TN VISA STATUS


	LAW OFFICE OF AJAY K. ARORA 350 Fifth Avenue, Suite 1415A New York, NY 10118
	Phone:(212)268-3580 Fax: (212) 268-3582 Email: info@h1b1.com

Disclaimer: This article is not intended to establish an attorney-client relationship. All information contained herein is generalized. Any reliance on information contained herein is taken at your own risk.

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TN VISA FOR CANADIAN/MEXICAN PROFESSIONALS

Canadian and Mexican professionals are accorded special status under the North American Free Trade Agreement (NAFTA). TN stands for “Trade Nafta.” The requirements for Canadians and Mexicans wishing to enter under the TN Visa classification are different. This article focuses upon the grant of TN visas to Canadians; requirements for Mexican citizens parallel those of the H-1B Visa.

To qualify for TN status, an applicant must:

· Be a citizen of Canada;

· Have a professional degree or its equivalent;

· Be a professional eligible to receive the TN visa; and

· Have a job offer of professional employment from a U.S. employer. The current listing of professional occupations eligible for TN status can be found in the provisions of NAFTA at Appendix 1603.D.1.

The TN Visa is granted for one year, and can be renewed indefinitely for additional one year periods. The initial TN Visa is issued at a U.S. port of entry along the Canadian border with a request for TN status; proof of Canadian citizenship; the applicant’s college degree and employment records; a detailed letter from the applicant’s prospective U.S. employer offering a job included on the NAFTA list; a fee of U.S. $50. The spouse and unmarried, minor children of the principal applicant are entitled to derivative status (TD status), but they are unable to accept employment in the U.S.

The TN Visa is a nonimmigrant visa; the holder must maintain a nonimmigrant intent and a foreign residence. Under no circumstances should the duration of employment exceed one year, as this would disqualify the TN applicant. Moreover, each TN application must explicitly affirm the applicant’s intention to remain in the U.S. temporarily. Canadians can renew their TN status by returning to Canada to reapply at a port of entry with the same documentation that is required of their original application. Alternatively, they can file through the USCIS.

A person currently in TN status may wish to change status to H-1B if planning on obtaining a green card (permanent residency). H-1B visa status allows for intention to immigrate to the U.S. and will therefore not interfere with entries to the U.S. while the green card process is being adjudicated. As indicated elsewhere in our website, the green card process is normally initiated through the filing of an application for labor certification (commonly known as PERM).

Please contact our law firm if you have questions.

[Note: Please consult with an attorney specializing in Immigration & Nationality law for professional advice in specific situations.]

Ajay K. Arora, Esq., is a prominent member of the Immigration & Nationality bar in New York City and a member of the American Immigration Lawyers Association. He may be contacted at (212)268-3580.