The TN Visa (Trade NAFTA (North American Free Trade Agreement)) is a temporary nonimmigrant United States visa for professional workers from Canada or Mexico whose specific job occupations appear on the schedule under 1603.D.1 of NAFTA. The visa is especially attractive to Canadians because they can apply for the visa directly at any United States point of entry, whether it be a land border crossing or airport. As a result of this expedited application process and several other items, the TN Visa category can be an terrific possibility to the H1B Visa, assuming the individual applying meets the necessary requirements.
The individual applying for the TN must be a Canadian citizen (or Mexican) and present a valid passport. The job categories created by NAFTA generally require that the applicant have a bachelor's degree or post-secondary diploma or post-secondary certificate and three years experience. Some occupations, such as the management consultant, also accept years of experience in the field as an alternative to post-secondary schooling. Other occupations, such as those in the medical professions also require certain licensing, in addition to all the other requirements. Typically, the degree needs to be in a similar field or in an allied field as the occupation.
The first questions you should ask yourself to determine if you qualify for a TN visa, are as follows:
1. Is your job category on the NAFTA list?
2. Do you have the specific criteria for the job category?
3. Does the job category require someone in that professional capacity?
The process of applying for and acquiring the TN Visa for a Canadian citizen is one of the quickest application processes of all the U.S. employment visas. If the TN applicant is outside of the United States, a TN visa application must be submitted at a U.S. port-of-entry, whether it is at a land border or an airport. The applicant must show Canadian citizenship and how he or she meets the requirements for the TN profession. At a minimum, the supporting documents will probably include a transcript and diploma, a resume, referral letters from previous employers, and possibly even examples of previous work, if applicable. In addition, the TN applicant will need to show information pertaining to the position and details about the actual employer. This information should be conveyed in a detailed letter from the employer on the employer's letterhead describing the position and its responsibilities and information concerning the company. It may also be helpful to include additional information pertaining to the employer, such as financial documents, copies of a certificate of organization, copies of printouts from the company's website, company brochures, etc.
Some advantages of the TN visa, when compared to other U.S. visas, such as the H-1B visa or L-1 visa, are as follows:
1. The visa can be obtained immediately at a point of entry instead of having to submit an application ahead of time through the mail and waiting several weeks to months for an answer
2. There is no quota or potential for a lottery with the TN category, as there is with the H1b category
3. There is no cap on the years one may be in the TN classification, unlike the H1B or L-1 (although "temporary intent" may be questioned when you are approaching 6+ years)
4. Renewing the visa can either be done quickly at a port of entry or through the mail
5. The approval of a Labor Condition Application through the U.S. Department of Labor is not required, unlike with the H-1B
6. The TN Visa status may be available to some people who do not qualify for H1B status, for example those individuals who do not have a bachelor's degree or its equivalent
7. TN fees at a point of entry come to a total of $56, whereas H1b filing fees can be as much as $3,320 when the petition is submitted via premium processing and certain other factors exist
Since October 14, 2008, TN visas can be granted for a period of up to three years. In addition, extensions of stay in the TN visa status can be granted for up to three years. While there is no max on the number of years an individual may be in the TN status as there is with the H1B visa (6 years, unless certain other requirements are met), the TN visa is still a temporary nonimmigrant visa. With that in mind, increased scrutiny surrounding the temporariness of the job can come into play when one is at or close to 6 or more years in the TN status. Recently, there has been a higher level of scrutiny when renewing through the Vermont Service Center than there has been when applying at a port of entry.
As can be seen from above, the TN visa is highly beneficial to Canadian citizens. When considering a United States employment visa, a Canadian citizen should always consider the TN category as a potential visa option.
Douglas M. Lightman, Esq. is the principal and founding attorney of
Lightman Law Firm LLC, a boutique law firm with a focus on U.S. immigration law. As a result of Mr. Lightman's connection to Canada, the firm has a strong focus on U.S. immigration issues particular to Canadians, such as the
TN visa. Mr. Lightman assists many Canadians and other foreign nationals from all over the world, both inside the U.S. and outside the U.S. in navigating the ever increasingly complex world of U.S. immigration law. Please visit http://www.naftatn.com for more information.
