1. What is the TN Visa?
The TN visa is a temporary nonimmigrant visa that allows citizens of certain countries to work in certain occupations in the United States. It is part of the North American Free Trade Agreement (NAFTA) and is only available to citizens of Canada and Mexico. The visa allows a foreign national to stay in the US for up to three years and can be extended indefinitely.
2. What are the requirements to qualify for a TN Visa?
To qualify for a TN Visa, applicants must:
1. Be a citizen of Canada or Mexico
2. Have a job offer from a U.S. employer in an occupation listed on the NAFTA list
3. Possess the necessary qualifications to perform the duties of the position offered
4. Intend to engage in employment activities at a professional level in the United States
5. Have the required documentation to establish that they are citizens of either Canada or Mexico
3. How long does a TN Visa permit me to stay in the U.S.?
The TN visa permits a stay of up to three years. It can be renewed for additional periods of three years.
4. Do I need a job offer from a U.S. employer in order to obtain a TN Visa?
Yes, you need a job offer from a U.S. employer in order to obtain a TN Visa. Additionally, the job offer needs to be in one of the occupations on the NAFTA approved list, and your job duties must fit the requirements for that occupation.
5. Do I need to obtain a new TN Visa each time I enter the U.S.?
No, you do not need to obtain a new TN Visa each time you enter the U.S. The TN visa is valid for multiple entries over a 3-year period, as long as the visa holder maintains his or her nonimmigrant status.
6. What documents do I need to apply for a TN Visa?
You must provide the following documents when applying for a TN Visa:
1. A valid passport
2. A completed nonimmigrant visa application form (Form DS-160)
3. A letter of employment from your employer in the U.S.
4. Evidence of your professional qualifications, such as a diploma or license
5. Proof of your employer’s ability to pay you (such as a letter from the employer’s accountant)
6. Evidence of the need for your services in the U.S. (such as a contract)
7. How long does it take to obtain a TN Visa?
The length of time to obtain a TN Visa varies depending on the individual case. Generally, it takes three to four weeks for a TN visa application to be processed.
8. Is there a fee associated with a TN Visa application?
Yes, there is a fee associated with a TN visa application. The visa application fee is $160 per person and must be paid in U.S. dollars with a valid credit or debit card.
9. Can I bring my family to the U.S. on a TN Visa?
No, TN Visas are for temporary employment and do not entitle the visa holder to bring family members to the U.S. The TN Visa holder is required to return to their home country periodically. The family members of a TN visa holder can apply for a B-2 (tourist) visa.
10. Can I change my status from another nonimmigrant visa to a TN Visa?
Yes, you can change your status from another nonimmigrant visa to a TN Visa. However, you must meet the eligibility requirements for the TN Visa and be able to demonstrate that you will be working in a position that is eligible for the visa.
11. What work activities are permissible with a TN Visa?
Work activities permissible under a TN visa include, but are not limited to, professional work in the areas of accounting, engineering, management consulting, scientific research, teaching and teaching. Additionally, certain activities related to marketing, sales and production may also be considered permissible.
12. What types of professions are eligible for the TN visa category?
The TN visa category is available to Canadian and Mexican citizens who are employed in certain professional occupations, including:
– Scientist
– Technology professional
– Accountant
– Engineer
– Architect
– Teacher
– Social Worker
– Management Consultant
– Medical/Allied Professional
– Lawyer/Paralegal
– Academic
– Graphic Designer
– Professional Chef
– Hotel Manager
13. Can I travel abroad while on my TN Visa?
Yes, you can travel abroad while on your TN visa. However, you must have valid documents, such as a valid TN visa stamp and/or I-94 card, to be able to re-enter the United States. Additionally, you may be required to obtain additional documents if you plan to stay outside of the US for more than six months.
14. Are there any fees associated with maintaining my TN Visa status?
No, there are no fees associated with maintaining your TN Visa status.
15. Are there any restrictions on accepting employment on the TN visa?
Yes, there are restrictions on accepting employment on the TN visa. The TN visa is limited to individuals working in certain professional occupations and the visa holder must have a job offer from a U.S. employer. The job offer must be in a specialty occupation that requires a minimum of a bachelor’s degree or equivalent experience in a related field. Additionally, the visa holder must have qualifications that are substantially equivalent to the requirements of the job offer and that are verifiable through documentation.
16. Can I change employers while on my TN Visa?
Yes, you may change employers while on your TN Visa. However, you must wait to begin working for the new employer until you have obtained a new TN Visa from the new employer.
17. How can I extend my stay in the U.S.?
The best way to extend your stay in the U.S. is to apply for an extension of stay with the U.S. Citizenship and Immigration Services (USCIS). Depending on the type of visa you have, you may also be able to file a petition for a change of status or apply to adjust your status. You must submit a completed application with the required documents and fees before your authorized stay period expires. It is important to remember that if your application is denied, you must leave the U.S. on or before the date specified on your Form I-94 or you may face deportation.
18. What are the consequences of overstaying my TN visa status?
If you overstay your TN visa status, you may be subject to fines, denied entry to the US in the future, or even be placed in deportation proceedings.
19. How long does it take to process an application for change of status or extension of stay in the U.S.?
The processing time for a change of status or extension of stay application can vary depending on the type of application, the type of visa, and the volume of applications that USCIS is currently processing. Generally, processing times can take anywhere from three to six months, but can sometimes take longer. It is best to check the USCIS website for the most up-to-date processing times.
20. Are there any restrictions on how many times I can renew my TN Visa status?
Yes, you are generally restricted to one period of stay in the U.S. every three years on a TN visa. This is known as the three-year bar. However, there are exceptions to this rule depending on your individual circumstances. If you have questions about your specific situation, it is best to consult an experienced immigration attorney.