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TN Visa Lawyers in Orlando

Help for NAFTA Professionals

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If you are not a United States citizen but need to work in the U.S., there are multiple avenues you can take to gain access to the country for professional purposes. One option is to obtain a TN visa. This is a very specialized type of visa that is only available to Mexican and Canadian citizens, and only under certain conditions.

It can be difficult to understand whether you qualify for a TN visa, and navigating the application process can be even more confusing. When pursuing a U.S. visa, it is essential to have the guidance of a knowledgeable lawyer. Our legal team can advise you on whether or not your qualify for a TN visa, can help you with your application and other legal considerations, and can provide support throughout your journey to obtain a visa and begin working in the United States.

What is a TN Visa?

NAFTA is the North American Free Trade Agreement. The NAFTA agreement sets up trade agreements for the United States, Canada and Mexico. The TN visa is a non-immigrant visa created in 1992. It is available to Mexicans and Canadians citizens temporarily entering the U.S. to work in professional fields pre-designated in the NAFTA Treaty. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional TN visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.

TN-1 Visa Privileges

  • If you have a TN-1 visa you can legally work in the U.S.
  • You may travel in and out of the U.S.
  • TN-1 visa holders may be employed on a part-time basis
  • May change or add employers without losing status by following proper procedures
  • May bring his/her spouse and minor dependents to the U.S. on TD visas
  • Dependents with the TD visa can attend U.S. schools, colleges and universities, but cannot work
  • TN visa holders may bring a domestic servant to the U.S. on a B-1 visa, if he/she meets the requirements set

What is a NAFTA Professional?

TN visas are only available to “NAFTA professionals.” Having this type of visa grants access to the United States for people in certain professions. The enactment of North American Free Trade Agreement (NAFTA). created trade relationships between the United States, Canada, and Mexico, which is why the TN classification is only available to citizens of North American nations.

Lawyers, teachers, and engineers are only some of the professional positions that can qualify a person for TN classification. You can learn more about the types of roles that may qualify you as a NAFTA professional by visiting this page from the United States Citizenship and Immigration Services’ (USCIS) website. You can also discuss your qualifications with our lawyers.

How Do I Qualify for a TN Visa?

Generally, TN classification is available to Canadian and Mexican citizens who work in qualified professions and are employed in the United States, specifically in a “position in the United States [that] requires a NAFTA professional,” according to USCIS. Additionally, applicants must be able to demonstrate that they are qualified for the profession they have identified in their application.

Professionals of Canada or Mexico may work in the U.S. under the following conditions:

  • Applicant is a citizen of Canada or Mexico;
  • Profession is on the NAFTA list;
  • Position in the U.S. requires a professional that is on the NAFTA list;
  • 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

There are different qualifications for Mexican and Canadian citizens. The USCIS explains, “Unlike Mexican citizens, Canadian citizens are generally eligible for admission as nonimmigrants without a visa. The TN category, a nonimmigrant classification, simply reflects this general exemption from the visa requirement.” Canadian citizens may be able to obtain TN classification upon entering the United States, whereas Mexican citizens must obtain a visa.

Can My Dependents Live in the United States Under a TN Visa?

If you are seeking a TN visa and would like to bring your spouse, children, or other dependents with you to the United States, this is permitted. Like the Canadian citizens that achieve TN status, their dependents do not need a visa if they are also Canadian citizens. They will, however, need to provide documentation that demonstrates that their parent or spouse has TN classification, as well as their relationship to that person. Dependents who are Mexican citizens will need to obtain a visa and show proof of their parent or spouse’s TN status. The permissions for dependents who are not citizens of Mexico or Canada vary by case.

Dependents who are allowed to enter the United States with their spouse or parent can study in the country but cannot work.

Call to Learn More

There are a lot of complex details involved with obtaining a TN visa and being permitted to work in United States. Contact NeJame Law for answers to your questions, and to get started on your case.

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