TN Professional Worker Visa
Overview
TN status is available to Canadian and Mexican professional workers seeking a U.S. work visa when their occupation is on the List of Professional Occupations under the North American Free Trade Agreement (“NAFTA”). Application processes differ between Canadian and Mexican applicants. For Canadians, the TN application is the simplest and most efficient vehicle available to secure work authorization in the United States. Professionals in IT, engineering, consulting and finance regularly use the TN visa category with great success.
The essential elements of a TN visa application for Canadian citizens are:
- The applicant must be a Canadian citizen and have documented proof of citizenship: (i) Canadian passport; or (ii) Canadian citizenship card; or (iii) government issued photo identification and Canadian birth certificate;
- The applicant must have a job offer from a U.S. employer or, under certain circumstances, the applicant can be employed by a Canadian company that has an existing contract for services with a U.S. entity;
- The position must relate to the List of Professional Occupations, and must be considered U.S. business activities of a professional level; and
- The applicant must have the qualifications required to be considered a professional listed in the List of Professional Occupations. Applicants with diplomas and/or degrees earned from institutions outside the U.S. and Canada will require an accreditation of their credentials.
Please call our office if you require information about the TN visa application process for Mexican citizens.
Application Procedures for Canadians
New applications for TN status are processed in person at any major U.S. port of entry (land border or international airport). Renewal applications may be filed either at a U.S. port of entry or a by mail at an Immigration Service Center within the United States.
It is highly recommended that applicants for TN status carry with them comprehensive supporting documentation. An application prepared by our firm typically consists of (1) a cover letter outlining the application and demonstrating the applicant’s eligibility for the TN visa, (2) a notice of representation (authorizing our firm to represent the applicant with Immigration), (3) proof of Canadian citizenship, (4) a job offer letter as drafted by our firm, (4) evidence of the applicant’s credentials for the position as required under the List of Professional Occupations, (5) the applicable filing fee, and (6) any other relevant evidence determined by one of our Attorneys.
Filing Fees for Canadian Applicants
Apart from some limited exceptions, the following filing fees apply to all applications for TN status:
- Filing fee of $50.
- I-94 fee of $6. Applications made at an international airport are exempt from this fee, as it is already included in the price of an airline ticket.
Unique fees - Additional government fees are required for:
- Renewal applications filed by mail at an Immigration Service Center within the U.S.;
- Cases that require premium processing; or
- Applicants requiring an accreditation of their credentials.
Timing
An individual cannot start working until their TN visa is approved.
Regular Processing – Applications filed in person at a major U.S. port of entry are adjudicated on the spot. Renewal applications filed by mail with Immigration usually take two to three months for adjudication.
Premium Processing – A renewal application filed with Immigration by mail can be adjudicated in 15 calendar days with payment of an extra US $1,000 to the Immigration Service. Please note that while premium processing takes a maximum of fifteen calendar days, the Immigration Service may request additional evidence and this can extend processing times beyond 15 days.
Duration of the Visa
TN visas are valid for up to a period of one year and, in most circumstances, can be renewed indefinitely. For certain categories, renewals becoming increasingly difficult as time passes. Please contact our office for further information.
Family Members
The spouse and children (under the age of 18) of a TN visa holder may obtain TD (Trade Dependent) visas. There is no requirement that TD dependents be Canadian or Mexican citizens, though non-Canadian citizens will be required to secure a formal visa at a U.S. Consulate/Embassy prior to admittance to the United States.
A TD spouse or child is not authorized to work while in the U.S. unless they obtain independent visa status that authorizes employment. Dependents in TD status may attend school in the U.S. on either a part-time or full-time basis.
Accreditation of Academic Credentials
The academic requirements specified in the List of Professional Occupations under NAFTA must have been earned at an accredited college or university in Canada or the United States.
If an applicant’s academic degree or diploma was not earned at a college or university in North America, then the individual must have their qualifications accredited. Accreditation is the process by which a person’s academic credentials are determined to be the equivalent of a degree or diploma earned at a college or university in Canada or the United States.
Our law firm uses a third party service provider that is recognized by the Immigration Service as a reliable credentials evaluation service which specializes in accrediting foreign educational qualifications.
List of Professional Occupations eligible for TN status under NAFTA
If your occupation does not appear in the following list, please contact our office to speak with an Attorney about possible solutions and alternative visa options.
The following table outlines the professional occupational categories found under Appendix 1603.D.1 of NAFTA. For your convenience, an additional column beside each occupation shows the minimum educational/experiential requirements listed under NAFTA. Please note that the degree or diploma must either relate directly to the profession or be in an allied field where the connection between the profession and position can be established.
Our table is divided into Most Commonly Used Occupations, Medical/Allied Professionals, and Science-Related Occupations.
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