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The TN Visa Explained

In this article, you will discover:

  • Important facts about the TN Visa
  • What to do if your application is rejected
  • How an attorney can benefit your immigration case

The TN visa is only available to citizens of Canada and Mexico. The visa is part of the North American Free Trade Agreement (NAFTA) where the idea was to promote ideas and business between the US, Canada, and Mexico and have certain professionals that hold certain degrees or licenses come to the US and work for a US employer under TN visa status.

Who Qualifies For The TN Visa

The TN visa is reserved only for Mexico and Canadian citizens. A TN visa list of occupations outlines the specific occupations that qualify for the visa. A candidate for a TN visa would be somebody with an advanced degree in a particular field, and that field is recognized within the TN statute as a recognized profession. For example, once you finish your college degree in Mexico, the government of Mexico grants you a professional license called a “Cedula Professional” in your specific field of study. For Mexico TNs, a significant determining factor for TN qualification is the possession of that “Cedula Professional.”

The TN visa candidate should have relevant work experience and an employment letter from a US-based employer seeking to hire the candidate in a related position.

How Long The TN Status Is Valid For

TN status is usually granted for a year the first time and can be renewed in two or three-year increments. A qualified candidate can renew the TN visa for an indefinite amount of time as long as the candidate is able to meet the qualifications every year or expiration date.

How To Apply For A TN Visa To Work In The US And How An Immigration Attorney Can Help

The application is made electronically through the U.S consulate website. For Mexican citizens, the U.S. based employer will need to submit a support letter indicating the proposed job title and duties. The letter and supporting documentation are often submitted the day of the appointment at the consulate. A decision on whether to grant TN visa status is usually made that same day by the consular officer.

A qualified TN visa candidate can also file a change of status to TN visa from that of a visitor. This change of status is filed when the candidate is within the United States and a trip abroad may be impracticable. The TN visa process may seem simple, but the requirements for the qualifying occupations can present complex issues. An immigration attorney can help identify any potential issues to increase the probability of success.

It is prudent to consult an immigration attorney prior to starting a TN visa process. The application process can become complicated and could potentially make a qualified candidate inadmissible. This could have long-term consequences on future visa applications.

Limits On TN Issuances Each Year

Unlike other visa categories, there is no statutory limit on the amount of TN visas issued each year. This is a unique advantage for Mexican and Canadian citizens. All other citizens of other countries may not apply for a TN visa. A qualified candidate may continue to apply/renew their TN visa as long the qualifications are met. TN visas are normally granted in one-year increments.

Options If The TN Application Is Denied

A candidate may re-apply if the initial application is rejected/denied. The applicant should ask clarification questions to the consular officer about why the application is denied. The consular officer will usually provide an explanation as to why the TN visa application was rejected or denied. Consulting an immigration attorney after a rejection may be helpful if the candidate wishes to apply again. An attorney may be able to provide some insight into the reason for the denial and can assist in preparing a new a TN visa application on behalf of the candidate.

A candidate is not time barred from re-applying. A candidate may continue to re-apply as long as the qualifications are met. Once the consular officer is satisfied that the qualifications have been met, a TN visa will be issued.

For more information on Immigration Law TN Visas in Texas, an initial consultation is your next best step. Get the information and legal answers you seek by calling (956) 766-4000 today.

Ricardo Ramirez

Call Now To Get A Detailed Case Evaluation (956) 766-4000

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