How to Change from a B Visa to a TN Visa While Staying in the U.S.
If you’re a Mexican citizen currently in the U.S. on a B-1/B-2 visa (for business or tourism), you might wonder if you can change your visa status to a TN visa without leaving the country. The good news is that it’s possible! This guide explains how to switch from a B visa to a TN visa, the requirements you must meet, and the steps you must follow to transition smoothly.
Table of Contents
- What Is a B-1/B-2 Visa?
- What Is a TN Visa?
- Key Differences Between B Visas and TN Visas
- Can You Change from a B Visa to a TN Visa?
- Requirements for a TN Visa
- Steps to Change from a B Visa to a TN Visa
- Processing Times and What to Expect
- Do’s and Don’ts During the Application Process
- Seeking Legal Help
- Conclusion
1. What Is a B-1/B-2 Visa?
A B-1/B-2 visa allows foreigners to enter the U.S. temporarily for business (B-1) or tourism (B-2). Mexican citizens commonly use these visas for short trips. However, these visas do not permit you to work or study in the U.S. They are strictly for temporary stays.
2. What Is a TN Visa?
The TN visa is a special non-immigrant work visa created under the United States-Mexico-Canada Agreement (USMCA), formerly NAFTA. It allows Mexican and Canadian citizens to work in specific professional jobs in the U.S. The TN visa is often used by professionals in engineering, accounting, science, and health care.
3. Key Differences Between B Visas and TN Visas
| B-1/B-2 Visa | TN Visa |
|---|---|
| Temporary visits (business or tourism) | Temporary work visa for professionals |
| No employment allowed | Employment allowed with a U.S. employer |
| Typically valid for 6 months | Valid up to 3 years, with renewals possible |
| Cannot transition to work | Specifically designed for work in approved professions |
The TN visa is a more long-term solution if you want to stay and work in the U.S., while the B visa is only for short visits without work authorization.
4. Can You Change from a B Visa to a TN Visa?
Yes, you can apply for a change of status from a B visa to a TN visa without leaving the U.S. However, you must meet specific requirements and follow the correct procedure. Importantly, your intent when you entered the U.S. on a B visa must have been temporary (for business or tourism). Switching to a TN visa should not seem like you intended to work from the start.
5. Requirements for a TN Visa
To qualify for a TN visa, you must:
- Be a Mexican citizen.
- Have a job offer from a U.S. employer in an approved professional field.
- Work in one of the designated TN professions, such as accountant, engineer, scientist, or teacher. The U.S. Department of Labor provides a list of acceptable professions.
- Hold the required qualifications (degree or certification) for the TN position.
6. Steps to Change from a B Visa to a TN Visa
Here’s a step-by-step guide on how to change your status from a B visa to a TN visa without leaving the U.S.:
Step 1: Secure a Job Offer
First, you need a formal job offer from a U.S. employer in a TN-eligible profession. The offer must specify your job title, duties, and salary.
Step 2: Employer Files Form I-129
Your employer must file Form I-129, Petition for a Nonimmigrant Worker with U.S. Citizenship and Immigration Services (USCIS). This form requests approval to change your status to TN.
- You cannot file this petition yourself; your employer must do it.
- It must include proof of your qualifications (degree, certifications) and evidence that the job is in a TN-eligible profession.
Step 3: Pay the Fees
Your employer will need to pay the filing fees for Form I-129. As of 2024, the fee is $460, but you should check the USCIS website for the latest information.
Step 4: Wait for the USCIS Decision
After submitting Form I-129, USCIS will process your application. If approved, you can remain in the U.S. and start working under TN visa status.
Step 5: Get Approval and Start Working
Once USCIS approves your status change, you’ll receive a TN visa status approval notice. You can then begin working for your U.S. employer.
7. Processing Times and What to Expect
The processing time for Form I-129 can range from a few weeks to several months. You can speed up the process by paying for premium processing, which guarantees a response within 15 calendar days. Regular processing times vary based on how the USCIS service center handles your case.
8. Do’s and Don’ts During the Application Process
Do’s:
- Maintain legal status in the U.S., but you mustn’t overstay your B visa.
- Keep copies of all documents related to your application.
- Continue to follow the rules of your B visa until your TN status is approved.
Don’ts:
- Don’t work for your U.S. employer until you receive approval for your TN visa.
- Don’t travel outside the U.S. while your status change is pending; it could affect your application.
9. Seeking Legal Help
While this guide gives you a good overview of the process, changing from a B visa to a TN visa can be tricky. It’s a good idea to consult with an immigration attorney who specializes in employment visas. An attorney can help you avoid mistakes, file paperwork correctly, and give you peace of mind that everything is handled properly.
10. Conclusion
Transitioning from a B visa to a TN visa while staying in the U.S. is possible, but it requires careful planning and attention to detail. Ensure you meet the qualifications, follow the application steps, and consult a professional if needed. Following this guide, you can successfully change your visa status and start your new job in the U.S. under the TN visa.
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