TN VISAS

INTRODUCTION

A TN NAFTA Professionals visa classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. Tsang & Associates offers a complete consular visa service assisting companies and professionals in obtaining the TV visa. We also provide training for companies and individuals who would like to prepare the TN visa themselves. Our attorneys will assess your circumstances and assist you in meeting the requirements. Consultations are free and we look forward to speaking with you.


SERVICES

We will prepare an attorney cover letter along with all forms and supporting documents for the TN Visa application, including:

  • Mock consular interview training;

In short, we provide a start to finish service. Your case is safe with us until the case is complete. 

PAYMENT

Free Consultation 

$1500

*Legal Fees vary based on complexity of each case, and the above quoted price represents the amount we charge for a typical case. 


ADDITIONAL INFORMATION

Requirements:

  1. Applicant must be a citizen of Canada or Mexico;
  2. Applicant's profession must qualify under the regulations;
  3. Applicant's position in the U.S. requires a NAFTA professional;
  4. Applicant has a prearranged full-time or part-time job with a U.S. employer (but not self-employment);
  5. Applicant has the qualifications to practice in the profession in question;
  6. Applicant must intent to depart the U.S. upon completion of his/her authorized status.

Limitations:

  1. Initial period of stay is up to 3 years;
  2. If applicant desires to seek an extension of stay, they must either:
    1. Stay in the U.S. and have their employer file Form I-129 on their behalf;
    2. Depart from the U.S. before their status expires, and apply at a CBP-designated U.S. port of entry or at a designated pre-clearance/pre-flight inspection station using the same application and documentation procedures required at the time of initial application.

Benefits:

  1. Permission to work in the U.S. in a professional capacity;
  2. Indefinite renewal of status; there is no limitation on how many times the TN status may be renewed;
  3. Dependents of the TN petitioner may apply for a special TD status and accompany the applicant for the duration of his/her stay in the U.S.;
  4. Unlike H-1B applicants, TN applicants are not subject to an annual quota.

TN-1 Canadian Professionals:

  1. Canadian applicants are not required to apply for a TN visa at a U.S. consulate, they may establish eligibility at the time they seek admission by presenting the following documentation to a U.S. Customs and Border Protection (CBP) officer:
    1. Proof of Canadian citizenship;
    2. Letter from prospective employer detailing the professional capacity in which the applicant will work, the purpose of employment, length of stay, and educational qualifications;
    3. Credentials evaluation, together with any applicable fees;
  2. Alternatively, a prospective TN employer may choose to file on behalf of a Canadian citizen by submitting Form I-129 Petition for Nonimmigrant Worker to USCIS, such that the applicant provides the following documentation to a CBP Officer at certain CBP-designated U.S. ports of entry with the following:
    1. Proof of Canadian citizenship;
    2. Approval Notice from USCIS for Form I-129.

TN-2 Mexican Professionals:

  1. Mexican applicants are required to obtain a visa to enter the U.S. as a TN nonimmigrant;
  2. Mexican applicants should apply for a TN visa directly at a U.S embassy or consulate in Mexico.

TN FAMILY MEMBERS

The TN visa holder may bring his/her spouse and unmarried children under the age of 21 years.  They must file under the TD nonimmigrant status and will typically be granted the same period of stay as the TN visa holder. TD visa holders are not permitted to work while in the U.S., but are permitted to study full-time.

 Requirements: 

  1. The spouse or parent of the TD visa holder must continue to hold their TN status during the duration of the TD visa holder's stay;
  2. In order to extend the TD status, each family member must apply separately;

To obtain the TD status, individuals may petition by:

  1. Applying for the TD at a U.S. consulate in a foreign country; or
  2. Applying for a change of status if he or she is currently staying in the U.S. under a different visa classification.

CHECKLIST

We need the information below to provide you with an accurate consultation so we can best advise you. Please bring as much of the following as possible when you come in so we can get started right away.