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TN NAFTA Work Visa

TN NAFTA Work Visa

Introduction

The TN NAFTA work visa is a special category of non-immigrant visa that allows citizens of Canada and Mexico who are professionals in certain fields to work temporarily in the United States. It was established as part of the North American Free Trade Agreement (NAFTA) that came into effect on January 1, 1994. The purpose of TN visa is to facilitate the temporary employment of professionals for up to three years with the possibility of extension.

The TN visa program is fast, efficient, and cost-effective compared to other work visa programs. TN visa holders enjoy expedited processing at the border, and they do not require sponsorship by an employer or a labor certification from the Department of Labor. In this article, we will explore the eligibility criteria, application process, and benefits of the TN NAFTA work visa.

Eligibility Criteria

To be eligible for the TN NAFTA work visa, the candidate must be a citizen of Canada or Mexico and possess the required qualifications in a designated profession. There are over 60 professions that are eligible for the TN visa, and they are listed under Appendix 1603.D.1 of the NAFTA agreement.

The TN visa candidate must have a job offer from a US employer in the designated profession. The job offer must be in writing, and it should describe the nature of the job, the qualifications required, and the terms of compensation. The TN visa holder must also have the intention to return to their home country after the expiration of their temporary work visa.

Application Process

The TN NAFTA work visa is applied for at a US port of entry, which includes land border crossings, airports, and seaports. The visa application is made by presenting the required documents to a US Customs and Border Protection (CBP) officer.

The required documents for the TN visa application include:

1. A passport that is valid for at least 6 months beyond the intended period of stay in the US.

2. A job offer letter from a US employer that describes the nature of the job, the qualifications required, and the terms of compensation.

3. Proof of eligibility for the profession, which may include academic degrees, professional licenses, or other credentials.

4. Proof of payment of the visa application fee, which is currently $56 for Mexican citizens and $50 for Canadian citizens.

The CBP officer will review the documents and determine if the applicant is eligible for the TN visa. If approved, the TN visa will be issued for a period of up to three years, with the possibility of extension.

Benefits of TN NAFTA Work Visa

The TN NAFTA work visa offers many benefits to professionals who qualify, including:

1. Fast processing – The TN visa application can be processed at the port of entry, which means that the candidate can receive their visa on the same day.

2. Multiple entries – The TN visa allows multiple entries into the US, which means that the visa holder can travel in and out of the country without having to apply for a new visa each time.

3. No cap on the number of visas – Unlike other work visa programs such as H-1B and H-2B, there is no cap on the number of TN visas that can be issued each year.

4. No requirement for employer sponsorship – The TN visa does not require the sponsoring employer to go through a lengthy certification process with the Department of Labor.

5. Spouse and dependents – Spouses and unmarried children under the age of 21 may accompany the TN visa holder to the US on a TD visa.

Recent Updates on TN NAFTA Work Visa

In 2018, there were some changes to the TN NAFTA work visa program that affected Mexican citizens. These changes resulted from the renegotiation of NAFTA, which resulted in the creation of the United States-Mexico-Canada Agreement (USMCA).

Under the USMCA, the TN visa program remains unchanged for Canadian citizens, but Mexican citizens must now apply for the visa at a US consulate in Mexico before traveling to the US. This change is intended to streamline the visa application process for Mexican citizens and reduce processing times at the border.

Conclusion

The TN NAFTA work visa provides a fast and efficient way for professionals from Canada and Mexico to work temporarily in the US. The visa program offers many benefits, including fast processing, multiple entries, and no requirement for employer sponsorship. The eligibility criteria for the TN visa are strict, but for those who qualify, it is an excellent opportunity to gain work experience in the US. As the USMCA takes effect, it is important for Mexican citizens to be aware of the changes to the visa application process and plan accordingly.


What is a TN NAFTA Work Visa?

A TN NAFTA Work Visa is a form of expressed permission allowing citizens of Mexico and Canada to legally and lawfully enter the United States through an employment opportunity as a result of agreements established by the North American Free Trade Agreement (NAFTA); this permission is granted by both NAFTA, as well as the United States Citizenship and Immigration Services Bureau. Although TN NAFTA Work Visas differ in description, duration of time allowed for temporary residence, as well as participatory nations – Canada or Mexico, the satisfaction of specific visa applications and requirements are mandatory prior to obtaining a TN NAFTA Work Visa.

TN NAFTA Work Visa Allowances

A TN NAFTA Work Visa can be granted to those individuals with either Mexican or Canadian citizenship wishing to be temporarily employed in the United States:

The individual applying for a TN NAFTA Work Visa to participate in business activity that has been approved by NAFTA, the USCIS, and the employer in question

The individual applying for a TN NAFTA Work Visa can be any of the specialists and professionals listed on the NAFTA job requirement listing, also known as Appendix 1603.A.3

The individual applying for TN NAFTA Work Visa can be eligible to extend their stay in the event of approval

The individual applying for a TN NAFTA Work Visa can be called to enter the United States in the event that the prospective employment requires a NAFTA-approved profession

TN NAFTA Work Visa Prohibitions

A TN NAFTA Work Visa applicant cannot:

Be a citizen of any other nation apart from Canada or Mexico

Engage in self-employment; all employment must be approved as part-time or full-time work within the scope of a NAFTA-approved employer

Possess dual citizenship to NAFTA countries

Mexican applicants cannot:

Enter the United States without a visa; a petition submitted to the USCIS is not sufficient for legal entry

Invite spouses or children below the age(s) of 21 without non-immigrant visas

Consult with an immigraiton lawyer review your documenations

TN NAFTA Work Visa Required Forms

The following are the forms required to be completed upon applying for a TN NAFTA Work Visa; these forms can be attained at the United States Citizenship and Immigration Services Bureau by contacting them at their toll-free telephone number (800) 375-5283.

Form I-94: If an individual does not have permission to work in the United States, they must present an I-94 Arrival/Departure Record or a DHS work permit, which consists of (I-766 or I-688B). Once these forms are obtained, an individual must complete the application for a social security card, which is titled ‘form SS-5’.

1.    Form Size: Varies

2.    Filing Location: United States Citizenship and Immigration Services Bureau

3.    Filing Fee: Varies upon circumstance

Form DS-156: This form must be completed by applicant wishing to apply for all non-immigrant visas.

1.       Form Size: 2 pages

2.       Filing Location: United States Citizenship and Immigration Services Bureau

3.       Filing Fee: Varies upon circumstance

Form I-102: This form must be completed by applicant wishing to apply for change and/or extension of TN NAFTA Visa status.

1.       Form Size: 2 pages

2.       Filing Location: United States Citizenship and Immigration Services Bureau

3.       Filing Fee: $330

Additional TN NAFTA Work Visa Requirements

The following requirements are necessary upon applying for a TN NAFTA Visa:

1. A copy of a valid passport

2. Two color photographs, which are identical in appearance

3. Documentation of employer sponsorship

4. A description of the NAFTA-approved employment for which the applicant in applying

5. Documentation reflecting the applicant’s promise to pay all fees, affidavit of hiring, professional status, and license – or proof of specialty.

TN NAFTA Work Visa Legal Assistance

The parameters and protocols surrounding both the application and approval process vary in the case of every TN NAFTA Work Visaapplication; all government forms should be completed to the fullest extent in a meticulous fashion. In the event that an individual experiences difficulty completing – or understanding – the requirements of an immigration form, they are encouraged to consult an attorney specializing in immigration, international law, employment, and government programs.