TN Visa - Nonimmigrant NAFTA Professional

NONIMMIGRANT WORK & STUDY VISAS:

TN Visa for Professionals: Guidance from Versfeld & Hugo LLC

The TN visa is a nonimmigrant visa that allows qualified Canadian and Mexican citizens to work in the United States in specific professional roles as outlined under the United States-Mexico-Canada Agreement (USMCA). If you are a professional from Canada or Mexico seeking to work in the U.S., the TN visa might be the right pathway for you. At Versfeld & Hugo LLC, our experienced immigration attorneys provide comprehensive legal support to help you navigate the TN visa application process. Contact us today to explore your options and get expert guidance.

What is a TN Visa?

The TN visa is available to Canadian and Mexican citizens who wish to work in the U.S. in certain professional occupations, including but not limited to lawyers, engineers, scientists, accountants, and teachers. The visa is granted for up to three years with the option for extensions, allowing professionals to engage in business activities at a professional level in the U.S.


TN Visa Requirements

To qualify for a TN visa, applicants must meet the following criteria:

  1. Citizenship: You must be a citizen of Canada or Mexico.

  2. Qualified Profession: Your occupation must be listed as an eligible profession under the USMCA regulations.

  3. U.S. Position Requirement: The position in the U.S. must require a NAFTA professional, as defined by the regulations.

  4. Prearranged Employment: You must have a prearranged full-time or part-time job with a U.S. employer. Self-employment is not eligible under the TN visa category.


Eligibility Criteria for Canadian Citizens

Canadian citizens can apply for TN status directly at a U.S. port of entry without the need for a formal visa. When applying, you will need to provide:

  • Proof of Canadian Citizenship: A valid passport or other proof of citizenship.

  • Employer’s Letter: A letter from your prospective U.S. employer detailing your job role, the professional capacity in which you will work, the purpose of your employment, duration of stay, and your qualifications.

  • Credentials Evaluation: If applicable, you may need to provide an evaluation of your educational credentials to confirm they meet the requirements for your profession.


Eligibility Criteria for Mexican Citizens

Mexican citizens must obtain a TN visa at a U.S. embassy or consulate in Mexico before entering the U.S. as a TN nonimmigrant. The required documentation includes:

  • For Canadian Citizens: Dependents do not need visas but must present proof of Canadian citizenship, proof of relationship to the TN visa holder (such as a marriage certificate or birth certificate), and copies of the TN visa holder’s entry documents at the port of entry.

  • For Mexican Citizens: Dependents must apply for TD status at a U.S. embassy or consulate in Mexico.


Dependents of TN Visa Holders

Spouses and unmarried children under the age of 21 of TN visa holders may be eligible for TD nonimmigrant status, allowing them to accompany the primary visa holder to the U.S.

  1. Petition Filing: The sponsoring U.S. religious organization must file Form I-129, Petition for a Nonimmigrant Worker, with USCIS on behalf of the applicant. The petition should include detailed evidence of the organization's nonprofit status, the applicant’s qualifications, and the nature of the religious work.

  2. Supporting Documentation: The petition must be accompanied by proof of the applicant’s membership in the religious denomination, the organization’s tax-exempt status, and evidence of the applicant’s intent to perform qualifying religious work.

  3. Consular Processing: Once the petition is approved, the applicant may apply for the R-1 visa at a U.S. embassy or consulate in their home country. The processing time can vary, and it is crucial to ensure all documentation is accurate and complete to avoid delays.


How Versfeld & Hugo LLC Can Assist with Your TN Visa Application

Navigating the TN visa process can be complex, but with the right legal support, you can ensure that your application is complete and meets all necessary requirements. At Versfeld & Hugo LLC, we provide:

  • Comprehensive Application Support: We assist in gathering all required documentation, including employer letters and credential evaluations, and ensure that your application is thoroughly prepared.

  • Personalized Legal Guidance: Our attorneys work closely with you to understand your unique situation and provide tailored advice to maximize your chances of a successful outcome.

  • Expert Representation: With extensive experience in handling TN visa cases, our team knows the intricacies of the process and how to effectively communicate with U.S. government agencies on your behalf.

  • Ongoing Support: Beyond the initial application, we offer assistance with extensions, renewals, and any other immigration needs you may have while in the U.S.


Contact Versfeld & Hugo LLC for Your TN Visa Needs

If you are a Canadian or Mexican professional seeking to work in the United States under the TN visa, or if you need assistance with any aspect of the TN visa process, contact Versfeld & Hugo LLC today. Our dedicated immigration attorneys are here to provide the guidance and support you need to navigate the TN visa process successfully. Schedule your confidential consultation with us and take the first step toward your professional goals in the United States. Let us help you bring your expertise to the U.S. with confidence and ease.