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TN Visa: Additional Information

What is a NAFTA profession?

To qualify as a NAFTA profession, required education must be a minimum of a bachelor degree or higher or relevant credentials establishing that the occupation is a professional. NAFTA professions include accountants, engineers, lawyers, pharmacists, scientists, and teachers. The complete list is found in NAFTA appendix 1603.D.1 and at 8 CFR 214.6(c), and also in the previous article on our website. If you have questions about the TN visa and would like to consult with an attorney, contact The Law Firm of Shihab & Associates. We have over 50 years of combined legal experience in a wide variety of complex and immigration law matters.

What are the degree requirements?

Most of the NAFTA profession requires at least a bachelor degree. For those professions that require a degree, work experience in lieu of degree is generally not accepted. Three-year Canadian bachelor degrees are acceptable.

How long can I stay in the US on a TN visa?

There is no limit to the number of times you can apply for a TN visa, no limit to the number of US admissions you can make, and no limit to the number of visa extensions you can apply for. The initial period of stay is a maximum of three years, and extensions are also limited to three years. There is no limit or cap on the number of TN visas issued each year.

TN employer required

To qualify, you must have a job offer from an employer that is located in the US. You may not be self-employed, but you may be an independent contractor for the employer. Your employer should provide you with a letter that you can use as evidence in support of your TN visa petition. The letter should include a description of the firm, detailed description of the position, and job requirements including work experience, licensing, and education.

Does the TN visa lead to a green card?

The TN is a nonimmigrant visa category that requires the worker to have nonimmigrant intent, which means that the person must intend to work temporarily in the US and then return to his/her home country. The TN is different than the non-immigrant visas H-1B and L-1 that allow dual intent. Having TN status does not mean your green card application will be denied, but it does mean your next TN extension application will likely be denied. If you are in TN visa status, and you want to apply for a green card, you may want to consider changing status to H-1B, L-1, or E-2 first depending on your circumstances.

What about my spouse and children?

As a TN visa professional, you may bring your spouse and minor children with you to the US in TD visa status. They may obtain the TD visa even if they are not citizens of Canada or Mexico. All non-Canadian dependents must get a visa stamp at the consulate. If you would like further information about the TN visa or any other immigration matter, please contact our immigration attorneys at The Law Firm of Shihab & Associates, Co., LPA to schedule a consultation with an attorney at an office near you.

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