What is a TN Visa?
It is a temporary visa that allows citizens of Canada and Mexico to work in the United States in certain professional fields. This visa, introduced under the North American Free Trade Agreement (NAFTA) and now part of the USMCA, is available to individuals who meet specific qualifications for jobs listed in the agreement. It’s valid for up to three years and can be renewed as long as the applicant still meets the eligibility requirements.
Who Can Apply for a TN Visa?
To qualify for a TN visa, you need:
- Proof of Canadian or Mexican citizenship (like a passport).
- A full-time or part-time job offer in the U.S. with a U.S. employer (or a foreign company with a U.S. office).
- The necessary qualifications for the job, such as a bachelor’s or master’s degree.
- The job must be listed under one of the 60 NAFTA-approved professions, such as engineers, lawyers, social workers, and dentists.
How to Apply for a TN Visa
- For Canadians: You can apply directly at a U.S. port of entry or have your employer apply to USCIS.
- For Mexicans: You must apply through a U.S. embassy or consulate and attend an interview before entering the U.S.
How Difficult is it to Get a TN Visa?
Getting a TN visa is generally simple if you meet the qualifications. You need to have a job offer in a qualifying profession and ensure that all your paperwork is correct and complete.
What Does a TN Visa Cost?
- The application fee for a TN visa is typically $160 when applying at a U.S. consulate.
- If applying at the border, there is a fee of about $56 for processing. This fee includes $50 for the visa and $6 for your travel record (I-94).
TN Visa vs. H-1B Visa: Which One is Better?
Both the TN and H-1B visas allow you to work in the U.S., but they have different advantages and disadvantages. Here’s a comparison:
Advantages of the TN Visa
- No annual limit: Unlike the H-1B, there’s no cap on the number of TN visas issued.
- Faster processing times: TN visas are usually processed more quickly.
- Lower cost: The TN visa is less expensive than the H-1B visa.
- No dual intent required: You don’t have to prove that you’re not planning to immigrate to the U.S.
- Can be extended indefinitely: As long as you meet the requirements, the TN visa can be renewed.
Disadvantages of the TN Visa
- Job-specific: You can only work in the profession listed on your TN visa.
- Job changes: If you want to change employers, you must apply for a new TN visa.
- Strict re-entry rules: If you’ve been abroad for a long period, you may need to reapply to enter the U.S.
Advantages of the H-1B Visa
- Broader job options: The H-1B visa covers more professions than the TN visa.
- Dual intent: You can seek permanent residency (a green card) while on an H-1B visa.
- More flexibility: You can switch employers without needing a new visa.
Disadvantages of the H-1B Visa
- Limited availability: There’s an annual cap and a lottery system.
- Higher cost: The H-1B visa has higher application fees.
- Longer processing times: It usually takes longer to get an H-1B visa than a TN visa.
What Do I Need to Apply for a TN Visa?
- A TN support letter from your employer detailing your job, qualifications, and salary.
- Proof of your qualifications (e.g., transcripts or diplomas).
- The application fee.
- If you’re Canadian, your employer can also file Form I-129 with USCIS. If you’re Mexican, you’ll need to submit Form DS-160 and attend an interview at a U.S. embassy or consulate.
Frequently Asked Questions (FAQs)
Can my family come with me?
Yes, your spouse and children under 21 can join you under a TD (TN-dependent) visa. Canadian citizens don’t need a visa; others must apply at a U.S. embassy.
Can my spouse work?
No, the TD visa does not allow spouses of TN visa holders to work, but they can study.
Can I extend my TN visa?
Yes, you can extend your TN visa. Canadians can apply at a U.S. port of entry; Mexicans must apply through USCIS.
Can I change employers?
If you want to switch employers, you must apply for a new TN visa.
Can I apply for a green card on a TN visa?
The TN visa is not a dual-intent visa, meaning it’s for temporary work. However, if you marry a U.S. citizen, you may be able to adjust your status to a green card holder.
Can I study while on a TN visa?
Yes, you can study, but you must still comply with the terms of your TN visa. If your TN visa expires during your studies, you can either extend your TN status or change to a different visa type.
Can I get a TN visa without a degree?
It depends on your job. For many professions, a degree is required. However, in some cases, relevant experience or certificates may be sufficient.
What if I lose my job?
If you lose your job while on a TN visa, you have 60 days to find a new employer or change your status.
Do I need a lawyer?
It’s not required, but you might want to consult an immigration lawyer for help with the application process or if your situation is complicated.
By following these guidelines and preparing your application carefully, a TN visa can be a great way for Canadian and Mexican professionals to live and work in the U.S.
