A basic overview of the visa is provided here. If you have further inquiries as to the application process or whether or not this is the correct route for your needs, please don't hesitate to contact us.
The TN Visa is a special nonimmigrant visa category established under the North American Free Trade Agreement (NAFTA) to enable Canadian and Mexican citizens to be admitted to the United States for engagement in what USCIS describes as “business activities at a professional level.”
To establish eligibility for a TN visa, it must be proven that:
- The applicant is a Canadian or Mexican citizen.
- The profession is on the NAFTA List.
- The applicant has a valid job offer from a U.S. employer.
- The individual possesses the required licenses, degrees and/or experience necessary to perform the approved occupation.
- The individual intends to depart the U.S. upon completion his or her authorized stay.
Tips for the Successful TN Visa Petition
The following considerations are of significant importance for all prospective TN visa applicants in crafting the successful petition:
- The employer support letter should be on company letterhead with the original signature of each employer, and should contain all of the following:
- The TN category.
- A description of the employer and its business.
- A detailed description of proposed position's duties.
- The applicant's qualifications and eligibility for the position.
- The proposed compensation for the position.
- The length or period of the beneficiary's offered employment.
- The applicant should be familiar with the employer support letter's contents, which should accurately reflect the position offered. Customs and Border Protection (CBP) officers will frequently request that applicants orally explain their duties without allowing the letter's review. This often leads to issues when there are significant inconsistencies with the individual and the letter's descriptions.
- An applicant should always notify his or her employer of the likelihood that CBP will attempt to contact them and verify the proffered position as well as duties and other conditions of the employment. It is recommended that employer's keep a copy of the employer support letter and are available for this phone-call from CBP.
- First time TN visa applicants must bring original degree(s), certificate(s) and transcripts, as well as their accredited evaluation and Enlish language translation if obtained outside of North America.
- Spouses and/or children applying as dependents must present original marriage certificates, birth certificates and adoption records if applicable.
- The applicant must have a passport that will be valid for the entire period of the proposed stay. If this is not the case, CBP agents may limit the visa's duration to the expiration date of the passport.
- Regarding the temporary nature of the visa, it is necessary that the applicant provide proof of ties to his or her home country as evidence that the individual has no intent to permanently reside in the U.S. Such documentary proof may include recent foreign bank statements, utility bills, deeds, mortgage statements, car registrations, insurance plans, tax returns and/or family ties.
- As always, an applicant should avoid intentionally making false statements. Violators will face fraud or misrepresentation charges and could be made subject to long-term bars of entry into the U.S. if found to be guilty.
- Applicants should ensure that information available on the internet does not contradict the TN application. For example, applicants should not update their online public profiles, such as a LinkedIn account, to indicate that they now work for the TN employer even though they have not yet obtained TN status. A blunder such as this could lead to accusations of unauthorized employment.