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TN Work Visa for Canadians and Mexicans

Work Visa Attorney in Arizona

TN “Trade NAFTA” classification is available to qualified Canadian and Mexican citizens pursuant to the North America Free Trade Agreement (NAFTA). Although NAFTA has been replaced by the U.S. Mexico Canada Agreement (USMCA), the TN work status categories and requirements have remained the same. TN status is granted up to three years at a time. Currently there is no limit to TN stay in the U.S. However, an individual in TN status must maintain an intent to return to his or her home country. Thus, it is wise to consider changing to H-1B prior to the commencement of any permanent residence process.

Who is eligible for TN classification?

TN status is available only to citizens of Canada and Mexico. TN applicants must be offered a temporary position in one of the professions listed in Appendix 1603.D.1 to Annex 1603 of the NAFTA. The list of professions includes, among others, Engineer, Computer Systems Analyst, Accountant, and Scientific Technologist. Most of the listed TN professions require a minimum of a bachelor’s degree in the specialized field, but in contrast to the H-1B category, work experience equivalent to a degree is not typically recognized.

How is a TN application processed?

The TN application process cannot begin until the offer of employment is made and accepted. Although the TN classification is available to Canadian and Mexican nationals, the application process and timing is different for each.

Canadian applicants: Canadians can apply for admission to the United States in TN status at a U.S. port-of-entry or pre-flight inspection. The application consists of a letter from the employer describing the duties of the offered employment and how the position qualifies as a TN profession. The applicant must also present his or her educational documents to satisfy the education requirement for that TN profession. The application is reviewed by an officer as the Canadian is crossing the border to enter the U.S.
TN petitions for Mexican nationals: Mexican citizens can apply for a TN visa at one of the U.S. consulates in Mexico. The visa application must include a letter from the employer describing the duties of the offered employment and how the position qualifies as a TN profession. The applicant must also present his or her education documents to satisfy the education requirement for that TN profession.
TN petitions may also be filed with the USCIS by mail. The processing time varies between 3 to 5 months, and premium processing is available.

Can I extend TN status?

As with all work authorization status types, TN status must be renewed or extended prior to the expiration of the employee’s current TN status (evidenced by the expiration date of the I-94 admission record). Canadian nationals may make a new application for admission in TN status at a U.S. port of entry or pre-flight inspection. Upon reentry, the TN employee can be admitted for up to three more years of stay in TN status. Mexican citizens can renew a TN by applying for a new TN visa at a U.S. consulate.

Either a Canadian or Mexican may apply for TN extension by mail at USCIS. Once the TN extension request has been filed, the employee will have continued work authorization for up to 240 days or upon USCIS approval of the extension, whichever comes sooner.

Contact the Arizona Immigration Attorneys at JCL Immigration today if you are in need of TN Work Visas for Canadians and Mexicans.