The TN visa is a non-immigrant visa category that allows eligible Canadian and Mexican professionals to work in the United States. It was established under the North American Free Trade Agreement (NAFTA) and is now governed by the United States-Mexico-Canada Agreement (USMCA).
The TN visa is designed to facilitate the temporary employment of individuals in certain professional occupations that require specialized knowledge and skills. It offers expedited processing and allows for a quicker entry into the United States compared to other non-immigrant work visas.
Key features and details about TN visas:
- Citizenship: To be eligible for a TN visa, the applicant must be a citizen of either Canada or Mexico.
- Profession: The TN visa is limited to specific professional occupations listed in the Appendix 1603.D.1 of the USMCA agreement. The list includes various fields such as science, engineering, computer science, teaching, research, accounting, law, and more.
- Qualifications: The applicant must possess the necessary qualifications and credentials required for the specific profession. This typically includes having a relevant degree, professional licenses, or experience in the field.
- Work Authorization: TN visa holders are authorized to work for a specific U.S. employer in the approved professional occupation.
- Dependents: Spouses and unmarried children under the age of 21 can accompany TN visa holders to the United States under the TD visa category. While dependents cannot work, they can attend school or college.
- Length of Stay: TN visa holders can be admitted into the United States for an initial period of up to three years. Extensions can be requested in increments of up to three years, and there is no maximum limit on the total duration of stay.
- Flexibility: Unlike some other work visas, the TN visa does not have strict numerical limitations or require a labor certification process.
It's important to note that the TN visa is a temporary non-immigrant visa, which means it is not intended as a path to permanent residency or citizenship. However, TN visa holders can pursue other immigration options while in the United States if they wish to stay permanently.
Navigating the TN visa process can be complex, as it requires meeting specific eligibility criteria and providing thorough documentation. The Immigration Law Firm of Marcin Muszynski, Esq. can assist you in preparing a strong and compelling petition.