Under the North American Free Trade Agreement, or NAFTA, certain professionals from Canada and Mexico can temporarily work in the United States. If you have questions about obtaining a TN visa, our experienced team of TN visa lawyers can give you the answers you need.
A TN visa is a temporary work visa only available to citizens of NAFTA countries (Canada and Mexico). It is a nonimmigrant visas for professionals whose occupations qualify under the USMCA’s list of approved professions. You must already have a job offer in the U.S. to be eligible for a TN visa.
TN visas are temporary, usually lasting three years, but they are relatively easy to obtain and extend. You can even change jobs with a TN visa. You will need to notify US Citizenship and Immigration Services (USCIS) and obtain a new labor condition application (LCA) from your new employer. Working with a TN visa lawyer can help you with this process.
While the TN visa process is relatively straightforward compared to other visa types, missteps can lead to denials, delays, or complications. A TN visa lawyer will:
To qualify for a TN visa, you must meet all these criteria:
There are two different processes, depending on whether you are a Canadian or Mexican citizen.
If you are a Mexican citizen, you must obtain a TN visa through a US embassy or consulate located in Mexico.
After your visa is approved, you can apply for admission in the United States at a port of entry, border crossing, or a designated pre-clearance or pre-flight inspection station.
Canadian citizens are not required to apply for TN visas at US consulates. Instead, Canadians may establish eligibility for this classification when they seek admission to the U.S. As a Canadian, you may present the required documentation to a Customs and Border Protection officer at certain ports of entry, or at designated pre-clearance or pre-flight inspection stations.
If this is the route you choose to take, you will need to provide the following documentation before entering the United States:
You do not have to present these documents at a border crossing if your employer has chosen to file a Form I-129 (Petition for Nonimmigrant Worker) on your behalf; you will only need proof of your Canadian citizenship and your approval notice from USCIS.
There are more than 60 professions that qualify for a TN visa. Some of these include:
Each profession comes with specific qualifications. If you’re not sure if your profession qualifies for this visa category, consult with a TN visa lawyer to review your eligibility before applying. You can also check the complete TN visa professionals list.
Although the TN visa is a nonimmigrant visa, USCIS understands that plans can change. If it’s been over 90 days since you entered the U.S. on a TN visa, you may be able to adjust your status to a green card holder. In most cases, you will need a sponsor. Here are some feasible pathways to become a lawful permanent resident:
Each pathway has its eligibility criteria, and the approval of your application may take months or years. If pursuing permanent residency is your goal, contact one of our TN visa lawyers. They can help you determine eligibility for any immigrant visa category to convert your TN visa to a green card.
The TN visa offers Mexican and Canadian citizens an incredible opportunity to work in the United States. With the support of an experienced TN visa lawyer, you can maximize your chances of success.
If you’re ready to begin the process—or need help extending an existing visa—our team at Jorge Munoz Law can assist you. Book your consultation with one of our highly skilled TN visa lawyers and take the first step toward your new career in the U.S.
