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Potential employers of Canadian or Mexican professionals under TN visa status must meet certain requirements. One of the main requirements for TN visa status is an offer of employment to engage in business at a professional level for a U.S. entity. We discuss the basic employment requirements for TN visa status here.
Both Canadian and Mexican citizens can qualify for TN visa status to work and live in the United States. In some cases, an employer decides to make the offer of employment permanent and sponsor the employee for US permanent residence (green card). We recently helped a Canadian citizen go from a TN Visa as an IT management consultant to a green card through the perm process. We discuss the process and this approval here.
Canadian and Mexican nationals have the advantage of both TN visa status and H1B visa status. A common dilemma is deciding between these two visa options and the impact they might have on future immigration. The common question is, “Can I participate in the H1B visa lottery while on a TN Visa?”
The profession of a Data Scientist is not one that is specifically listed under the USMCA professions list. If you have received a job offer to work in the United States as a Data Scientist, it is important to understand how the profession is classified for TN Visa purposes before you submit an application for TN visa status. We discuss the profession of a Data Scientist for TN visa purposes here.
On December 19, 2022, USCIS published a new resource containing options that are available for nonimmigrant workers that have lost their employment. We review the options provided by USCIS for nonimmigrant workers that have lost their jobs here.
We successfully received the approval of an H1B Visa for a Cardiac Perfusionist through Form I-129 with US Citizenship and Immigration Services (USCIS) after a TN Visa denial. The employee first attempted to obtain a TN visa at a US port of entry under the Medical Lab Technician/Technologist profession and was denied entry. We were able to review the profession and placement of the employment at a non-profit teaching hospital and file a successful H1B visa petition. We discuss the details of this case and the H1B visa approval here.
Arrive US Immigration Law Podcast – Episode 30 – In the most recent episode of the Arrive Podcast, we answer several commonly asked questions about TN visa status.
TN Visa status is work authorization issued under the US Mexican Canada Agreement (USCMA). The USMCA replaces the previous North American Free Trade Agreement (NAFTA). TN Visa status is available to both Canadian citizens (TN-1) and Mexican citizens (TN-2) working in the United States under any of the designated TN professions. Once your TN visa status has been issued, you will be authorized to work and live in the USA. You are also able to travel on your TN Visa.
The maximum time period a TN visa can be issued per admission is three (3) years. When determining the period of admission the reviewing CBP Officer can take several factors into account. We discuss these factors and how long your TN visa will be valid here.
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 are still able to obtain TN visa status. See how the J-1 two-year home residency requirement applies to TN visa holders here.