Tn Visas

WHAT IS A TN VISA?

TN stands for Trade NAFTA (North American Free Trade Agreement). It is a non-immigrant employment visa that allows the citizens of Canada and Mexico to work in specific professional occupations in the U.S. The job must be there on the NAFTA list. The TN Visa was created by the North American Free Trade Agreement (NAFTA) to facilitate temporary employment in the United States for approved Canadian and Mexican citizens. The purpose was to strengthen business and trade relations between the United States, Canada, and Mexico. There are two types of TN status. 1) TN-1 is for Canadian professionals, 2) TN-2 is for Mexican professionals.
The TN Visa was valid for 1 year but as per the current laws and regulations, it is granted for 3 years. It can be renewed till the time the intention to stay permanently is not there and there is employment under the NAFTA list.

REQUIREMENTS FOR TN VISA

Few requirements are there before a person can apply for a TN Visa.

  • The applicant has to be a citizen and not a permanent resident of Canada or Mexico.
  • The profession should be on the NAFTA list. There are 60 professions on the list.
  • There has to be pre-arranged part-time or full-time job with a U.S. employer.
  • The intention to stay permanently in the U.S. should not be there.

TD VISA FOR THE SPOUSE AND CHILDREN OF TN VISA HOLDER

TD visa is the dependant visa for TN visa holders. The spouse and children under the age of 21 years of TN visa holder are eligible for non-immigrant TD visa. They can stay till the time TN visa holder stays. They are not eligible for a work permit but are permitted to study in the United States.

PROS OF TN VISA

  • The 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 application procedure is not complicated. The Canadians under this category can get quickly as no petition is required and a visa can be obtained at the border.
  • The TN visa can be renewed indefinitely till the time the requirements are fulfilled.
  • TD visa/status for the dependents of the TN visa holders till the time the TN visa holder is staying.
  • There is no cap or limit for the Canadians under this category.

CONS OF TN VISA

  • It is not a dual intent visa. This means that the intention to permanently stay in the U.S. should not be there.
  • 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.

CONCLUSION

Thus, we saw TN visa or TN status as it is sometimes called is a type that can be applied by a citizen of Canada or Mexico. The applicant also cannot be a permanent resident of these two countries. The applicant must have a job listed in the NAFTA list before applying. The application procedure is not complicated and for Canadians, it is simpler. The Canadians or the Mexicans who do not come under the list of professionals under the NAFTA list can apply for another type i.e. H1B visa which is not without merits and demerits. One merit of an H1B visa is that it is a dual intent visa. If the applicant intends to become a permanent resident of the U.S., he/she can apply for it. A demerit of an H1B visa is that its validity can be for a maximum period of 6 years.
There are other visas also like L1, E VISA. 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.