The TN Visa, additional option for qualified Canadian and Mexican citizens
Kyle Huffman • August 18, 2022
Requirements for the TN visa for Canadian and Mexican NAFTA Professional Workers
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The United States’ immigration system has visa options from A to Z. With so many different types of visas available, it can be overwhelming searching for the best visa option. One visa option available for qualified Canadian and Mexican citizens seeking to work temporarily in the United States is the TN visa.
The TN visa is a result of NAFTA, the North American Free Trade Agreement. NAFTA provides special economic and trade relationships between the United States, Mexico, and Canada. The TN classification permits qualified Canadian and Mexican professionals to come to the United States temporarily to render professional services for a U.S. business.
So, who is qualified for a TN visa?
The first requirement is to be able to show proof of Mexican or Canadian citizenship.
Without citizenship in either of these countries, an individual will not be eligible to request TN classification. In addition to proving citizenship from a qualifying nation, TN applicants are required to show that they are entering the United States to render professional services. This evidence can often be in the form of a signed letter from the United States employer detailing the position and its requirements. Self-employment is not permitted as the basis for a TN visa.
Finally, an applicant for a TN visa will have to show that the position they are coming to work in is a ‘profession’ according to the definition presented by NAFTA. The complete list of professions eligible for TN status can be found here. Some of the professions listed include Accountants, Architects, Engineers, Economists, Graphic Designers, Lawyers, Social Workers, and a variety of different professions within education, medical professions, and scientific research. What nearly all of these professions have in common is that they require, at a minimum, a bachelor’s degree in a relevant field. For Mexican and Canadian citizens with a job offer for a professional position in the United States, and the ability to prove they are qualified, the TN visa is an excellent option to secure a temporary visa to live and work in the United States.
While TN visas are available to both citizens of Canada and Mexico, there are some key differences in the procedure of requesting a TN visa depending on if the Applicant is Mexican or Canadian. For citizens of Mexico, they are required to request admission to the United States in TN status prior to their entry. However, for Canadian citizens, they have the option to request TN status directly at the U.S. Port of Entry, without having previously applied for TN status.
If you believe you can meet the requirements for a TN visa, or if you have any questions about what this topic means for you, please schedule a consultation with one of our experienced attorneys.
We look forward to working with you.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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