USMCA (TN) Visa Attorney in Los Angeles, California
The North American Free Trade Agreement (NAFTA), established in 1994, created a trilateral trade bloc in North America. While its primary focus was on reducing trade barriers, it also included provisions to facilitate the movement of business professionals, otherwise called business immigration, across the borders of the member countries. These provisions led to the creation of specific visa categories for citizens of Canada and Mexico: the TN (Trade NAFTA) visa. It is now known as the United States–Mexico–Canada Agreement (“USMCA”), but the provisions are the same.
Whether you're an individual seeking to advance your career in the U.S. or an employer looking to hire skilled professionals from Canada or Mexico, understanding the intricacies of TN visas is key to achieving your goals. Are you looking to enter into the process of applying for a TN Visa? If so, then it's best to reach out to a Los Angeles immigration attorney. That's where I come in.
TN Visa: The Basics
The TN visa is a non-immigrant visa category that allows qualified Canadian and Mexican citizens to work in the United States in prearranged business activities for U.S. or foreign employers. This visa is designated for certain professional occupations listed in Appendix 1603.D.1 of the USMCA (formerly NAFTA), which includes a wide range of fields such as science, engineering, law, education, medicine, and finance.
Eligibility Criteria
To qualify for a TN visa, an applicant must meet the following requirements:
Citizenship: The applicant must be a citizen of Canada or Mexico.
Profession: The applicant's profession must be on the TN list of professions, which is much more restrictive than the list of "professions" recognized for other purposes.
Qualifications: The applicant must possess the necessary qualifications for the profession, typically a bachelor’s degree or higher, or appropriate professional credentials.
Job Offer: The applicant must have a prearranged full-time or part-time job with a U.S. employer. Self-employment isn't permitted.
Intent: The applicant must demonstrate a non-immigrant intent, meaning they intend to return to their home country, or at least leave the U.S., after the status expires.
Application Process
The application process for TN visas varies slightly for Canadian and Mexican citizens due to different procedural requirements when it comes to business immigration.
For Canadian Citizens
Canadian citizens don't need to apply for a TN visa at a U.S. consulate. Instead, they can request TN entry directly at a U.S. port of entry. The process involves presenting the following documents to a U.S. Customs and Border Protection (CBP) officer:
Proof of Canadian Citizenship: A passport is the most common form of proof.
Offer Letter: A detailed letter from the U.S. employer describing the professional position, the applicant's qualifications, the purpose of entry, and the length of stay.
Credentials: Evidence of professional qualifications, such as degrees, diplomas, licenses, or certifications.
Application Fee: The fee for processing the TN status request.
It is also possible for a Canadian to obtain an approval from U.S. Citizenship and Immigration Services (USCIS) for a TN petition filed by their employer. Although this is a more expensive proposition due to USCIS filing fees, in many cases presenting the approval notice at a U.S. port of entry makes the process go more smoothly.
For Mexican Citizens
Mexican citizens must apply for a TN visa at a U.S. consulate before entering the United States. The application process includes the following steps:
Complete the DS-160 Form: The online non-immigrant visa application form.
Schedule an Interview: An interview at a U.S. consulate is required.
Gather Documentation: Required documents include a valid passport, a photograph, the DS-160 confirmation page, the visa fee receipt, the offer letter from the U.S. employer, and evidence of qualifications.
Attend the Interview: During the interview, consular officers will assess the applicant's eligibility for the TN visa. If approved, the visa will be issued, allowing entry into the United States.
Mexican nationals in the U.S. in a different status may also have their employer file a petition with USCIS to change their status to TN. U.S. Consulates are not required to honor or recognize such approvals in making decisions on TN visas. However, Mexican nationals with change of status TN approvals from USCIS may use those approvals to travel to Mexico or Canada for periods not exceeding 30 days per trip, and return to the U.S. in TN status, without having to obtain a TN visa.
Duration and Extension
For Canadians, and Mexican nationals who change status to TN, the initial period of stay in TN status is up to three years. Due to a State Department policy known as "reciprocity," Mexican nationals normally get TN visas valid for only 12 months, and are not always admitted for a longer period. However, they can now obtain TN visas with 48 months' validity by opting to pay a higher visa fee (currently $357). The TN can be extended indefinitely in three-year increments, provided the employment and professional requirements are still met. TN nonimmigrants can apply for an extension either through their employer by filing Form I-129 with U.S. Citizenship and Immigration Services (USCIS) or by leaving the U.S. and reapplying at a port of entry or consulate.
Benefits of the TN Visa
The TN visa offers several advantages for professionals seeking to work in the United States:
Expedited Processing: The TN visa process is generally faster compared to other work visas, especially for Canadian citizens.
No Quota Limits: Unlike H-1B visas, TN visas aren't subject to annual caps or lottery systems, making them more accessible.
Flexible Employment: TN visa holders can work for U.S. or foreign employers and can engage in part-time or full-time employment.
Spouse and Dependents: TN visa holders can bring their spouse and unmarried children under 21 years of age to the U.S. under the TD (Trade Dependent) visa category. TD visa holders can study but aren't authorized to work. There is no requirement that a TD dependent be a national or either Canada or Mexico.
Common Challenges and Considerations
Despite its benefits, the TN visa process can present challenges and requires careful preparation. Here's some advice on what to prepare:
Documentation: Making sure all documentation is thorough and accurate is crucial. Incomplete or incorrect documents can lead to delays or denials.
Professional Qualifications: Applicants must clearly demonstrate that they meet the qualifications for their profession. This may require credential evaluations or translations for foreign degrees.
Non-Immigrant Intent: TN visa applicants must prove that they don't intend to immigrate permanently to the U.S. This can be challenging if there are indications of dual intent, such as family ties in the U.S., selling a residence in the home country, etc.
Job Offer Specificity: The offer letter from the employer must be detailed and specific about the job duties, qualifications required, and the professional category under NAFTA.
Transitioning to Permanent Residency
While the TN visa is a non-immigrant visa, some TN visa holders may eventually seek to transition to permanent residence ("Green Card"). This process requires careful planning to avoid violating the non-immigrant intent requirement of the TN visa. Several pathways to permanent residency include:
Employment-Based Green Card: TN visa holders may be sponsored by their employer for an employment-based green card (e.g., EB-2 or EB-3 category). This involves the PERM labor certification process and filing Form I-140 (Immigrant Petition for Alien Worker). In some cases, TN nonimmigrants may even be able to "self-petition" in the EB-1 or EB-2 "National Interest Waiver" categories. Because of the requiremnent of non-immigrant intent, timing is crucial in this process.
Family-Based Green Card: TN nonimmigrants married to a U.S. citizen or permanent resident may apply for a family-based Green Card.
Dual Intent Visas: Some TN visa holders may switch to a dual intent visa category, such as the H-1B visa, which allows for dual intent (seeking both temporary work status and permanent residence), and then process for permanent residence.
The TN visa offers a streamlined and flexible option for qualified professionals to contribute their skills and expertise to the U.S. economy. However, it's essential to approach the process with diligence and caution and, when necessary, seek the guidance of an experienced immigration lawyer to make sure a successful application.
Contact an Immigration Attorney Today
When you need an immigration attorney with experience in business law and estate planning, I've got you covered. I have a strong academic background and a deep commitment to education, earning my J.D. from Yale Law School. As your immigration attorney, I'll be dedicated to providing personalized legal solutions, emphasizing empathy and responsiveness. Fluent in English and Mandarin, I've represented clients in various federal courts and am known for my ability to handle diverse legal challenges with compassion and expertise.
Reach out to me today at the law offices of Paul D. Cass, Attorney at Law. I serve Los Angeles, Burbank, Inglewood, Glendale, Pasadena, and the communities of Los Angeles County, Orange County, Riverside County, San Bernardino County and San Diego County.