TN Visa – Work Visas for Canadian and Mexican Citizens
If you’re a Canadian or Mexican citizen, you may be eligible for a TN visa. But what, exactly, is this visa for – and how do you get one? Plus, if you already have one, how do you go from a TN visa to green card status?
This guide explains everything you need to know.
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Angela D. Warren
With more than 20 years of immigration and business immigration experience, Angela Warren has helped hundreds of individuals, families and businesses.
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What is a TN Visa?
A TN visa is a special nonimmigrant visa that allows Canadian and Mexican citizens to work in the United States for a specific period of time. To be eligible for a TN visa, you must have a job offer from a U.S. employer in an occupation that is listed on the NAFTA list of professions.
About the TN Visa (NAFTA Visa)
The TN visa, or NAFTA, provides Canadian and Mexican citizens with temporary residential status for work at a professional level. Although TN visas are temporary, usually lasting three years, they are relatively easy to obtain and extend. These visas do not need advanced approval from the U.S. Citizenship and Immigration Service (USCIS). It is usually preferable to an H-1B temporary work visa.
This is an excellent opportunity for Canadian and Mexican professionals to live and work in the United States. Many Canadian and Mexican citizens and San Francisco employers take advantage of the “Trade NAFTA” or TN visa.
At the most basic level, in order to qualify for a TN visa, the applicant must:
- Be a Canadian or Mexican professional
- Be a qualified professional whose occupation is listed in the NAFTA list
- Have pre-arranged a full time or part time job with a U.S. employer
While holding a TN visa, a TN professional must keep a residence abroad which he or she intends to return to when their TN visa expires. The spouse or children of a TN professional may accompany or follow-to-join as dependents in “Treaty Dependent” status.
Who Qualifies for a TN Visa?
To officially qualify for a TN visa, you must:
- Be a citizen of Canada or Mexico
- Have a job offer from a U.S. employer in an occupation that is listed on the NAFTA list of professions
- Meet the specific requirements for that particular profession
- Intend to work in the United States for a temporary period of time
- Have a valid passport
- Have proof of your qualifications, such as a diploma, degree, license and an evaluation of your professional credentials
How to Get an TN Visa (NAFTA Visa)
To start the process of obtaining a TN visa, contact Warren Law Firm to schedule a consultation. By reviewing the TN professional’s resume and job description ahead of the call we can make the most of our time and determine how to proceed.
The TN visa process can take 30 to 90 days to be finalized. Although the process is fairly straight-forward, working with an immigration lawyer like Angela Warren can help improve the likelihood of approval. During your consultation, we will discuss:
- Your professional qualifications
- The requirements of your specific occupation
- How to gather the necessary documentation
- What fees are associated with the TN visa application process
Applying for a TN Visa
To help you apply for a TN visa, your attorney will:
- Review your qualifications to ensure you are eligible for a TN visa
- Gather all the necessary documentation, including proof of your qualifications, a job offer from your U.S. employer, and evidence of your intent to work in the United States for a temporary period of time
- Prepare and file the TN visa application on your behalf
- Help you schedule and prepare for your interview with a consular officer, if necessary
- Respond to any requests for additional information from the USCIS or the consulate
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List of Some NAFTA Professions
Here’s a shortened list of some of the NAFTA professions that qualify you for a TN visa:
- Accountant
- Architect
- Computer systems analyst
- Economist
- Graphic designer
- Hotel manager
- Industrial designer
- Interior designer
- Management consultant
- Mathematician
- Scientist
- Technical writer
- Urban planner
- Vocational counselor
There are over 60 professions that qualify for a TN visa. For a complete list, please consult the NAFTA occupation list.
Help Getting a TN Visa
Angela Warren and her team at Warren Law Firm have over 20 years of experience obtaining visas for those who qualify, including NAFTA visas also known as TN visas. Warren Law Firm works with people from all around the world to find the right visa solution for their needs, including, but not limited to:
- Business persons and managers
- Engineers and economists
- Dentists and other medical professionals
A San Francisco immigration attorney like Angela Warren can be a great advantage for people who want to live or work in San Francisco using a TN visa, or for San Francisco companies wishing to obtain a TN visa for one of their potential employees.
How to Change Your TN Visa to Green Card Status Through Employment
It’s not easy to change your TN visa to green card status using employment based immigration. You absolutely need a lawyer familiar with the legal complications that can arise when changing a TN visa to green card status.
This process includes getting a job in the U.S., having an immigrant petition submitted in your name, and then either getting your status adjusted from TN Visa to green card holder while still in the U.S. or completing consular processing in your nation of citizenship.
Step 1: Determine Eligibility for Self-Petitioning for an Immigrant Visa
You can self-petition if you qualify for the EB1A visa or the EB2 NIW (National Interest Waiver). If you don’t meet the requirements for either, then proceed to Step 2. If you do, you can petition for yourself using Form I-140.
Step 2: Get an Employer to Sponsor Your Immigrant Visa
Get a job offer in the U.S. from someone willing to sponsor your green card application. Once you’ve secured a job offer, your employer has to go through several steps of their own which will result in filing Form I-140 with USCIS. Your employer needs to then file the required paperwork to support your petition. For almost all employment-based petitions a Labor Certification (PERM) is necessary.
Step 3: Filing Form I-140 (Immigrant Petition for Alien Worker)
You should never file a Form I-140 on your own. You should always have an experienced immigration attorney file this for you, especially if you are trying to go from a TN visa to green card. Once approved, the immigrant visa petition shows that you qualify for the green card through the permanent position offered by your employer or through your self-petitioning qualifications.
Step 4: Apply for Your Green Card
- Adjustment of Status: If you’re within the U.S., you’ll have to file a Form I-485 to adjust your status to green card holder.
- Consular Processing: If you’re outside the U.S. instead, you’ll need to undergo consular processing at the U.S. embassy or consulate in your country of citizenship to get your green card.
Step 5: Complete the Next Steps
- Adjustment of Status: In the U.S., you will submit your proof of having obtained the necessary medical exam and vaccines to USCIS.
- Consular Processing: If abroad, you must submit proof of your medical examination and vaccines to the U.S. embassy or consulate in your country of citizenship.
Step 6: Attend an Interview
- Adjustment of Status: You could have an interview with the USCIS if necessary.
- Consular Processing: You will have an interview at the U.S. embassy or consulate.
Step 7: Get Your Green Card
- Adjustment of Status: Once approved, your green card is mailed to you.
- Consular Processing: Once you are approved and cleared at the port of entry, you can stay in the U.S. as a permanent resident. Your physical card will be mailed to you.
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How to Change Your TN Visa to Green Card Status Through Marriage
It’s not easy to change your TN visa to green card status using marriage-based immigration either. To avoid denials and potential legal issues, you need a lawyer familiar with the proper legal procedure of changing a TN visa to green card status.
To go from a TN visa to green card status through marriage, you must meet certain eligibility requirements:
- Legal Marriage: You must be legally married to either a citizen of the U.S. or a green card holder.
- Proof of Genuine Marriage: You need to prove your marriage isn’t just to get a green card. Any evidence will do, but financial records and shared leases are harder to fake than pictures.
- Legal Entry and Status: You’ll need to be within the U.S. or otherwise eligible for consular processing outside of the U.S.
Step-by-Step: TN Visa to Green Card Through Marriage
Changing your TN visa to a green card through marriage enables you to potentially become a permanent U.S. resident based on your marital relationship with a U.S. citizen or green card holder. Here’s what you need to do to make that happen:
Step 1: Your Spouse Must File Form I-130
Your U.S. citizen or green card-holding spouse will need to file Form I-130 with USCIS. This form proves that your marriage is bona fide and that you’re therefore eligible for a green card. Make sure to include supplementary documents such as your marriage certificate and evidence of your spouse’s status. Your immigration attorney will let you know exactly what kind of supportive evidence and documentation you will need.
Step 2: Wait for Visa Approval
Once your Form I-130 is filed, you need to wait for the USCIS to approve it and for a visa to become available. There is no visa caps for spouses of U.S. citizens so you will not need to wait for a visa number. If your spouse is a permanent resident, you’ll instead need to wait for a visa to become available.
Step 3: Apply for Green Card
- Adjustment of Status – If You’re in the U.S.: File Form I-485 to adjust your status into that of a green card holder.
- Consular Processing – If You’re Outside the U.S.: Apply for your green card via consular processing at a U.S. embassy or consulate.
Step 4: Complete the Next Steps
- Adjustment of Status: In the U.S., you will submit your proof of having obtained the necessary medical exam and vaccines to USCIS.
- Consular Processing: If abroad, you get your medical examination and vaccines and submit proof of this to the U.S. embassy or consulate in your country of citizenship.
Step 5: Attend an Interview
- Adjustment of Status: You could have an interview with the USCIS if necessary.
- Consular Processing: You will have an interview at the U.S. embassy or consulate.
During the interview, you will have to answer questions about your relationship so the officer can determine if it is genuine.
Step 6: Get Your Green Card
- Adjustment of Status: Once approved, your green card is mailed to you.
- Consular Processing: Once you are approved and are cleared at the port of entry, you can stay in the U.S. as a permanent resident. Your physical card will be mailed to you.
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Frequently Asked Questions About TN Visas
Check out these common questions about TN visas. If you don’t see the answer to your question here, please call our office to schedule a consultation. We’ll get you the answers you need.
Can Your Family Come to the United States if You Have a TN Visa?
Your spouse and any unmarried children under the age of 21 can come to the United States with you on a TN visa. They will need to apply for a “Treaty Dependent” visa, also known as a TD visa.
What is the Difference Between a TD Visa and a TN Visa?
A TD visa is very similar to a TN visa, but there are a few key differences. For example, TD visa holders:
- Are not allowed to work in the United States
- Are not required to maintain a foreign residence
- May attend school or college in the United States, but may not engage in full-time study
How Long Can You Stay in the U.S. on a TN/NAFTA Visa?
You can stay in the United States for up to three years on a TN visa. If you want to stay in the country longer, you will need to apply for an extension.
What Happens if Your Job Ends While You Are in the United States on a TN Visa?
If you lose your job while you are in the United States on a TN visa, you will be required to leave the country. You may not switch to another type of visa while you are in the United States.
Can You Change Jobs if You Have a TN Visa?
You can change jobs if you have a TN visa. However, you will need to notify U.S. Citizenship and Immigration Services (USCIS) of your change in employer and obtain a new labor condition application from your new employer.
Can You Extend Your Stay on a TN Visa in the U.S.?
Yes, you can extend your stay on a TN visa. To do so, you will need to file an application for an extension with USCIS before your current visa expires.
What Happens if You Want to Apply for Permanent Residence While You Are in the United States on a TN Visa?
If you want to apply for permanent residence while you are in the United States on a TN visa, you will need to leave the country and apply for a green card through consular processing. You will not be able to adjust your status from a TN visa to a green card.
Where Do You Get a TN Visa if You’re a Canadian Citizen?
If you are a Canadian citizen, you can apply for a TN visa at the border or airport when you are entering the United States. You will need to have all of the necessary documentation with you, including a job offer letter and proof of your qualifications.
Where Do You Get a TN Visa if You’re a Mexican Citizen?
If you are a Mexican citizen, you will need to apply for a TN visa at a U.S. consulate in Mexico. You will need to have all of the necessary documentation with you, including a job offer letter and proof of your qualifications.
How Long Does it Take to Get a TN Visa?
The processing time for a TN visa varies depending on the consulate where you apply. Some consulates may issue your visa on the same day that you apply, while others may take up to two weeks. If you arrive in the U.S. seeking this type of visa, the official at your border crossing may make a decision on the spot.
Do You Need to Talk to an Immigration Attorney About Getting a TN Visa or Changing Your TN Visa to Green Card?
If you’re thinking about getting a TN visa or if you can change your TN visa to green card status, we may be able to help you. Call our office today to schedule a consultation with a caring, experienced immigration attorney who can evaluate your needs and help put you on the right path. We can explain your options when it comes to using a TN visa, as well as discuss how to bring your family members with you. We’ll be with you every step of the way.