Introducing the TN Visa, your golden ticket to employment in the U.S. Let’s get into the details of the TN Visa and understand about TN visa, TN visa categories, TN visa requirements, the application process, validity, etc.
What is a TN Visa?
The TN Visa is a non-immigrant work visa for citizens of Canada and Mexico. It allows them to work in the United States in specific professional occupations. The visa does not require a labor condition application, has lower fees compared to the H-1B visa, and has no numerical cap.
There are two types:
- TN-1 for Canadians
- TN-2 for Mexicans
Note: As TN visa provides temporary work authorization, visa holders must return to their home countries upon its expiration.
Types of TN Visa
Here are the types of TN visas and their corresponding nationality designations:
TN-1 Visa (Citizens of Canada):
- Available for Canadian citizens
- Allows Canadians to work in the United States in specific professional occupations
- Requires a job offer from a U.S. employer in an eligible TN visa occupation
- Temporary non-immigrant work visa
- No numerical cap or limit on the number of TN-1 visas issued
TN-2 Visa (Citizens of Mexico):
- Available for Mexican citizens
- Allows Mexicans to work in the United States in specific professional occupations
- Requires a job offer from a U.S. employer in an eligible TN visa occupation
- Temporary non-immigrant work visa
- No numerical cap or limit on the number of TN-2 visas issued
Note: Please note that specific requirements and regulations govern the TN visa program, and individuals must meet the eligibility criteria for their respective nationalities to obtain the appropriate TN visa.
TN Visa Requirements
Here are the requirements for obtaining a TN visa:
General Requirements
- Citizenship: The applicant must be a citizen of Canada or Mexico
- Job Offer: The applicant must have a job offer from a U.S. employer in an eligible TN visa occupation
- Temporary Intent: The applicant must demonstrate temporary intent to work in the United States and return to their home country upon visa expiration
Educational Requirements
- Degree or Credentials: The applicant must possess the minimum educational qualifications required for the specific TN visa occupation. This could include a bachelor’s degree, professional license, or relevant certifications.
- Occupation-Specific Criteria: Each TN visa occupation has specific educational or alternative requirements that must be met. These requirements are outlined in the TN visa regulations for each occupation.
Health Certification
- Medical Examination: The applicant may be required to undergo a medical examination to ensure they meet health and admissibility requirements. However, this requirement may vary depending on individual circumstances and the consular officer’s discretion.
Note: It’s important to note that the requirements and documentation may vary based on individual circumstances, the occupation being pursued, and the consular officer’s discretion. It is recommended to consult an experienced attorney for the most accurate and up-to-date information regarding TN visa requirements.
Application Steps for TN Visa
Here is a step-by-step process for applying for a TN visa:
Job Offer
Obtain a job offer from a U.S. employer in an eligible TN visa occupation
Confirm Eligibility
Ensure that you meet the requirements for the TN visa based on your nationality (TN-1 for Canadians, TN-2 for Mexicans) and the specific occupation you will be working in.
Gather Required Documents
Collect all necessary documents, which typically include:
a. Valid passport
b. Letter of employment offer from the U.S. employer, specifying the job title, duties, and duration
c. Proof of qualifications, such as educational degrees, certifications, or licenses
d. Documentation demonstrating your temporary intent and ties to your home country
e. Resume or curriculum vitae (CV)
f. Any additional supporting documents specific to your occupation
Complete Form DS-160
Fill out and submit the online nonimmigrant visa application form (Form DS-160) on the U.S. Department of State website. Ensure that you provide accurate and complete information.
Pay Application Fee
Pay the nonimmigrant visa application fee as applicable
Schedule Visa Interview
Schedule an appointment for a visa interview at the nearest U.S. embassy or consulate in your home country. Check the specific embassy or consulate’s website for their appointment scheduling procedures.
Attend Visa Interview
Attend the visa interview on the scheduled date. Be prepared to present your documents, answer questions related to your job offer and qualifications, and demonstrate your temporary intent.
Visa Decision and Passport Retrieval
Following the interview, you will be informed of the visa decision. If approved, your passport will be returned to you with the TN visa stamp.
Travel to the United States
Once you have your TN visa, you can travel to the United States and present your passport with the visa stamp to the U.S. Customs and Border Protection (CBP) officer at the port of entry.
How Can Kodem Law Help you?
Kodem Law specializes in immigration and non-immigration matters, including TN visa applications. We provide expert guidance and support throughout the entire process, ensuring all requirements are met for a successful application. With our experience and personalized advice, we make the complex TN visa process smoother and more manageable.
Frequently Asked Questions
Q1- What are the eligible occupations for the TN visa?
A- The TN visa occupation list includes professions such as engineers, scientists, teachers, computer systems analysts, management consultants, and more. The complete list can be found on the official U.S. government websites or the NAFTA/USMCA agreement.
Q2- Can I apply for a TN visa without a job offer?
A- No, a valid job offer from a U.S. employer is a requirement for obtaining a TN visa. You must secure employment in an eligible TN visa occupation before applying.
Q3- How long does the TN visa process take?
A- The duration can vary depending on factors such as the U.S. embassy or consulate’s workload and processing times. Generally, it takes a few weeks to a couple of months to complete the TN visa application process.
Q4- Can I change employers while on a TN visa?
A- Yes, you can change employers while on a TN visa. However, the new employer must submit a new TN visa petition on your behalf, and you will need to obtain approval before commencing employment with the new employer.
Q5- Can my spouse and children accompany me on a TN visa?
A- Yes, your spouse and unmarried children under the age of 21 may be eligible to accompany you to the United States under the TD visa category. They may study in the U.S., but they are not allowed to work unless they independently qualify for a work visa.
Note: It’s important to note that these answers provide general information, and individual circumstances may vary. It’s advisable to consult an experienced attorney for specific and up-to-date information regarding the TN visa.