Under the US-Mexico-Canada Agreement (USCMA), TN professionals are not subject to the two-year home residency requirement. Since USMCA professionals are not subject to the two-year home residency requirement, they can still obtain TN visa status. See how the J-1 two-year home residency requirement applies to TN visa holders.
Can I Get a TN Visa if Subject to the J-1 Home Residency Requirement?
If you are a J-1 visa holder subject to the two-year home residency requirement, you might wonder if this affects your eligibility for a TN visa. The good news is that it doesn’t. According to 9 FAM 402.17-11 USMCA Professionals Not Subject to INA 212(E) (CT; 10-13-2022), the two-year home residency requirement primarily applies to immigrant visa (IV) applicants, as well as H1B and L1 visa applicants.
What is the Two-Year Home Residency Requirement?
The J-1 visa often comes with a condition that requires you to return to your home country for at least two years after your program ends. This requirement ensures that you return the skills and knowledge acquired in the United States to your home country.
Who is Affected by the Requirement?
- Immigrant Visa Applicants (IV)
- H1B Visa Applicants (Except Canadians)
- L1 Visa Applicants (Except Canadians)
TN Visa Applicants Are Exempt
However, if you are applying for a TN visa under the United States-Mexico-Canada Agreement (USMCA), this requirement does not apply. The TN visa is a non-immigrant visa that allows qualified Canadian and Mexican citizens to work in the United States in certain professional occupations.
Key Points for TN Visa Applicants:
- Eligibility: Being subject to the J-1 home residency requirement does not affect your eligibility for a TN visa.
- Family Members: Your family members (TD visa holders) can also receive visas and enter the United States with you.
- Professionals: You must qualify as a USMCA professional for the TN visa.
Professional Activities Similar to H or L Recipients
Even if your professional activities under the TN visa are similar or identical to those of an H or L visa recipient, you are still eligible for the TN visa. This exemption allows explicitly former J-1 holders subject to INA 212(e) to receive TN visas and enter the United States.
Conclusion
If you were previously on a J-1 visa and are now seeking a TN visa, rest assured that the two-year home residency requirement will not impact your ability to obtain TN visa status. This exemption makes the TN visa a viable option for Canadian and Mexican professionals who previously had J-1 status in the United States. Speak with one of our experience TN Visa lawyers for assistance with your TN Visa application.
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