Visa Focus Friday: The TN Visa

Welcome to Visa Focus Friday, where we spotlight key employment-based visas in U.S. immigration.  Each week, we will provide insights into visa categories for foreign workers, helping to navigate the complexities of the immigration process.

This week, we are spotlighting the TN visa, an important visa category under the United States-Mexico-Canada Agreement (USMCA), formerly known as NAFTA.  The TN visa allows qualified Canadian and Mexican citizens to work in the United States in prearranged professional positions.

The TN visa is a valuable option for employers who need to hire professionals from Canada or Mexico quickly and efficiently.  This visa facilitates economic and professional exchange between the three North American countries, supporting vital business and employment needs.

Key Facts about the TN Visa:

Duration – The TN visa is typically granted for an initial period of up to three years and can be renewed indefinitely in three-year increments, provided the employment remains temporary.

Eligibility – Only citizens of Canada and Mexico are eligible for TN status.  Permanent residents of these countries are not eligible.

Qualifying Professions – The TN visa is available for a wide range of professions including engineers, scientists, accountants, teachers, medical professionals, and others as listed in the USMCA Appendix 1603.D.1.

Educational and Licensing Requirements – Applicants must meet the specific educational and licensing criteria associated with their professional category.

Employer Responsibilities:

When hiring a TN visa employee, employers must adhere to several critical guidelines:

Job Offer Letter – Employers must provide a detailed offer letter that outlines the professional position, duties, length of stay, and the employee’s qualifications.  This letter is a key component of the TN application.

Petition Filing – While Canadian citizens may apply for TN status directly at a U.S. port of entry, Mexican citizens must obtain a TN visa at a U.S. consulate before entering.  In both cases, employers may also choose to file Form I-129 with USCIS on behalf of the prospective employee.

Compliance – Employers must ensure that the position offered qualifies under the TN visa categories and that the employment remains consistent with the terms outlined in the original petition or job letter.

The TN visa is an efficient and flexible solution for companies seeking highly skilled talent from Canada and Mexico.  Understanding the eligibility criteria and documentation requirements is essential for a successful application.

Stay tuned for next week’s Visa Focus Friday, where we will highlight another key visa category within the U.S. immigration landscape.

We look forward to assisting you as you navigate the U.S. immigration process with confidence and clarity.

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].