TN-Visa 

Temporary Visas > TN-Visa

A TN visa is a work visa specifically for Canadian and Mexican citizens who are coming to the United States to engage in professional activities. While a TN visa is similar to H-1B, there is no statutory limitation on how long one may stay on this status as there is for Hs and Ls. It also covers a broader range of job categories than Hs and Ls. However, unlike H-1B visa applicants, TN applicants must prove their intent not to immigrate. The North American Free Trade Agreement (NAFTA) defines a “professional activity” as, requiring “at least a baccalaureate degree or appropriate credentials demonstrating status as a professional.” “Software Engineers” are included within NAFTA, as USCIS has determined that engineering is not limited to any field.

A TN visa holder may not be self-employed while in the United States. However, if an individual wants to enter the United States to perform work for a US company where he or she owns an interest in the Canadian company contracted to perform work, the TN visa can be granted.

In order to apply for a TN visa, the following must be shown: proof of citizenship, letter from the prospective employer which describes in detail the activities the applicant is to perform to show that he or she will be working in a professional capacity, diplomas, degrees, certificates or professional memberships, etc. The application must also state the professional activity that the Beneficiary will engage in, purpose of entry, estimated length of stay, Beneficiary’s educational qualifications and arrangements for salary to be paid to Beneficiary. Education evaluations should be prepared for Canadian or Mexican degrees and for degrees received outside of the US, Canada or Mexico.

The spouse and children, who are minors and unmarried, of the TN visa holder may accompany her to the US or follow to join with a TD visa. TD visa holders are not allowed to be employed unless otherwise authorized. However, TD visa holders are permitted to attend school full time. In California, a TD or TN visa holder cannot possess the legal capacity to be a resident of the state for the purpose of in-state tuition.

The doctrine of dual intent is not applicable for a TN visa holder. For example, a TN visa holder with a pending and/or approved I-140 application may denied entry into the United States at the border as an intending immigrant.

If you would like to file a TN visa and/or require additional information in regard to TN visas, please contact Arjun Verma, Immigration Attorney, 1754 Technology Dr., Suite #214, San Jose, CA 95110. Phone Number (408) 436-1010.