Get started with your TN Work Visa

What is a TN visa?

The TN visa is a non-immigrant work visa created under the North American Free Trade Agreement (NAFTA), now governed by the United States-Mexico-Canada Agreement (USMCA). It allows qualified Canadian and Mexican citizens to work in the United States in specific professional occupations. Unlike many other work visas, the TN offers a relatively streamlined application process and can be renewed indefinitely in three-year increments with no maximum limit on total stay.

The TN visa's unique features make it an attractive option for eligible professionals. It doesn't require employer sponsorship through a petition process like H-1B visas, there's no annual cap limiting the number of visas issued, and the application process is generally faster than other work visa categories. For Canadians, the process is even more straightforward, as they can apply directly at the U.S. border without needing a visa stamp.

While the TN visa doesn't lead directly to permanent residency, its flexibility and renewable nature make it a valuable option for Canadian and Mexican professionals looking to work in the United States for extended periods.

Requirements for a TN visa

To qualify for a TN visa, you must meet several specific requirements:

1. Citizenship: You must be a citizen of Canada or Mexico (permanent residents of these countries do not qualify).
2. Qualifying Profession: Your job must be on the USMCA's list of approved professions, which includes various occupations such as accountants, engineers, scientists, medical professionals, teachers, and management consultants.
3. Education/Experience: You must meet the specific education or experience requirements for your profession. Most categories require at least a bachelor's degree or appropriate professional credentials.
4. Job Offer: You must have a job offer from a U.S. employer for a position that matches your qualifying profession. The job must require someone with professional qualifications.
5. Temporary Intent: You must demonstrate that you intend to enter the U.S. temporarily, not to immigrate permanently (though you can legally maintain a home in the U.S. while on TN status).

The application process differs for Canadian and Mexican citizens:

• Canadian citizens can apply directly at a U.S. port of entry or airport pre-clearance location, or file for a change of status if already in the U.S.
• Mexican citizens must apply for a TN visa at a U.S. consulate before traveling to the U.S.

Do you need an attorney for a TN visa?

While it's technically possible to apply for a TN visa without legal representation, working with an experienced immigration attorney often increases your chances of success, especially for more complex cases or professions that may face additional scrutiny.

An immigration attorney can:

• Determine if your occupation and qualifications meet the specific TN requirements
• Prepare documentation that clearly establishes your eligibility
• Advise on potential challenges based on your specific profession
• Help navigate the different application procedures for Canadian vs. Mexican citizens
• Assist with responses if your application receives a Request for Evidence or denial
• Provide guidance on maintaining status and the renewal process

The TN visa has specific professional categories and qualification requirements that can be subject to interpretation. An attorney familiar with TN visa approvals and denials can help anticipate potential issues and prepare your application accordingly.

When should you hire an attorney for a TN visa?

The ideal time to consult with an immigration attorney about a TN visa is before you begin the application process. Early consultation allows you to understand if the TN is the right option for your situation and how best to prepare your documentation.

You should particularly consider speaking with a TN visa attorney when:

• You're unsure if your profession qualifies under the TN categories
• Your credentials don't precisely match the requirements for your profession
• You've previously been denied a visa or had immigration issues
• Your job responsibilities might not clearly align with the TN category
• You're changing from another visa status to TN status
• You plan to stay in the U.S. long-term and need advice on maintaining non-immigrant intent

Even if your case seems straightforward, an initial consultation can help you understand any potential complications and ensure you're taking the right approach for your specific situation.

Benefits of working with an attorney on your TN visa

The TN visa application process involves specific professional categories and documentation requirements. An experienced immigration attorney provides knowledge that helps you navigate these requirements effectively.

Strategic application preparation

A successful TN application requires demonstrating that both you and the position meet the specific USMCA requirements. Your attorney will help you prepare documentation that clearly establishes your eligibility, including proper presentation of your educational credentials, professional licenses, and job offer details. They'll ensure your application package addresses potential areas of scrutiny and presents a cohesive case for your qualification in the specific TN category.

Professional navigation of application procedures

The application process differs for Canadian and Mexican citizens, and your attorney will guide you through the appropriate procedure based on your citizenship and current location. For Canadians applying at the border, they'll prepare you for the entry interview and ensure you have all necessary documentation readily available. For Mexicans applying at a consulate, they'll help you prepare for the visa interview and navigate the consular process.

Guidance on maintaining status and renewals

Maintaining TN status requires understanding specific rules about employment changes, travel, and renewals. Your attorney will advise you on how to maintain a valid status throughout your stay, including when and how to apply for extensions. They'll also help you understand the implications of any changes in your employment or personal circumstances on your immigration status.

How much does a TN visa attorney cost?

The cost of a TN visa attorney varies based on your specific situation, including both government filing fees and attorney fees. At Lawhive, we believe in transparent pricing with no hidden costs - we don't charge by the hour like traditional law firms. You’ll know what you’re paying for each step of the way, with no hidden fees or surprises.

While professional immigration assistance represents an investment, it could increase your chances of a smooth approval process and help avoid costly delays or denials. Given what's at stake - your ability to work legally in the United States - having professional guidance is often well worth the cost.

How long does the TN visa process take?

The TN visa timeline varies depending on your citizenship and application method:

• Canadian citizens applying at the border: Decision typically made on the spot during your arrival interview
• Mexican citizens applying at a consulate: Generally takes 1-4 weeks from application to visa issuance, depending on consulate workload
• Change of status applications filed within the U.S.: Approximately 2 months with regular processing, or 15 calendar days with premium processing ($2,500 additional fee)

Once approved, initial TN status is granted for up to three years, regardless of the employment contract length. Extensions are available in increments of up to three years with no maximum limit on total stay, though you must maintain your intent to return to your home country eventually.

Your attorney will provide more specific timeline estimates based on your particular circumstances, application location, and current processing times.

What you can expect from a Lawhive attorney

From day one, your Lawhive immigration attorney is here to make the TN visa process straightforward and efficient. You'll speak with our experienced team right away so we can understand your professional background and immigration goals. Then you'll get a clear idea of the costs and what you can expect to pay.

We work with vetted immigration attorneys who focus on TN visas and understand the nuances of the application process for both Canadian and Mexican professionals. They'll take the time to understand your specific situation, explain your options in plain English, and guide you through every step of the process - from initial eligibility assessment through application preparation and entry or interview.

With Lawhive, you get professional legal help that's responsive, straightforward, and focused on what matters most: helping you secure your ability to work legally in the United States as efficiently as possible.

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