The TN visa allows qualified citizens of Canada and Mexico to work in the United States in specific professional roles. If you’re considering applying for a TN visa, you may have some common questions about the process. Here, we answer those frequently asked questions to help you navigate the process more easily.
If you’re an employer looking to sponsor a TN visa applicant, we have a dedicated FAQ guide just for you.
Common TN Visa Questions
1. Can I go to the United States on a visitor visa and apply for a TN visa while I’m in the U.S.?
Technically, you can enter the U.S. on a visitor visa and apply for a TN visa while in the country. However, this can be risky because U.S. immigration law typically doesn’t allow visitors to plan a change of status at the time of entry. While it’s not impossible, it could raise red flags with immigration authorities. All TN visa applications are processed through the Vermont USCIS office, regardless of where you apply from. So, it’s important to weigh the potential risks before deciding to do this.
2. I’m an IT contractor working with U.S.-based clients through a Canadian corporation. Can I sponsor myself for a TN visa, or would an L-1A visa be a better option if I want to expand my business into the U.S.?
For the TN visa, you must have an employer to sponsor you. You cannot sponsor yourself or have a controlling interest in the company that is sponsoring your TN visa. However, if you own your business and want to move it to the U.S., the L-1A visa might be a better option, but you’ll need to provide extra evidence that your business placement in the U.S. is temporary.
3. What happens if my TN visa application is denied by USCIS? Will I be banned from entering the U.S.?
If your TN visa is denied, it depends on the reason for the denial. If it’s due to fraud, this could impact your ability to apply for other U.S. visas or enter the country in the future. However, if the denial is because your job position didn’t qualify for the TN category, you can still apply for a TN visa again. You may face extra scrutiny in future applications, but with the right documentation and guidance, this can usually be resolved.
4. Is it a good idea to send my documents in advance before my appointment at the border?
For most U.S. entry points, you are not able to send documents ahead of your appointment. You will generally need to bring your documents with you when you arrive at the border. However, if you plan to cross through the Buffalo, New York port of entry, they now require you to upload your documents in advance and schedule an appointment. It’s a good idea to check the specific requirements for the port of entry you’ll be using. You can find more information about this on the U.S. Customs and Border Protection website.
5. Can I apply for a green card while on a TN visa if my spouse is a U.S. green card holder? Can I still travel for work while my green card application is in process?
While you can technically apply for a green card while on a TN visa, you won’t be able to extend your TN visa after you file your green card application. This is because the TN visa is not a “dual-intent” visa. Filing for a green card is considered evidence that you intend to stay permanently in the U.S., which makes your TN status invalid.
Once you file for a green card, you also cannot travel outside the U.S. while the application is pending. If you leave the U.S. while your green card application is being processed, your application may be considered abandoned. If you need to travel, you can apply for advance parole (travel authorization), but if you leave the country, you’ll be re-entered as an adjustment applicant, not under your TN status. This means you will lose your TN visa status.
6. I’m on a TN visa, and my husband is a U.S. citizen. What is the process for obtaining a green card through marriage?
If you’re on a TN visa and married to a U.S. citizen, you can apply for a green card based on your marriage. However, you should avoid applying for a green card within 90 days of entering the U.S. on a TN visa. Once you’ve entered legally, and you’re married to a U.S. citizen, you can apply for a green card.
To apply for a green card while in the U.S., you must meet these basic requirements:
- Lawful Entry: You must have entered the U.S. legally (with some exceptions).
- Qualifying Relationship: You must be married to a U.S. citizen, which qualifies you to receive an immigrant visa.
- Immigrant Visa Availability: For spouses of U.S. citizens, immigrant visas are always available.
- Admissibility: You must be admissible to the U.S. This means you don’t have any issues that would make you ineligible for a green card, such as a criminal history or previous immigration violations.
How long does it typically take to get a TN Visa approved
The typical processing time for a TN visa varies depending on the applicant’s nationality and the application method used:
For Canadian Citizens:
If applying at a U.S. port of entry, the process can take about 1-2 hours for approval upon presentation of the application.
If applying through USCIS by mail, processing generally takes 2-4 months.
For Mexican Citizens:
The overall processing time can range from 6 to 10 weeks, which includes preparing the application and scheduling a visa interview at a U.S. consulate. After the interview, additional administrative processing may take an extra 3 to 6 weeks in some cases.
Premium Processing Option:
For those who opt for premium processing through USCIS, decisions are made within 15 business days, significantly speeding up the application process.
Essential Documents for TN Visa Application
Proof of Citizenship
A valid passport from Canada or Mexico serves as proof of citizenship. This is mandatory for all applicants.
TN Support Letter
A letter from the U.S. employer detailing:
- The specific TN occupational category.
- A description of the job duties and how they align with NAFTA requirements.
- The applicant’s qualifications for the position.
- Anticipated length of stay and terms of compensation.
- This letter must be printed on company letterhead and signed by the employer
Employment Contract
Although not always necessary, having a clear employment contract can support the application by outlining the terms of employment.
Proof of Educational Qualifications
Documentation such as diplomas, degrees, or professional certifications that demonstrate eligibility for the specific TN occupation is required.
Work Experience Letter
Letters from previous employers that outline relevant work experience can strengthen the application.
Employer’s Business Materials
Additional materials about the employer’s business (e.g., brochures, corporate filings) to verify the legitimacy of the company.
Form DS-160 (for Mexican citizens)
This is the Nonimmigrant Visa Electronic Application form that must be completed and submitted by Mexican applicants.
I-129 Petition (for Canadian citizens applying by mail)
Canadian applicants need to file this petition with USCIS if applying by mail.
Proof of Payment for Application Fee
Evidence showing that the TN visa application fee has been paid is required at the time of application.
Additional Supporting Documents
While not mandatory, including items like transcripts, academic evaluations, and proof of ties to the home country (e.g., property ownership) can help substantiate the application.
Licensure (if applicable)
If the profession requires licensing in the U.S., proof of such licensure should be included.
How do I prove strong ties to my home country for the TN Visa?
To prove strong ties to your home country for a TN Visa application, you should focus on demonstrating various connections that indicate your intention to return after your temporary stay in the U.S. Here are key areas to consider:
1. Family Ties
- Immediate Family: Highlight relationships with immediate family members (spouse, children, parents) residing in your home country. Provide documentation such as birth certificates and marriage certificates to substantiate these ties.
- Letters of Support: Obtain letters from family members affirming your relationship and their reliance on you, which can strengthen your case.
2. Employment Status
- Job Security: Present evidence of stable employment, such as employment contracts, pay stubs, or a letter from your employer confirming your position and expected return date. This demonstrates your commitment to your job back home.
- Business Ownership: If applicable, include proof of ownership of a business or significant assets that require your presence in your home country.
3. Property Ownership
- Demonstrating ownership of property (land, homes, vehicles) can serve as tangible proof of ties to your home country. Provide documents like property deeds, mortgage agreements, or vehicle registrations.
4. Financial Assets
- Show evidence of financial stability through bank statements or investment accounts held in your home country. This indicates economic reasons for returning after your visit.
5. Community Involvement
- If you are actively involved in community organizations, clubs, or religious groups, mention these connections. Include documents such as membership cards, participation certificates, or letters from community leaders verifying your involvement.
6. Educational Commitments
- If you are enrolled in an educational institution in your home country, provide proof of enrollment or acceptance letters. This can illustrate a compelling reason to return after your stay in the U.S.
7. Personal Statement
- Prepare a sincere personal statement outlining your reasons for traveling and emphasizing your strong intention to return home after your visit. This narrative can help convey your ties effectively during the visa interview.
By meeting these criteria, you can apply for your green card through marriage and adjust your status while in the U.S.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for a TN Visa or an F-1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
