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TN Visas for NAFTA Professionals

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TN VISA ATTORNEY IN NEW JERSEY

Non-Immigrant Visa for Citizens of Canada & Mexico

The North American Free Trade Agreement (NAFTA) is now know as the U.S.-Mexico -Canada (USMCA) agreement. It is an agreement between the United States, Canada and Mexico that created a special economic and trade relationship for those countries. The nonimmigrant USMCA Professional (TN) visa allows citizens of Canada and Mexico, to temporarily work in the United States for a specific employer. The visas are valid for a period of three (3) years and can be extended.

Change of employment is permitted at any time by obtaining new TN status through the new employer. The change must be approved before new employment is started. Working for a new employer prior to approval is a violation of the TN visa terms and unauthorized presence will become an issue. Change of employment can be done from within the US or at a port of entry after a departure from the US.

Who Qualifies for TN Visas?

A USMCA TN visa allows professionals from Canada and Mexico to work in the U.S. if the following conditions are met by applicants:

  • They are a citizen of Canada or Mexico
  • Their profession is on the NAFTA list
  • The position in the U.S. requires a NAFTA professional
  • They have the qualifications necessary for the profession
  • They will be working in a prearranged full-time or part-time job for a U.S. employer

Change of employment is permitted at any time by obtaining new TN status through the new employer. The change must be approved before new employment is started. Working for a new employer prior to approval is a violation of the TN visa terms and unauthorized presence will become an issue. Change of employment can be done from within the US or at a port of entry after a departure from the US.

Requirements for Citizens of Canada & Mexico

For Canadians:

The major benefit for Canadian Professionals is that they are no longer subject to the numerical limitations of the H-1B. They are eligible for streamlined application processing at the border, with no limit on the number of visa extensions or reentries into the U.S. Nonimmigrant intent is still a consideration at the borders and can be grounds for entry refusal.

For Mexicans:

Mexican professionals applying for TN status must have their employer file a petition for Nonimmigrant Worker and a Labor Certification as needed for the H-1B. The benefit of the TN Visa is that after the H-1B cap is reached, there are an additional 5,500 visas available for Mexicans. In addition, Mexicans can extend their stay in the U.S. beyond the H-1B six-year cap.

Only an Immigration Lawyer Can Provide Counsel on Your TN Visa Application

If you need to know if you’re eligible for a TN visa or if there are obstacles potentially preventing you from gaining entry into the U.S., the Law Offices of Lloyd E. Bennett provides initial consultations to answer your questions. During your appointment, our team will review your immigration record, personal history, and family history to identify potential issues and alternative options. When clients hire us, we immediately get to work on their behalf for a speedy and efficient result.

Since 1987, our New Jersey immigration attorneys have helped over 10,000 individuals and organizations with immigration matters. We have the knowledge, experience, and insight to maximize your odds of securing a TN visa, while keeping you informed during every step of the process. Let us address your concerns and questions; speak with us in an initial case consultation today.

Only a lawyer can give you legal advice regarding your visa. Call (800) 909-8129 or contact us online for help.