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TN VISA FOR NAFTA PROFESSIONALS

A TN NAFTA Professionals classification allows qualified Canadian and Mexican citizens to seek employment at a professional level to temporary work in the United States.

While a TN employer may submit a Form I-129 to USCIS on behalf of a Canadian citizen, a Canadian citizen may personally seek TN classification at a designated U.S. port of entry with the U.S. Customs and Border Protection.

In contrast, a Mexican citizen may only obtain a TN visa through a U.S. Embassy or consulate in Mexico. Once the TN visa is approved, a Mexican citizen may apply for admission at a designated U.S. port of entry with the U.S. Customs and Border Protection.

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LEGAL FEE

Our fee structure is unique to us as we strive to tailor our services for each client individually. We adapt price standards that are capable of fluctuating for each client depending on their unique needs. Clients may retain us for one or all of the above steps/services.

Our typical fee for a standard TN NAFTA Professionals application is $1,500, not including, governmental fee and third-party extensions.  We are happy to customize a proposal for you during a consultation and walk you through what a standard TN case looks like.  Please see below for more information.

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CASE PROCESSING OVERVIEW

Step 1: Strategy Session for TN NAFTA Professional Visa

This is the most crucial step for your entire TN NAFTA Professional Visa. We will review all of the supporting documents to create a strategy, a customized checklist, and a timeline to serve as the guiding foundation for the entire case preparation.

Step 2: Prepare and Submit the TN NAFTA Professionals Visa, whether it’s at a Port of Entry or through USCIS Submission

Our attorneys will craft your TN NAFTA arguments and complete all forms, organize supporting documents, and assemble the crafted arguments into the proper application formats. After a thorough review, we will then submit the application to USCIS.

Step 3: File the TN NAFTA Professionals visa application with USCIS or Prepare the client for visa interview with CBP at a port of entry or at U.S. embassy or consulate

We will submit the complete TN NAFTA Professionals visa application with supporting documents to USCIS.

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Interview Guidance

We will help guide the client in his/her preparation for the interview at a port of entry or at a U.S. consulate or embassy by simulating the interview and ensuring the client is well-versed in the application material. Our services include a comprehensive strategy for answering inquiries posed, practice questions, thorough feedback, and other tools to help clients succeed during the interview.

Step 4: Responding to additional USCIS or CBP Requests, if necessary

If additional documents/evidence are needed upon the submission of the case and after the interview, our office will ensure that all necessary documents are submitted to the USCIS or CBP offices in a timely manner. We will assist the client to the best of our ability until the case gets approved or the client no longer wants to continue forward with the case.

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ADDITIONAL RESOURCES

Checklist of Required Evidence

Gather and prepare the following required documents before your visa interview:

  • Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements). Each individual who needs a visa must submit a separate application, including any family members listed in your passport.
  • Nonimmigrant Visa Application, Form DS-160 confirmation page
  • Application fee payment receipt, if you are required to pay before your interview
  • Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements. (A photo is not required if you are applying in Mexico.) 
  • A contract or letter of employment in the United States – To show that you have a job offer, provide a contract or employment letter from your employer in the United States confirming your upcoming employment in one of the professional occupations listed in Appendix 1306.d.1 of NAFTA Chapter 16. The letter should also include:
    • Your purpose of entry;
    • A detailed description of your anticipated business activities or job responsibilities;
    • Your anticipated length of stay in the United States;
    • Your educational qualifications or appropriate credentials demonstrating professional status;
    • Evidence of your compliance with Department of Homeland Security (DHS) regulations and/or state laws; and
    • Arrangements for your pay.
  • Documentation proving that you meet the minimum education and/or work experience requirements set forth in Appendix 1603.d.1 of NAFTA chapter 16 – Evidence of education would include degrees, diplomas, certificates, professional licenses, and /or membership in professional organizations. To demonstrate your experience, present letters from former employers. If you were self-employed, provide your business records. 

Filing Fee

The updated filing fee for TN Visa can be found here.

Requirements & Limitations

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 intend 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:
    • Stay in the U.S. and have their employer file Form I-129 on their behalf;
    • 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.

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 at a port of entry:

  • Proof of Canadian citizenship;
  • Letter from prospective employer detailing the professional capacity in which the applicant will work, the purpose of employment, length of stay, and educational qualifications;
  • 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:

  • Proof of Canadian citizenship;
  • 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.
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SAMPLE & TEMPLATES

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Attorney Brief:  [coming soon] We will provide an attorney brief sample for the I-129 petition.

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Cover Letter: [coming soon] We will also provide a cover letter sample for the I-129 petition.

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Sample Request for Evidence: [coming soon] Requests for evidence can be used to strengthen the case.

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Forms: Here is a list of the forms that are needed by USCIS

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Sample Checklist: [coming soon] We look at the client’s unique situation and create customized checklists to strengthen their cases.

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USCIS Fee Calculator: This is to help calculate how much the filing fee will be.

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USCIS Mailing Address: This address is where it is mailed to USCIS.

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USCIS Processing Timetable: This will help you figure out how long it will take to process.

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ASC Field Offices: Listed are the addresses of the field offices for the bio-metrics.

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FREQUENTLY ASKED QUESTIONS

Who is eligible for TN visa sponsorship?

To be eligible for the TN visa you must be a citizen from Mexico or Canada and skilled in one of the following professions:

  • Accountant
  • Engineer
  • Scientist
  • Medical/Healthcare Professional
  • Architect
  • Lawyer
  • Teacher
  • Economist
  • Social Worker
  • Mathematician
  • Psychologist
  • Computer Systems Analyst
  • Industrial Designer
  • And More

Is the TN visa a dual-intent visa?

No. TN visas are not dual intent, meaning holders may face international travel complications if they file a green card petition under this status. It’s recommended they switch to a dual intent visa, such as an H-1B Person in Specialty Occupation visa or an L-1 Intracompany Transfer visa, before applying for legal permanent residency.

TD visa for dependents of TN holders?

Employees may be accompanied by their spouses and unmarried children 21 years and under with a TD nonimmigrant dependent visa classification. Dependents do not have to be citizens of Canada or Mexico to be eligible for TD status. Dependents are not authorized to work, but they are allowed to study.

    Can I extend my stay under TN Visa?

    If you wish to remain in the United States beyond your initial 3 year period of stay without first departing from the United States, you must seek an extension of stay. If you are in the United States, your employer may file Form I-129 on your behalf.

    Alternatively, you may depart from the United States before the date your status expires, and then, once abroad, you may 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 your initial application for admission as a TN nonimmigrant.

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    SCHEDULE A SESSION

    Call or email us to set up your 1-hour consultation. Easily pay the $250 consultation fee over the phone or through our email link. If you would like to have a quick chat with our team before setting up the consultation, feel free to use the calendar on the right to book your 10 minute call.

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