Canadian and Mexican professionals may have a path to working in the U.S. with a TN visa. This option was originally created under NAFTA and now continues under the United States-Mexico-Canada Agreement (or USMCA).
For eligible professionals, a TN visa may offer a more straightforward option than other work visa categories. But this type of visa isn’t available for all jobs or employers, it includes certain limitations. A TN visa lawyer from Karlin & Karlin can help you streamline this process and avoid preventable mistakes.
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What is TN Visa?
TN visa status benefits both qualifying foreign professionals and U.S. employers. Working professionals may use it as a practical way to work in the United States without the H-1B cap lottery. Employers may use this program to fill specialized roles when the right candidate is a Canadian or Mexican citizen.
This is a temporary non-immigrant status, so workers must intend to work in the U.S. for a temporary period before returning home. A TN worker’s spouse and unmarried children younger than 21 may be eligible for TD status, but they generally cannot work in the U.S. with that status.
Even though this program is simpler than other work visas, it’s not automatic, and you should go through the application process carefully. Immigration officers look closely at an applicant’s citizenship, job offer, education, experience, licensing, and temporary intent. A position with mixed duties, a degree that isn’t related closely enough, or a vague support letter can all complicate the application process.
TN Visa Requirements
While the term TN visa is often used to describe TN status, note that Canadian citizens may be admitted at the border without prior visa approval in some cases. However, Mexican citizens generally do need a TN visa before seeking admission to the U.S.
The applicant must have a prearranged job with a U.S. employer, and the job must fall under the approved USMCA TN visa professions list. Finally, the applicant must have the required credentials for the relevant profession. This often includes at least a bachelor’s degree.
A strong TN visa case shows who the applicant is, what job they will do, and why they qualify for the role in question. Be prepared to show proof of citizenship, an employer support letter, proof of education, professional licenses, and qualifying work experience.
TN Visa Support Letter
The employer support letter should cover the offered position, job duties, length of employment, professional category, compensation, and the applicant’s qualifications. Vague letters can create issues and delays, so it’s better to be as specific as possible.
Understanding TN visa requirements before applying can help reduce delays. A TN visa lawyer can determine whether you meet the current TN visa requirements for your profession.
TN Visa Professions List
USCIS determines the eligiblity of a TN visa applicant based on the TN visa professions list under USMCA Appendix 1601.D.1. Qualifying professions include:
- Accountants
- Architects
- Computer systems analysts
- Hotel managers
- Interior designers
- Lawyers
- Librarians
- Management consultants
- Scientific technicians and technologists
- Dentists, occupational therapists, pharmacists, and certain other medical roles
- College, university, and seminary teachers
The list also includes the specific education and licensing requirements you must meet for each position.
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TN Visa to Green Card: What to Know Before Planning Long-Term
Moving from a TN visa to green card is possible, but it requires careful planning and consultation with an experienced TN visa lawyer. This visa is temporary and non-immigrant in nature, so entering the United States with a plan to remain there permanently and transition to a green card can create problems.
A TN visa worker who wants to become a lawful permanent resident in the U.S. may look into employment-based sponsorship. However, you should review your plan and strategy with a business immigration lawyer first. Filing an immigrant petition or requesting adjustment of status while on a TN visa can affect your ability to re-enter the country on TN visa status.
How the TN Visa Lawyers at Karlin & Karlin Can Help
Our experienced TN visa lawyers can review your job offer to assess whether the position qualifies, whether your credentials match, and whether the employer’s documentation is strong enough to support the application. Professional guidance is especially helpful if you have never entered the U.S. on TN visa status before or if you have prior immigration issues. We also support employers who need to provide proper documentation and a strong support letter.
Consult a TN Visa Lawyer from Karlin & Karlin
If you are a Canadian or Mexican citizen seeking a TN visa or an employer wanting to sponsor a TN visa worker, Karlin & Karlin is here to help. Call us at 888-365-1555 or contact us online to schedule a consultation now.
