How hard is it to get a TN Visa?

Is it hard to get a TN visa?

Is it hard to get a TN visa? If done correctly, the process to get a TN visa approved does not have to be hard. For Canadians and Mexicans who have a qualifying job offer in the U.S., applying for a TN visa is generally the quickest way to legally work in the United States. However, getting TN status is not as easy as is it may seem. There are various challenges that may keep a TN Visa applicant from entering the U.S., even when they are qualified for a TN visa.

TN stands for Trade National or Trade NAFTA, referring to the North American Free Trade Agreement. The TN status is granted only to Canadian and Mexican professionals in occupations listed under United States Mexico Canada Agreement (USMCA) formerly known as NAFTA.There multiple different TN Visa professions that qualify for TN visas under the USCMA,  including biologists, consultants, college teachers, engineers, accountants, computer engineers, computers systems analysts, registered nurses, graphic designers, and many more.

  1. Your profession must be on the TN Professions list. You are not able to obtain a TN Visa that is not designated on the TN Professions list under the USMCA.
  2. The TN Visa applicant must have a pre-arranged job offer from a U.S. employer to fill a profession under the TN Visa professions list.
  3. The TN Visa applicant must meet the specific educational and experience requirements of the TN visa profession.
  4. All these must be documented with papers such as a job contract, a job offer letter, original degrees and certificates, and proof of license to practice.
  5. If relying on experience, you must have proof in the form of letters from previous employers.

It is hard to get a TN Visa? Common issues.

  1. CBP officers have wide discretion regarding what evidence is acceptable and often challenge an applicant’s education and qualifications for the TN Visa.
  2. CBP officers may review the job offer letter and find that it is insufficient to prove that the position qualifies under a TN visa profession.
  3. CBP officers often deny TN visas for documentation issues.
  4. Since a TN is a temporary work visa (non-immigrant status), an applicant may need to prove that they intend to depart the U.S. after employment or after the three-year validity of the visa has expired. If it is found that an applicant hopes to stay in the US – for example, if they are planning to apply for a green card once admitted to the country –the visa officer may take this as a questionable sign of the applicant’s intention. Even though applying for a green card is not prohibited for TN visa holders, doing so may still cast doubt on the applicant’s initial TN Visa petition or on the TN Visa renewal process.
  5. Mexican Citizens applying for a new TN visa have the added step of applying at a U.S. Embassy or Consulate in Mexico.

Is it hard to get a TN Visa?

It is best practice to consult with a TN visa lawyer from the beginning so that you are aware of any potential issues and avoid unnecessary denials.  For a TN Visa applicant that has been denied a TN visa, it may be necessary to hire a TN visa lawyer. If you need assistance with your TN visa application, the TN Visa Lawyers at Richards and Jurusik offer free TN visa case assessments via video

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