Jacob Tuimaualuga - ImmiVisa

1. WHAT IS A TN VISA?

TN stands for Trade NAFTA (North American Free Trade Agreement). It is a non-immigrant employment visa that allows citizens of North American countries, namely Canada and Mexico, to engage in business activities at a professional level within the U.S. The purpose was to strengthen business and trade relations between the three countries; the United States, Canada, and Mexico.

Among the types of professionals eligible to seek admission as TN non-immigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers.

There are two types of TN status.

TN-1 is for Canadian professionals,
TN-2 is for Mexican professionals.

The TN Visa is valid for one year, but it is granted for three years as per the current laws and regulations. The TN visa can be renewed indefinitely until you have the intention to stay permanently in the United States or if there is no longer employment under the NAFTA list.

2. REQUIREMENTS FOR TN VISA

There are few requirements a Mexican or Canadian have to meet before applying for a TN Visa.

The applicant has to be a citizen of Canada or Mexico (Permanent Residency won’t suffice).
The profession should be on the NAFTA list. There are 60 professions on the list.
There has to be a pre-arranged part-time or full-time job with a U.S. employer.
There is no intention to stay permanently in the U.S.

2.1 TD VISA FOR THE SPOUSE AND CHILDREN OF TN VISA HOLDERS

A TD visa is the dependant visa for TN visa holders, which is valid until the TN visa holder’s visa expires. This visa is for spouses and children under 21 years of TN visa holders eligible for non-immigrant TD visas. They do not qualify for a work permit but are permitted to study in the United States.

3. PROS OF TN VISA

A TN visa holder can work as a professional in the U.S for a U.S. company or a Canadian or Mexican company doing business in the U.S.
The process for Canadians under this category is relatively quick, with no petition required. Canadian’s can obtain a TN visa at the border crossing.
While the requirements are fulfilled, the TN visa holder can renew indefinitely.
TD visa/status for the dependents of the TN visa holders is valid until the time the TN visa holder’s status expires.
There is no cap or limit for Canadians under this category.

4. CONS OF A TN VISA

The TN visa is not a dual intent visa. This means you cannot have the intention to stay in the U.S permanently.
The spouse and children are not eligible for a work permit or authorized to work in the U.S.
The profession has to be listed in the NAFTA list, which is currently only 60 occupations.

5. CONCLUSION

The TN visa, or TN status as it is sometimes called, is a type of visa that a citizen of Canada or Mexico can apply for. The applicant must have a job listed in the NAFTA list before applying. The application procedure is not complicated, and for Canadians, it is much simpler. The Canadians or Mexicans who do not come under the list of NAFTA professionals can apply for another type, i.e., H1B visa. These other visas allow for Dual Intent, meaning if the applicant intends to become a permanent resident of the U.S., they can apply for it with that intention. There are other visas like L1 or E visas. The applicant should apply as per his purpose, duration, and intention of stay. The applicant should also remember the merits and demerits of the visa and apply accordingly.

At US Immi Visa, we are a dedicated team specializing in TN and TD visas, able to help you through the entire process. Whether you are a Mexican or Canadian citizen, we can help guide you through the process. Contact us today for a free consultation to discuss TN visas.

“I’ll apply once Trump is gone” — I’ve heard this phrase echoed numerous times in 2020, and particularly since the onset of the COVID-19 Pandemic. While I understand the underlying sentiment expressed (e.g. immigration applications may be more favorably adjudicated under a new administration), I caution anyone with this line of reasoning to reconsider any delay in applying for immigration benefits for the following reasons:

USCIS Will be Increasing the Costs of a Majority of Immigration Applications

First, delaying submission is very likely to result in having to pay increased application costs. Beginning October 2, 2020, the Department of Homeland Security (DHS) will be adjusting USCIS fees by a weighted average increase of 20 percent, including additional new fees for certain immigration benefits.

For example, the total cost of applying for permanent residency through a family-based petition (e.g. with concurrently filed work permit and travel authorization applications) is increasing by 46.62-percent (i.e. $1,760.00 to $2,830.00), while Citizenship applications are increasing by approximately 46.97-percent ($725.00 to $1170.00). Employment visas are not exempt from this increase–L visas are increasing by 75-percent, O visas are increasing by 53 percent, and H-1B Visas are increasing by 21 percent. Given the limited time remaining before the fee increases go into effect, those with financial constraints should consider applying as soon as possible.

UPDATE: On September 29, 2020, Judge Jeffrey S. White, Federal District Court Judge of the North District Court of California, issued a preliminary injunction and stay of the effective date of the Final Rule of the fee increase. Until the order is lifted, Applicants will not have to pay the higher fees as stated in the Final Rule. Because the injunction is only temporary, we still recommend filing your immigration application sooner rather than later before the Final Rule ultimately goes into effect.

The Recently Updated Public Charge Rule has Been Enjoined During COVID-19

Second, applicants for permanent residency or applicants for changes/extensions of nonimmigrant status should take advantage of the fact that USCIS is not applying the February 24, 2020 Public Charge Rule. As long as the July 29, 2020 Southern District of New York Injunction is in effect, USCIS will apply the 1999 public charge guidance that was in place prior to February 24, 2020. Under the 1999 rule, applicants do not need to complete Form I-944, Declaration of Self Sufficiency. The 1999 public charge rule is far less stringent than the 2020 rule, and requires much less documentation to satisfy the adjudicating officer’s determination that an immigrant is not likely to become a public charge. However, there is no indication regarding how long the court injunction will remain in place–applicants should take advantage of applying for immigration benefits as long as this injunction is in place.

Incumbents are Hard to Defeat

There is a substantial chance that President Trump will win reelection. In the last 100 years, only three U.S. incumbent Presidents have ever lost (Herbert Hoover in 1932, Jimmy Carter in 1980, and George H.W. Bush in 1992). While I am no polling expert, aspiring immigrants should consider the realistic possibility of the President’s reelection and contemplate how they will navigate the U.S. immigration system going forward.

In so doing, you should consider that the most beneficial changes to immigration law (from the perspective of an immigrant) occurred under Ronald Reagan’s watch and were because of Ronald Reagan. President Reagan was conservative. Conversely, some of the most sweeping changes to U.S. immigration law that had a negative impact upon immigrants were signed into law by President Clinton. President Clinton was a democrat. Similarly, approximately five times the amount of people were deported during the democratic Obama administration then were under the previous five administrations combined. Simply put, do not wait to pursue relief that you are otherwise eligible for because you think a different President will benefit you.

Immigrating to the United States remains a complicated and often difficult task and it is essential to consult with an expert regarding your immigration issues, now more than ever.

The US Visa Company

Author Archives: Jacob Tuimaualuga

Author: Jacob Tuimaualuga

The ins and outs of a TN Visa