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TN Visa Attorney in New Jersey

Nonimmigrant visa for Citizens of Canada and Mexico

The North American Free Trade Agreement which was entered into between the United States, Canada and Mexico created special economic and trade relationships for those countries. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals, to temporarily work in the United States for a specific employer.

Change of employment is permitted at any time by obtaining new TN status through the new employer. The change must be approved before new employment is started. Working for a new employer prior to approval is a violation of the TN visa terms and unauthorized presence will become an issue. Change of employment can be done from within the US or at a port of entry after a departure from the US.

To be eligible for a TN Visa, the U.S. employment must be in a profession listed in the NAFTA agreement (see appendix 1603.D.1) and the employee must have the required educational and/or employment credentials. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional, nor are self-employed professionals. A foreign national from Mexico or Canada can apply for this visa for an initial three year stay with unlimited three one year extensions. The professional must actually be coming to perform professional-level activities in the United States. With regard to the individual's qualifications, a bachelor's or higher degree is usually required, unless Appendix 1603.D.1 lists alternative qualifications. Equivalency to a required degree through a combination of experience and education will not be accepted for TN purposes; individuals in this situation must apply for H-1B status.

Requirements for Citizens of Canada and Mexico

For Canadians:

The major benefit for Canadian Professionals is that they are no longer subject to the numerical limitations of the H-1B. They are eligible for streamlined application processing at the border, with no limit on the number of visa extensions or reentries into the U.S. Nonimmigrant intent is still a consideration at the borders and can be grounds for entry refusal.

For Mexicans:

Mexican Professionals applying for TN status must have their employer file a petition for Nonimmigrant Worker and a Labor Certification as needed for the H-1B. The benefit of the TN Visa is that after the H-1B cap is reached, there are an additional 5,500 visas available for Mexicans. In addition, Mexicans can extend their stay in the U.S. beyond the H-1B six-year cap. Requirements for admission and authorized duration of stay vary for each of the following categories:

Who qualifies for TN visas?

A NAFTA TN visa allows professionals from Canada and Mexico to work in the U.S. if the following conditions are met by applicants:

  • They are a citizen of Canada or Mexico
  • Their profession is on the NAFTA list
  • The position in the U.S. requires a NAFTA professional
  • They will be working in a prearranged full-time or part-time job for a U.S. employer
  • They have the qualifications necessary for the profession

We Have Assisted Over One Thousand Clients

When looking to obtain a TN Visa for the United States, The Law Offices of Lloyd E. Bennett, Esq., P.C. have the skill and knowledge needed in order to properly prepare your application for approval by the USCIS. Our New Jersey immigration lawyer has helped thousands of people obtain visas since 1987 and has the immigration law experience to help you. Please contact us today for assistance.