The TN Visa is a great option for Canadian and Mexican citizens to engage in professional work activities in the U.S., a unique opportunity under the NAFTA agreement. This visa facilitates prearranged employment for either U.S. or foreign employers, emphasizing the importance of cross-border professional exchange.
TN Visa: Temporary Entry
Central to the TN Visa application is the principle of ‘temporary entry,’ as detailed in the vital document, 9 FAM 402.17-7. This principle is foundational, ensuring applicants fully grasp the necessity to prove their visit to the U.S. remains temporary, avoiding the implications of seeking permanent residency.
Unpacking 9 FAM 402.17-7: A Closer Look
- Definition of Temporary Entry: At its core, ‘temporary entry’ under Chapter 16 means entering the U.S. with no intention of establishing permanent residence.
- Crucial Requirements: The applicant must convincingly show that their U.S. tenure is temporary, bounded by a specific end date, and not a means to permanent residency.
- Application Assessment: CBP officers will closely examine your application to ensure that your work engagement in the U.S. is temporary and concludes with your departure from the country.
- Future Immigration Intent: Possessing long-term immigration aspirations does not preclude acknowledging your visit as temporary, provided it’s unrelated to your current application.
- Visa Renewal Perspective: Even if a TN Visa undergoes multiple renewals, extending a stay, it can retain its temporary classification, absent a direct intent for permanent migration.
Conclusion
Grasping the ‘temporary entry’ concept outlined in 9 FAM 402.17-7 is pivotal for TN Visa hopefuls from Canada and Mexico. It’s a crucial step in substantiating the temporary nature of your U.S. stay. While this guide offers a comprehensive overview, individual circumstances may differ.
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Additional Outside Resources
- 9 FAM 402.17 USMCA PROFESSIONALS – TN AND TD VISAS
- INA 214(b)
- 22 CFR § 41.59 – Professionals under the United States-Mexico-Canada Agreement (USMCA).
We Can Help!
You may have questions regarding your TN Visa status. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
