TN visa Canadian/Mexican - Employment Immigration

TN VISA (NAFTA) Mexican and Canadian Professional Worker

Whether you are a Canadian or Mexican Professional, Pedersen Law will take care of the entire TN Visa Immigration process from start to finish, including preparing your case for Border & Consular approval and providing legal advice and guidance to both you and your employer every step along the way…

Overview

The "TN" Visa is available to Professionals who are citizens of Mexico or Canada under the North American Free Trade Agreement, otherwise known as NAFTA.

The TN visa (Trade NAFTA) is a special non-immigration status unique to citizens of the United States, Canada and Mexico, created by the North American Free Trade Agreement (NAFTA). TN Visas allow Canadian and Mexican citizens the opportunity to work in the United States in many professional occupations for up to a period 3 years and renewals of TN visas can be done indefinitely, as long as the TN worker continues to work for a qualifying U.S. employer.

During this time, many workers on TN visas obtain permanent residency (“Green Card”) in the United States, through sponsorship by their employer. This process requires the employer to file a Labor Certification application “called a “PERM”, which is the first step in the process to obtain residency.

Family Members

Spouses and minor children of TN professionals receive TD Visas to live in the U.S. during the TN Visa. This allows them to live in the U.S. and attend school, but they cannot engage in employment in the United States unless they are independently qualified in either the TN Visa or another employment based category.

Processing & Timing

For Canadians, the TN work visa can be approved at the border the same day and for Mexicans, within several days at the U.S. Consulate.

Changing Employers, Extending the TN Visa

Once an TN Work visa is issued to you, you may change jobs (employers) fairly easily, without having to wait for a TN Work visa petition approval. Regulations now only require that the new employer file a TN Work visa petition and receive the I-797 Receipt, in order for authorized employment to begin. However, in order for you to continue working for the new employer, the new TN Work visa must be approved.

Qualifications and Procedures

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 the list of NAFTA Treaty Professions below) meaning a professional position which requires a minimum of a Bachelor's degree in most cases.

To meet the requirements, the professional position offered must require the same or similar type of educational background or experience that you possess. For instance, a foreign national with a bachelor's degree and/or experience in Finance Management would not be qualified for a position as a Fashion Designer or Chef, but would, however qualify for a position offered in a bank, finance company or related field.

Educational Degree Requirements

Canadian University degrees are accepted without the requirement for evaluation to a U.S. degree equivalency. However, Mexican citizens must hold a titulo to fulfill the baccalaureate degree requirement, a carta de pasante is not sufficient for NAFTA professions that require a baccalaureate degree and must be evaluated by a credentials evaluation company. Further, all Mexican titulo degrees and transcripts should be ‘certified”. Our Firm will arrange for a qualified credentials evaluation company to provide your evaluation, once we receive a copy of your Diploma(s) and Transcripts.

NAFTA Treaty Professions

Recognized TN Professionals

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.

We Can Help You Make Your Immigration Dreams Come True!

For more information on Business Immigration, call or email our office to schedule an Attorney Consultation so that we can fully review your circumstances and give you the best, most honest advice concerning what steps you can take to obtain residency.

To help you succeed in obtaining your Work Visa and Green Card, our Firm will carefully review your eligibility, provide valuable advice regarding your qualifications, prepare a professional case, properly support your case with all the required documentation, represent you through the proceedings and support you through the entire immigration process. We look forward to meeting you and helping you to achieve your immigration dreams!

Find out how Pedersen Law can make your Immigration dreams come true! Your Success Is Our Greatest Reward – see you soon...

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