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TN Visa for NAFTA Professionals

WHO MAY QUALIFY FOR A TN VISA?

 

Citizens of Canada and Mexico may qualify for TN Visas.   When applying for a TN visa, an applicant should be able to demonstrate that the following conditions are met:

 

Visa Applicant is able to demonstrate he or she is a citizen of Canada or Mexico;

A U.S. employer has offered a job in the U.S.   Self-employment is not permitted;

The job offered in the US in on the NAFTA PROFESSIONALS LIST

Professional is able to demonstrate he or she is qualified for the profession

 

HOW LONG CAN A NAFTA PROFESSIONAL WORK IN THE U.S. on a TN VISA?

 

TN Visas are initially granted for three years, and may be extended in three-year increments.  Note though that TN visas are non-immigrant visas, meaning that TN visa a professional should be able to demonstrate that he or she wants to  eventually return to his or her home country.   Why is this important?  Because it means that at some point, US Citizenship and Immigration Services may decided not to extend the TN visa for someone who appears to permanently living in the US and has no plans to return to Canada or Mexico.   If the employer is interested in keeping the TN Professional in the US for a prolonged period of time or indefinitely, the employer should probably explore some other options, such as H-1B visa or employer-sponsored green card.

 

WHAT IS THE ROLE OF THE CORPORATE IMMIGRATION ATTORNEY IN THE TN VISA PROCESS?

 

Corporate immigration lawyers review facts of the case, advise employers on feasibility of proceeding with a specific visa, prepare documentation necessary for the application, and advise the employer throughout the visa application or extension process.

 

RESOURCES:

 

Department of State's TN Visa Summary