TN NAFTA (USMCA) Professionals

TN status is a nonimmigrant employment visa that permits qualified Canadian and Mexican citizens to temporary work in the U.S. This visa category is defined and enforced by the former North American Free Trade Agreement (NAFTA), now known as the U.S. – Mexico – Canada (USMCA) agreement.

REQUIREMENTSTN NAFTA (USMCA) Professionals

To qualify for an TN NAFTA visa, you must:


QUALIFYING NATIONALITY

Be a national of Canada or Mexico.


EMPLOYMENT

Have a full-time or part-time job offer from a U.S. employer, and the position should fall under one of the categories listed in USMCA (former NAFTA).


QUALIFICATIONS

Have qualifications to perform job duties, such as bachelor’s degree or its equivalent.
Applicants may request up to 3 years of stay in the TN status with a possibility for an extension. Canadian citizens may apply for admission at the border without a visa, while Mexican citizens will have to apply for a TN visa at a U.S. consulate prior to arriving in the U.S. Applicants can also apply for a change of status into the TN category from within the U.S. In this case, they will have to submit their applications with the U.S. Immigration and Citizenship Services (USCIS).

PROCESS & TIMELINE

OVERVIEW

On average, it takes 2 – 4 weeks for Bay Immigration Law to prepare a TN packet once all the documents and information are provided.

Depending on the particular position and applicant’s qualifications it may take longer to prepare a case. In general, the process is as follows:

INTRODUCTION

We have an introductory phone call and go over your plans, requirements, and the documentation/ information that will be necessary to proceed.

We send out an Engagement Letter establishing the Attorney-Client Privileged relationship, and outlining the legal and government costs for the preparation and filing of the case.

Once the Engagement Letter has been returned to us, we will make a formal request for documentation and information to begin preparation of the case.

NEXT STEPS

On a continuing basis, we work with you to collect the information and documentation to fulfill the submission requirements for the Forms, Letter of Support, and Packet.

Once the packet is complete, we prepare a digital copy and email it to you directly for printing and submission to the consulate or at the border, depending on your process.

ON COMPLETION

If you are attending a Consular Interview (only required for Mexican citizens), we will walk you through the process of booking a Consular Interview and will prepare you for the interview a week or two prior to the interview.

Contact

MAIN OFFICE
125 University Avenue, Suite 185, Palo Alto, CA, USA, 94301
E-MAIL
info@bayimmigrationlaw.com
TELEPHONE
+1 (650) 739-9111

FAQ

Can I apply for the TN visa if I am a permanent resident of Canada or Mexico?

No, you must be a citizen of Canada or Mexico to qualify under TN classification.

Can I be a contractor (as opposed to an employee) in order to work in the U.S. on a TN visa?

No, you must be a part-time or full-time employee to work in the U.S. under TN classification.

Does my job position have to perfectly match one of the categories listed in USMCA (former NAFTA)?

While USMCA requires the position to match one of the categories from its list, very few job titles have a perfect match. Our team has extensive experience with these applications, and we successfully help our clients to qualify under TN classification even if their position doesn’t perfectly fit into one of the listed categories.

Can I bring my spouse and children, and any other relatives?

Depending on their citizenship, your spouse and children under the age of 21 may be eligible to qualify as your dependents, known as TD status.

Will my dependents (spouse and children) be able to work?

No, a TD visa does not allow its holders to work in the U.S., but it does allow them to live, study and reenter the U.S. at any time for the whole validity period.

Can I extend my TN visa?

Yes, you can extend your TN status. Your employer will need to file an extension on your behalf form within the U.S. Canadians may also extend their visa at the border.

Can I change employers while I am working in the U.S. on my TN visa?

TN visas are employer-specific, which means you can only work in the U.S. for the employer named on your TN visa. If you would like to work for another employer, you will have to apply for a new TN visa application. If you leave your job before your visa’s expiration date, you have 60 days to find another employer, change your status or leave the U.S.

125 University, Suites 185 - 200, Palo Alto, CA 94301
info@bayimmigrationlaw.com

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