My TN Visa was approved, what do I need to know?

Securing a TN visa as a Canadian or Mexican citizen under the NAFTA agreement opens doors to professional opportunities in the United States. Understanding what to do upon arrival is crucial, whether starting a new job or continuing your career. This guide looks at the procedures and preparations necessary for TN visa holders, ensuring a smooth start to your U.S. employment.

1) Handling Your Electronic CBP Form I-94

Upon entering the U.S., your I-94 form, accessible via the CBP website, becomes the most crucial document validating your TN status.

• Procedure for Access: Navigate to the CBP’s official website and use your passport information to retrieve your I-94 record. Printing this document is vital as it proves your legal entry and visa status.
• Accuracy Verification: Immediately check the document for any discrepancies in personal information, visa classification, and validity dates. Misinformation can lead to legal issues and complications with employment eligibility.

2) Understanding Your TN Visa Validity Period

Your TN Visa is closely tied to the duration of your employment offer, up to three years, with the option for renewal.

• Monitoring Your Stay: Track the expiration date on your I-94 and plan for renewals or departure well in advance to avoid overstaying, which can result in severe penalties.
• Renewal Process: Engage with your employer about the renewal process months before your visa’s expiration. Consider legal consultation to ensure the renewal application aligns with current regulations.

3) Employer/Client-Specific TN Visa Status

The TN Visa binds you to a specific employer and position, meaning any significant change requires reapplication.

• Changing Employers: Initiating a change in employers entails either reapplying for a TN visa at a port of entry with the new job offer or having the new employer file a Form I-129 for a change of employer without needing to leave the U.S.
• Adapting to Job Changes: If your job duties evolve beyond the scope of your original application, consult with immigration services to determine if a new TN application is necessary.

4) Securing a U.S. Social Security Number (SSN)

An SSN is indispensable for employment, banking, and more in the U.S.

• Application Insights: Bring your passport, TN visa, and I-94 form to the nearest Social Security Office. The process is straightforward, but the SSN’s importance to your daily and professional life in the U.S. cannot be overstated.

5) Completing the USCIS Form I-9

The Form I-9 verifies your eligibility to work in the United States.

• Completion Guidelines: You must complete this form with your new employer by presenting the required documents, such as your passport and I-94 form. This is a federal requirement for all employees in the U.S.

6) TD Visa for Your Dependents

Family members can join you in the U.S. under TD status but are not permitted to work.

• Application Process for Dependents: This varies slightly between Canadian and Mexican citizens. While Canadians can apply directly at a port of entry, Mexican family members must apply at a consulate or embassy.
• School Enrollment and ITIN: Dependents can attend school on a TD visa. Since they cannot obtain an SSN, applying for an ITIN is necessary for tax purposes, especially when filing joint tax returns.

7) Travel Considerations Under TN Visa Status

Traveling on a TN Visa offers flexibility but requires careful planning to ensure re-entry into the U.S. without issues.

• Re-entry Preparedness: Always carry documentation proving your TN status and employment when traveling abroad to avoid issues upon return to the U.S.

8) Transitioning to U.S. Permanent Residence

While the TN visa does not directly lead to permanent residency, pathways are available for those looking to make the U.S. their permanent home.

• Exploring Legal Pathways: Consult with an immigration attorney to explore options for transitioning from TN to permanent residency, such as through employment-based sponsorship or adjustment of status under certain circumstances.

Conclusion

The TN Visa offers a valuable opportunity for Canadian and Mexican citizens to engage in professional activities in the U.S. Understanding and navigating the visa process and its requirements is crucial for maximizing the benefits of your TN status, maintaining legal compliance, and ensuring a productive and enjoyable stay in the United States.