How to obtain a TN Visa to Work in the US
Sky Usa Law is a U.S. law firm guiding Canadian and Mexican Nationals obtain the TN Nafta Treaty Visa.
Sky Usa Law provides our legal experience and expertise to assist professionals and their families from Canada and Mexico obtain the TN Nafta Treaty Visa to work in the United States.
Once eligibility is established for both the employer company and prospective employee, our Law Firm will prepare the entire case, from start to finish for submission to the either the Border Post or U.S. Consulate to obtain the TN visa.
· In order to properly prepare the case, we will need to prepare a complete summary of the petitioning employer to show it’s company background, financial qualifications, as well as the background of the employee.
· Once the TN Visa is approved, application is made with the Social Security Administration for issuance of a social security number, with normally takes about 2-3 weeks to receive TN Visa holders are legal to remain inside the U.S. and work for the sponsoring company during the full 3 year period of the TN Visa.
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· Applicant should be a citizen of Canada or Mexico;
· Profession must be on the NAFTA list;
· Position in the U.S. requires a NAFTA professional;
· Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
· Professional Canadian or Mexican citizen has the qualifications of the profession
Canadian professionals are admitted into the USA in the TN-1 status. Interested applicants must meet the following requirements:
TN status / TN visa Requirements
1. A qualifying job offer in an approved profession; In order to qualify, you must be offered a job from a U.S. employer, you cannot form a company and act as your own employer. The position offered to you by the U.S. employer must be a professional occupation authorized under NAFTA (see below) meaning a professional position which requires a minimum of a Bachelor’s degree in most cases.
Our office will assist you and your employer in drafting the appropriate job offer letter to help you meet the United States Customs and Immigration Services standards.
Contact Us to discuss your profession and qualifications.
Advantages of a TN Visa:
Unlike other visas, the TN Visa is renewable indefinitely, and you are can continue to work legally in the United States for as long as you wish.
Family members of TN Visa holders such as a spouse and children, may come to the United States to attend school. A spouse will need to obtain a separate working permit.
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If you are a Mexican citizen, then you are required to obtain a visa to enter the United States as a TN nonimmigrant. You should apply for a TN visa directly at a U.S. embassy or consulate in Mexico. See the U.S. Department of State webpage, "Mexican and Canadian NAFTA Professional Worker."
Once you are approved for a TN visa, you may apply for admission at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. Please refer to CBP’s website for additional information and requirements for applying for admission to the United States. If a CBP officer finds you eligible for admission, then you will be admitted as a TN non-immigrant.
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· Non-immigrant visa application processing fee - Each applicant for a visitor visa must pay a nonrefundable US $100 nonimmigrant visa application processing fee.
· Visa issuance fee - Additionally, if the visa is issued, there will be an additional visa issuance reciprocity fee, if applicable. If there is a fee for issuance for the visa, it is equal as nearly as possible to the fee charged to United States citizens by the applicant's country of nationality.
· Attorney Fees- Our TN Visa Lawyer charges reasonable and competitive fees for preparation of the file and assisting you with gathering the necessary required documentation, including working with your prospective employers to develop contracts according to USCIS guidelines. Please feel free to contact us for a free consultation.
Contact Us for a Free Consultation to learn more.
The applicant's employer must submit proof that the applicant meets the minimum education requirements or has the alternative credentials set forth in NAFTA agreement. Evidence of professional qualifications may be in the form of degrees, certificates, diplomas, professional licenses, or membership in a professional organization. Degrees, diplomas, or certificates received from an educational institution outside the United States, Canada, or Mexico must be accompanied by an evaluation by a reliable credentials evaluation service specializing in evaluating foreign documentation. Our TN Visa lawyer assists our clients in obtaining equivalency documentation for our clients through certified United States Citizenship Services agencies.
Work Experience Requirement - Document proving to the applicant's experience should be in the form of letters from former employers. If the applicant was self-employed, business records should be submitted proving that self-employment.
Which kinds of Professions qualify?
| General | |
| Accountant | Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A. |
| Architect | Baccalaureate or Licenciatura Degree; or state/provincial license2 |
| Computer Systems Analyst | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma3 or Post-Secondary Certificate4, and three years experience |
| Disaster Relief Insurance Claims Adjuster (claims Adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster) | Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims |
| Economist | Baccalaureate or Licenciatura Degree |
| Engineer | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Forester | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Graphic Designer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
| Hotel Manager | Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management |
| Industrial Designer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
| Interior Designer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
| Land Surveyor | Baccalaureate or Licenciatura Degree; or state/provincial/federal license |
| Landscape Architect | Baccalaureate or Licenciatura Degree |
| Lawyer (including Notary in the Province of Quebec) | LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years); or membership in a state/provincial bar |
| Librarian | M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite) |
| Management Consultant | Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement |
| Mathematician (including Statistician) | Baccalaureate or Licenciatura Degree |
| Range Manager/Range Conservationalist | Baccalaureate or Licenciatura Degree |
| Research Assistant (working in a post-secondary educational institution) | Baccalaureate or Licenciatura Degree |
| Scientific Technician/Technologist5 | Possession of: (a) a theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research |
| Social Worker | Baccalaureate or Licenciatura Degree |
| Sylviculturist (including Forestry Specialist) | Baccalaureate or Licenciatura Degree |
| Technical Publications Writer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
| Urban Planner (including Geographer) | Baccalaureate or Licenciatura Degree |
| Vocational Counsellor | Baccalaureate or Licenciatura Degree |
| Scientist | |
| Agriculturist (including Agronomist) | Baccalaureate or Licenciatura Degree |
| Animal Breeder | Baccalaureate or Licenciatura Degree |
| Animal Scientist | Baccalaureate or Licenciatura Degree |
| Apiculturist | Baccalaureate or Licenciatura Degree |
| Astronomer | Baccalaureate or Licenciatura Degree |
| Biochemist | Baccalaureate or Licenciatura Degree |
| Biologist | Baccalaureate or Licenciatura Degree |
| Chemist | Baccalaureate or Licenciatura Degree |
| Dairy Scientist | Baccalaureate or Licenciatura Degree |
| Entomologist | Baccalaureate or Licenciatura Degree |
| Epidemiologist | Baccalaureate or Licenciatura Degree |
| Geneticist | Baccalaureate or Licenciatura Degree |
| Geologist | Baccalaureate or Licenciatura Degree |
| Geochemist | Baccalaureate or Licenciatura Degree |
| Geophysicist (including Oceanographer in Mexico and the United States) | Baccalaureate or Licenciatura Degree |
| Horticulturist | Baccalaureate or Licenciatura Degree |
| Meteorologist | Baccalaureate or Licenciatura Degree |
| Pharmacologist | Baccalaureate or Licenciatura Degree |
| Physicist (including Oceanographer in Canada) | Baccalaureate or Licenciatura Degree |
| Plant Breeder | Baccalaureate or Licenciatura Degree |
| Poultry Scientist | Baccalaureate or Licenciatura Degree |
| Soil Scientist | Baccalaureate or Licenciatura Degree |
| Zoologist | Baccalaureate or Licenciatura Degree |
| Teacher | |
| College | Baccalaureate or Licenciatura Degree |
| Seminary | Baccalaureate or Licenciatura Degree |
| University | Baccalaureate or Licenciatura Degree |
Spouses and children unmarried children up to the age of 21 may receive a TD Visa. Our TN Visa Lawyer assists our clients families immigrate to the United States by demonstrating the required documentation to accompany a TN Visa Holder. It is important to note that a TN Visa holder’s wife or children are not allowed to work in the United States, and must obtain separate work permits.
Canadian citizen spouses and children do not need visas, but they must have the following documents at the port of entry:
· Proof of Canadian citizenship;
· Proof of relationship to the principal applicant, such as marriage certificate and birth certificate; and
· Photocopies of entry documents of the principal applicant.
Non-Canadian family members, such as spouses or children they must get a TD non-immigrant visa from a U.S. embassy or consulate. They must contact the U.S. embassy or consulate that serves their area for information on how to make visa applications.
Mexican citizen spouses and children must apply for TD non-immigrant visas at a U.S. embassy or consulate.
Spouses or children following to join must show a valid I-94, thereby providing proof that the principal TN visa holder is maintaining his/her TN visa status.
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Citizens of Canada and Mexico can stay maximum period of admission into the U.S is one year. This is the amount of time you are allowed to work on a TN Visa in the U.S. We assist our clients with applying for extensions of length of stay.
Our TN Visa Lawyer assists Canadian and Mexican Nationals with obtaining Extensions to continue working in the United States. The US Government grants extensions of stay in time amounts of one year. There is no limit on the number of years a TN visa holder can stay in the United States. We work with your current and new employer to obtain the necessary documents showing that you have maintained your status and gather the necessary documentation to apply to the USCIS for your extension.
Unfortunately, no. The E3 Visa is an employment based visa which requires an employer that is established in the United States. You can also work for only one U.S. company. For options to work for many employers, please see the O-1 Visa for Artists, Film and Science Professionals.
Yes, the U.S. Tax Guide for Aliens (Publication 519) provided by the Internal Revenue Service (IRS) provides these guidelines. Depending on the duration of stay in the United States, TN visa holders are responsible for taxes as either resident or non-resident aliens. Resident aliens – those with a green card or who had a “substantial presence” in the United States – are taxed like U.S. citizens. Non-residents mostly pay taxes on their income connected to a U.S. trade or business. Remember that “resident” and “non-resident” are categories used by the IRS for tax purposes and do not necessarily reflect immigration status. For more detailed guidelines and instructions, please reference Publication 519 on the IRS’s website.
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