FAQs – TN Visa

Who is eligible for a TN Visa?

To be eligible for a TN visa, applicants must be citizens of Canada or Mexico and have a valid job offer from a US employer in a qualifying professional occupation. The profession must be listed in the USMCA’s approved list, and the applicant must possess the necessary qualifications or work experience for that profession.

 

What are the qualifying professional occupations under the TN Visa?

The TN visa covers a wide range of professional occupations, including but not limited to engineers, scientists, accountants, computer systems analysts, economists, and teachers. The complete list of eligible professions can be found in Appendix 1603.D.1 of the USMCA agreement.

 

How do I apply for a TN Visa?

To apply for a TN visa, applicants must submit a complete application to the US Citizenship and Immigration Services (USCIS) or present the required documents at a designated US port of entry. The application typically includes the job offer letter, proof of qualifications or credentials, and any other supporting documents as required by the specific profession.

 

Is there a maximum duration for the TN Visa?

The initial period of stay on a TN visa can be up to four years. However, extensions are possible, and there is no specific limit on the total duration of stay on a TN visa. It is essential to note that the TN visa is a non-immigrant visa, and holders are expected to maintain ties to their home country.

 

Can TN Visa holders change employers in the US?

Yes, TN visa holders can change employers while in the US. However, they must ensure that the new job offer still falls within the list of eligible TN professions, and they must obtain a new TN visa or apply for a change of employer with the USCIS before commencing work with the new employer.

 

Can TN Visa holders apply for permanent residency (Green Card)

While the TN visa is a non-immigrant visa, it does not directly lead to permanent residency (Green Card) in the US. However, TN visa holders may be eligible for other immigration pathways that could eventually lead to permanent residency, such as employer-sponsored visas or family-sponsored petitions.

 

Can TN Visa holders travel outside the US and return?

Yes, TN visa holders can travel outside the US and return using the TN visa as long as it remains valid. When re-entering the US, they will need to present the required documents, including the valid job offer letter and proof of qualifications, to the US Customs and Border Protection (CBP) officer at the port of entry. Note travel can not exceed 30 days

 

Are a bachelor’s degree and higher mandatory for all TN Visa professions?

No, a bachelor’s degree is not a mandatory requirement for all TN Visa professions. While some TN professions do require a bachelor’s degree, others may have different educational criteria. For instance, certain professions may require a master’s degree, a specific number of years of work experience, or a combination of education and experience to qualify for the TN Visa.

 

Can work experience be substituted for a degree for TN Visa eligibility?

Yes, in many TN Visa professions, work experience can be substituted for a formal degree. For example, if a TN profession requires a bachelor’s degree and an applicant does not have one, they may be eligible if they have relevant work experience that is equivalent to the educational requirement.

 

Is there a minimum or maximum number of years of work experience required for the TN Visa?

The USMCA agreement does not specify a standard minimum or maximum number of years of work experience for TN Visa eligibility. Each profession has its own unique requirements, and the necessary work experience may vary accordingly. It is essential to review the specific requirements for the chosen TN occupation to determine if work experience is sufficient.

 

Are there any additional certifications or licenses needed for TN Visa professions?

Some TN Visa professions may require additional certifications or licenses to practice legally in the United States. These requirements vary depending on the profession and state laws. It is crucial for applicants to research and obtain the necessary certifications or licenses before applying for a TN Visa.

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