Yes. If the Canadian citizen entered the United States in a different nonimmigrant visa category (i.e. visitor); was present in the United States in valid nonimmigrant status when the TN petition was approved; and a request for a change of status from the nonimmigrant status to TN status was requested, then the Canadian citizen could… Read More
TN Visa
How does a Mexican citizen obtain a TN visa?
The U.S. employer files a TN petition and a letter in support along with required documentation with the USCIS Vermont Service Center. Once the TN petition is approved by the USCIS, it is forwarded to the United States consulate in Mexico nearest the foreign worker’s foreign residence. The Mexican citizen completes form DS-160 online and… Read More
How does a Canadian citizen obtain a TN visa?
The U.S. employer files a TN petition and a letter in support along with required documentation with the USCIS Vermont Service Center. Once the TN petition is approved by the USCIS, the approval notice is forwarded to the U.S. employer. The U.S. employer forwards the approval notice to the foreign worker who, when physically entering… Read More
What is a TN visa?
A TN visa is issued to ‘professional’ by the USCIS (Canadian and Mexican citizens) or Customs and Border Protection (Canadian citizens) or United States embassy or consulate (Mexican citizens) and is valid for a maximum of 3 years.
When can the foreign worker begin employment in the United States?
If the foreign worker is outside the United States then s/he must obtain a TN visa before s/he will be admitted to the United States in TN status. If the foreign worker entered the United States in a different nonimmigrant visa category (i.e. visitor); was present in the United States in valid nonimmigrant status on… Read More
Does the U.S. company or individual have to be of a certain size in terms of employees or income?
No.
Can the foreign worker use the TN to work for multiple companies?
No. The foreign worker must obtain a TN visa for each U.S. company or individual that employs him or her.
Does the foreign worker have to have been employed full-time in the United States?
No. The foreign worker can be hired to work full-time or part-time.
What is a ‘professional’?
In order to be considered a ‘professional’ the foreign worker must possess the qualifications to practice the profession as evidenced by a college degree, license, membership or other relevant credential that establishes professional status as required by the North American Free Trade Agreement.
Does the position offered to the foreign worker have to be ‘professional’?
Yes. If the foreign worker is not employed in as a ‘professional’ pursuant to the North American Free Trade Agreement (NAFTA), s/he will not qualify for TN status.
