TN Visa Status: Free Trade Professionals
The availability of TN (Trade NAFTA) Visa status is the most dramatic immigration benefit of the North American Free Trade Agreement (NAFTA). The provisions of NAFTA pertain to Canadian and Mexican citizen temporary visitors, treaty traders, investors, temporary workers, and professionals. Millar & Smith Immigration Attorneys works with TN visa clients on a regular basis. CLICK HERE to contact us online, or give us a call at (206) 262-0561 or (604) 634-3769 to discuss your TN visa needs with experienced U.S. immigration lawyers.
The TN visa allows Canadian and Mexican citizens who are business visitors, treaty traders and investors, intra-company transferees, and professionals to work in the United States. Landed immigrants and non-citizens must apply for H-1B status. A person with TN status can live and work in the United States from one to three years and the status can be renewed at the end of that time. There is no ceiling on the total number of years a person with TN status can work in the United States, although it is unlikely that the USCIS will renew a TN Visa indefinitely. A TN Visa is also sometimes required for Canadian residents who travel to the U.S. for business purposes. The major advantages of TN visa status over H-1B status are:
• The number of renewals permitted is unlimited whereas H-1B status has a definite time cap.
• No forms, quotas or waiting periods are required.
• TN status can be obtained in person at the border instead of having to be submitted by mail as do most other visa applications.
• TN status is available to some people who do not qualify for H-1B status.
Applicants must provide evidence that the intended U.S. business activity and the applicant qualify under Schedule 2 of NAFTA. A list of professionals who qualify under Chapter 15, Schedule 2, of NAFTA is shown HERE along with permitted fields of activity, where these are limited.
The professional must be engaged in business activities at a professional level. The activity in question must be prearranged to be performed for a U.S. entity. According to the regulations, the "entity" may also be an individual. Self-employed professionals are precluded from obtaining TN status unless they can perform services for a U.S. entity. The USCIS has advised its field offices that E-2, treaty investor classification may be the appropriate alternative for these types of Canadian professionals.
The nature of the work to be done for the U.S. employer by the applicant must be fully detailed in a letter from the U.S. employer, with all possible supporting documentation. TN status is granted for only one employer at a time for a specific type of work. For multiple employers, multiple TN applications must be filed.
The applicant must be in one of the professions listed below. Also, with the exceptions noted in this list, the applicant must have a baccalaureate degree in that profession. No allowance is made for equivalent work experience, unless otherwise noted in the list. The degree must be recognizable as one required to practice in the applicant's profession and of the necessary level to qualify that person for the work to be done in the United States. In some cases, a baccalaureate degree and work experience are both required.
With the limited availability of H-1B visa numbers, the TN visa category can often be the sole nonimmigrant classification available for a Canadian or Mexican citizen to pursue a U.S. employment opportunity. Do not risk the denial of your TN visa application and the possible loss of a job, referral, or opportunity. Millar & Smith Immigration Attorneys assists employers with TN questions, renewals and the drafting of appropriate company supporting letters. Let us review your case before you file. Once U.S. immigration denies a TN Visa application, it will become more difficult to obtain an approval.
Contact Millar & Smith Business Immigration Attorneys
We can analyze business opportunities and advise you whether you may qualify for a TN visa.
CLICK HERE to schedule a consultation
CLICK HERE to contact us by email
Call us at (206) 262-0561 or (604) 634-3769 to schedule time to speak with a TN Visa attorney. Our firm responds to inquiries as soon as possible. We can schedule a consultation regarding your case at your convenience.