents and ensure they are accurate, consistent, and complete. You should be able to explain and justify any information or document that you provide to the visa officer.
- Research the TN visa interview questions and practice your answers. You should anticipate the possible questions the visa officer may ask you during your TN visa interview and prepare your answers in advance. Some of the common TN visa interview questions are:
- What is the purpose of your trip to the US?
- What is your profession, and what are your duties and responsibilities?
- Who is your employer, and what is their business in the US?
- How long do you plan to work in the US, and what is your salary?
- How did you obtain your qualifications and credentials for your profession?
- Do you have any previous or current ties to the US, such as family, friends, or property?
- Do you intend to return to your home country after your TN visa expires?
- Do you plan to apply for a green card or permanent residence in the US?
You should practice answering these questions and ensure they are clear, concise, and consistent with your TN visa application and supporting documents. You should also avoid giving false, incomplete, or misleading information or documents, which could result in your TN visa denial or cancellation.
- Dress professionally and arrive early. You should dress formally and appropriately for your TN visa interview, which shows respect and professionalism to the visa officer and the US government. You should also arrive at the TN visa interview location at least 15 minutes before your scheduled time, as this gives you enough time to check in, go through security, and wait for your turn. You should also bring a copy of your TN visa confirmation and a valid photo ID, as you may need to present them at the entrance or the reception.
- Be polite and confident. You should greet the visa officer with a smile and a courteous salutation, such as “Good morning” or “Good afternoon”. You should also maintain eye contact and positive body language throughout the TN visa interview, as this shows confidence and honesty. You should listen carefully to the visa officer’s questions and answer them clearly and audibly without interrupting or arguing with the visa officer. You should also thank the visa officer for their time and attention at the end of the TN visa interview and wait for their decision or instructions.
What to Do After Your TN Visa Interview
After your TN visa interview, you will receive one of the following outcomes:
- TN visa approval. Suppose the visa officer is satisfied with your TN visa application and supporting documents and finds you eligible for the TN visa. In that case, they will approve your TN visa and stamp your passport with a TN visa sticker. They will also return your original documents to you, except for your passport, which they will keep for processing. Depending on the processing time, you will receive your passport with the TN visa sticker within a few days or weeks. You can then travel to the US with your passport and TN visa sticker and present them to the US border officer upon arrival. The US border officer will verify your TN visa and purpose of entry and grant you admission to the US for the duration of your TN visa validity.
- TN visa denial. Suppose the visa officer is not satisfied with your TN visa application and supporting documents or finds you ineligible for the TN visa. In that case, they will only accept your TN visa and inform you of the reason for the denial. They will also return your original documents to you, except for your passport, which they will keep for processing. Depending on the processing time, you will receive your passport without a TN visa sticker within a few days or weeks. You can then reapply for a TN visa after addressing the reason for the denial or seek another visa option for your US travel.
- TN visa pending. Suppose the visa officer cannot decide on your TN visa application and supporting documents or requires additional information or evidence from you. In that case, they will put your TN visa on hold and inform you of the next steps. They will also return your original documents to you, except for your passport, which they will keep for processing. You will receive a letter or an email from the visa officer with instructions on submitting the additional information or evidence or scheduling a follow-up interview. You should follow the instructions and submit the required information or evidence as soon as possible or attend the follow-up interview if requested. The visa officer will then review your TN visa application and supporting documents again and either approve or deny your TN visa. Depending on the processing time, you will receive your passport with or without a TN visa sticker within a few days or weeks.
How to Change Your Employer or Profession on a TN Visa
A TN visa is employer-specific and profession-specific, meaning you can only work for the employer and in the profession specified in your TN visa application and supporting documents. If you want to change your employer or profession on a TN visa, you must apply for a new TN visa with the new employer or profession and meet all the TN visa requirements for the new employer or profession. You can apply for a new TN visa with the new employer or profession in one of the following ways:
- Apply at a US port of entry. You can apply for a new TN visa with the new employer or profession at a US port of entry, such as an airport, a land border, or a seaport, by presenting your passport, your current TN visa, your new employer support letter, your proof of qualifications, and your proof of ties to your home country. You will also have to pay a fee of $50 USD and undergo a brief interview with a US border officer, who will review your new TN visa application and supporting documents, and either approve or deny your new TN visa. If approved, you will receive a new TN visa sticker on your passport and a new I-94 form with your new TN visa validity date. If denied, you will have to leave the US immediately or seek another visa option for your US stay.
- Apply by mail. You can apply for a new TN visa with the new employer or profession by mail by submitting your passport, your current TN visa, your new employer support letter, your proof of qualifications, your proof of ties to your home country, and a fee of $370 USD to the US Citizenship and Immigration Services (USCIS). You will also have to fill out and sign Form I-129, Petition for a Nonimmigrant Worker, and attach it to your new TN visa application and supporting documents. You should mail your new TN visa application and supporting documents to the USCIS service centre that has jurisdiction over your place of employment in the US. You should also include a self-addressed, stamped envelope for the return of your passport and your new TN visa sticker. You should mail your new TN visa application and supporting documents at least 45 days before your current TN visa expires, as the processing time may vary depending on the workload of the USCIS. You will receive a receipt notice from the USCIS confirming the receipt of your new TN visa application and supporting documents and a decision notice from the USCIS approving or denying your new TN visa. If approved, you will receive your passport with a new TN visa sticker and a new I-94 form with your new TN visa validity date. If denied, you will have to leave the US immediately or seek another visa option for your US stay.
How to Apply for a Green Card or Permanent Residence on a TN Visa
A TN visa is a temporary, nonimmigrant visa that does not provide a direct path to a green card or permanent residence in the US. However, if you are a TN visa holder and you wish to apply for a green card or permanent residence in the US, you may be able to do so through one of the following ways:
- Apply for an employment-based green card. You can apply for an employment-based green card if you have a US employer who is willing to sponsor you for a green card and file a Form I-140, Immigrant Petition for Alien Worker, on your behalf. You will also have to meet the eligibility criteria for one of the employment-based green card categories, such as EB-1, EB-2, or EB-3, and submit a Form I-485, Application to Register Permanent Residence or Adjust Status, along with your Form I-140 and supporting documents. However, applying for an employment-based green card on a TN visa may be risky, as it may show that you have an immigrant intent, which is incompatible with the TN visa requirements. Therefore, you should consult with an immigration attorney before applying for an employment-based green card on a TN visa, and be prepared to face possible challenges or delays in your TN visa renewal or extension or your green card approval.
- Apply for a family-based green card. You can apply for a family-based green card if you have a US citizen or permanent resident spouse, parent, child, or sibling who is willing to sponsor you for a green card and file a Form I-130, Petition for Alien Relative, on your behalf. You will also have to meet the eligibility criteria for one of the family-based green card categories, such as an immediate relative, family preference, or special immigrant, and submit a Form I-485, Application to Register Permanent Residence or Adjust Status, along with your Form I-130 and supporting documents. Applying for a family-based green card on a TN visa may be less risky than applying for an employment-based green card, as it may not show that you have an immigrant intent, which is incompatible with the TN visa requirements. However, you should still consult with an immigration attorney before applying for a family-based green card on a TN visa, and be prepared to face possible challenges or delays in your TN visa renewal or extension or your green card approval.
How to Apply for US Citizenship on a TN Visa
A TN visa is a temporary, nonimmigrant visa that does not provide a direct path to US citizenship. However, if you are a TN visa holder and you wish to apply for US citizenship, you may be able to do so through the process of naturalization, which requires you to meet the following criteria:
- You must be a green card holder or permanent resident for at least five years, or three years if you are married to a US citizen.
- You must be physically present in the US for at least half of the required period of permanent residence.
- You must be continuously resident in the US for at least five years, or three years if you are married to a US citizen, without any breaks or trips longer than six months.
- You must be at least 18 years old at the time of filing your naturalization application.
- You must be able to read, write, and speak basic English unless you qualify for an exemption based on your age, disability, or education.
- You must have a basic knowledge of US history and government and pass a civics test unless you qualify for an exemption based on your age, disability, or education.
- You must be of good moral character and not have any criminal convictions or immigration violations that may disqualify you from naturalization.
- You must be willing to take an oath of allegiance to the US and renounce any other citizenship or allegiance that you may have.
If you meet the criteria for naturalization, you can apply for US citizenship by submitting a Form N-400, Application for Naturalization, along with your supporting documents and a fee of $725 USD to the US Citizenship and Immigration Services (USCIS). You will also have to attend a biometrics appointment, an interview, and a naturalization ceremony, where you will take the oath of allegiance and receive your certificate of naturalization. However, applying for US citizenship on a TN visa may be risky, as it may show that you have an immigrant intent incompatible with the TN visa requirements. Therefore, you should consult with an immigration attorney before applying for US citizenship on a TN visa. Be prepared to face possible challenges or delays in your TN visa renewal or extension or your naturalization approval.
The Takeaway
A TN visa is a great option for Canadian and Mexican professionals who want to work in the US temporarily. However, applying for and maintaining a TN visa can be challenging and complex, especially if you are not familiar with US immigration laws and procedures. Therefore, it is advisable to hire a TN visa lawyer to help you with your TN visa application or issue and guide you through the process. To find a reliable and experienced TN visa lawyer, you should follow the tips mentioned above and research before making a decision. A good TN visa lawyer can make a difference in the outcome of your case and your future in the US.
Conclusion
Obtaining a TN visa can be a complex process, but with the assistance of a TN visa lawyer, you can increase your chances of success. By understanding the requirements and benefits of a TN visa and the role of a TN visa lawyer, you can take the necessary steps to work in the United States as a Canadian or Mexican citizen.
