TN Visa

The first step in an approved TN visa is ensuring that the position offered meets the corresponding USMCA professional classification requirements.

TRADE NAFTA (TN) VISA

TN visas are non-immigrant visas, meaning they are temporary. These visas are utilized for professional-level U.S. employment for qualified Canadian and Mexican nationals.

TN visas are for both full-time and part-time jobs. Additionally, TN holders may have multiple TN visas if they have more than one eligible employment opportunity. A wide range of professions qualify under the regulations, each having its own education and experience requirements. Some professional categories require that the applicant possess a 4-year Licenciatura (MX)/Baccalaureat (CA) degree.

Other professional categories only require some higher education coursework coupled with practical and theoretical knowledge. Employers should keep in mind that the roles they offer should also be professional, justifying employing individuals with the necessary level of education for the TN visa. Like many visa processes, eligibility for the TN visa is dual-sided in that the offered position and the applicant must each meet the criterion for eligibility.

TN visas are cap-free, and while they are nonimmigrant visas, there is no specific limit to the number of times TN status may be renewed. It is essential that you speak with our team before determining if this visa type is a good fit for your organization. Our experts will assess the position you are looking to fill and determine if it meets the definition of the corresponding professional category as set out in the TN regulations and policies.

TN APPLICATION PROCESS

01 Find an Attorney

Work with an attorney to develop a job description and identify proper TN classification.

02 File I-129 Petition for Nonimmigrant Worker

If an individual is already lawfully present in the U.S. on another visa, the employer may file an I-129 Petition for Nonimmigrant Workers from within the U.S. Once approved, the individual may begin employment.

03 Submit a DS-160 Application

If the individual is not present in the U.S., the DS-160 application and additional consular process steps must be completed. Canadian nationals need not complete the DS-160 and may proceed straight to a port of entry for a CBP officer to review their request for TN status.

04 Consular Interview

Attend consular interview to present supporting documents and answer questions about yourself as well as the position offered.

TYPICAL TN TIMELINE

1. Preparation
   – Several months before initiating the filing –
   Work with an attorney on position development and selection of proper classification.
2. I-129 Filing
   – Two or more months for adjudication –
   File I-129, Petition for a Nonimmigrant Worker with USCIS (processing time varies).
3. Consular Processing
   – Varies –
   Consular processing happens at the corresponding consulate/embassy in the applicant’s home country. Wait time for appointment varies depending on country conditions and consulate location. Cases requiring consular processing at a consulate or embassy in Mexico currently take several months to complete. Canadian nationals applying for entry in TN status can complete the process in as little as three weeks.

Consult with an expert immigration lawyer to ensure successful TN approvals.

It’s essential for both the employer and the foreign worker to ensure they meet all eligibility criteria, provide accurate information, and adhere to legal requirements throughout the application process to increase the chances of a successful TN visa application. Working with immigration and employment experts can open doors for additional opportunities. Our team’s extensive expertise allows us to combine legal and creative strategies to ensure successful immigration and employment.

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