Ultimate Guide on How to Get TN Visa

Ultimate Guide on How to Get TN Visa

Have you ever heard about NAFTA professionals? In the event you haven’t, allow us to clarify what NAFTA is first. The North American Free Commerce Settlement NAFTA is created for particular commerce and financial relationships between the USA, Canada, and Mexico.

Primarily based on this settlement, a TN visa is designed to enable sure professionals from Canada and Mexico – NAFTA professionals, to work in the USA. In fact, there are some necessities {that a} citizen from these nations has to fulfill to be eligible to use for a TN nonimmigrant visa, however it is very important word that it lets you have interaction in enterprise actions at knowledgeable degree.

NFTA professions for Canadian and Mexican residents could be divided into three teams:

• Common
  • Accountant
  • Architect
  • Laptop Methods Analyst
  • Economist
  • Engineer
  • Lodge Supervisor
  • Administration Guide
  • Industrial Designers
• Medical/ Allied Professionals
  • Dentist
  • Medical Laboratory Technologist
  • Nutritionist
  • Pharmacist
  • Registered Nurse
• Scientist Professionals
  • College and School Academics
  • Epidemiologist
  • Meteorologist
  • Pharmacist
  • Physicist
  • Analysis Assistant, and so on.

The whole record of NAFTA professions you’ll find here

Who’s eligible for a TN visa?

To be eligible to obtain a TN visa, there are a number of necessities that it’s good to meet.

1. Coming from Canada and Mexico

It’s reserved just for Canadian and Mexican residents who intend to have interaction in enterprise actions within the U.S. as professionals full-time or on a part-time foundation. As we talked about earlier, this TN visa is designed explicitly for Mexican and Canadian professionals. Which means that immigrants coming from different nations and assembly another necessities nonetheless can’t apply for it beneath any circumstances.

2. Not all professions are admissible:

When TN visa necessities, it is best to first have a look at the NAFTA record, which includes professions that may be granted the TN visa. A few of these, we talked about earlier within the textual content, and you can too comply with the supplied hyperlinks to be taught extra on learn how to acquire a TN visa as a NAFTA skilled.

3. Having a sound job supply

The present legitimate job supply from a U.S. employer awaiting for you who can be your sponsor is required. To come back to the USA to work as knowledgeable on a TN visa, it’s a must to have an organized job place upfront. In different phrases, utilizing this visa to search for a job after you come to the USA will not be an possibility.

4. Holding the required diploma

You need to maintain the required diploma, licenses, and/or expertise to carry out the provided job.

5. Demonstrating intention to not keep in the USA

There must be a transparent intention to depart the USA on completion of your licensed keep.

Present legal guidelines and rules declare that as NAFTA skilled you could be granted a TN visa for durations of as much as three years. Nonetheless, U.S. immigration officers can resolve to permit you a shorter interval of keep, specializing in how lengthy your place in the USA will final.

Nonetheless, as an applicant for a TN visa, it’s a must to set up “nonimmigrant intent.” Which means that you’re required to persuade the U.S. immigration authorities that you simply don’t have intentions to remain within the U.S. completely and that you’ll ultimately return to your property nation.

What are the “90 Day Rule” means for TN Visa Holders

For the reason that TN visa will not be a “twin intent” visa, you’re declaring an intention to go away earlier than your visa expires while you enter the USA.

If the Customs and Border Protection (CBP) officers discover out that you simply had lied while you entered the nation, your inexperienced card software may very well be denied. To keep away from that, it’s good to perceive the time frame known as the “90-day rule” utilized by immigration officers to find out whether or not the applicant was trustworthy about their unique causes for coming to the USA.

Ultimate Guide on How to Get TN Visa

How the 90-day rule works

Suppose you apply for a inexperienced card inside the first 90 days of getting into the USA. In that case, the U.S. authorities will presume that you simply “willfully misrepresented” your purpose for coming — in different phrases, that you simply went to the USA meaning to immigrate slightly than to work briefly beneath the phrases of a TN visa.

However, in case you apply for a inexperienced card greater than 90 days after getting into the USA, the officers will presume that your circumstances or intentions modified and that you simply didn’t “willfully misrepresent” your causes for coming. Often, they may enable the inexperienced card software to proceed.

How one can calculate 90 days

To verify when the 90-day rule would apply, it is best to have a look at the I-94 journey report (the “Type I-94 Arrival/Departure Document”) and discover the date of your most up-to-date entry into the USA. On this date, you then add 90 days.

Your pathway from a TN visa holder to a inexperienced card will rely on whether or not your partner is a inexperienced card holder or a U.S. citizen. Additionally, it depends upon how you’ll apply for it: through Adjustment of Standing (AOS) or consular processing.

The method known as “Adjustment of Standing” is utilized by most candidates. The USCIS will deal with your software when you are in the USA. This lets you apply for a piece allow, so in case your TN nonimmigrant visa expires, you could preserve working lawfully. Nonetheless, as an AOS applicant, it’s a must to watch out to keep away from triggering the 90-day rule.

On the opposite facet, the method known as “Consular processing” is utilized by most candidates who usually are not on the time in the USA. On this case, a U.S. consulate or embassy in your house nation will deal with your visa software. It means you’ll should return to your property nation for a medical examination and consular interview. (Ultimate Guide on How to Get TN Visa)

Case 1: Your partner is a U.S. citizen

As we talked about above, on this case, you’ll apply for the inexperienced card utilizing AOS. You and your partner will file two types:

1. Your partner will file the household sponsorship type (Type I-130- the “Petition for Alien Relative”)
2. You’re required to file the inexperienced card software (Type I-485- “Software to Register Everlasting Residence or Modify Standing”)

Often, each of you’ll file these types on the identical time.

Case 2: Your partner is a U.S. citizen, and you utilize consular processing

Making use of for a inexperienced card through consular processing is often utilized by candidates residing outdoors the USA. However, it might even be initiated from inside the nation. Nonetheless, in that case, you would need to return to your property nation for an interview and medical examination.

Since you’ll go away the nation and received’t set off the 90-day rule, this strategy is the most secure technique to shift from a TN standing to a inexperienced card.

However remember the fact that as a consular processing applicant, you may’t stay in the USA or achieve employment authorization in case your TN visa expires earlier than you acquire the inexperienced card.

The appliance course of is identical because the one utilized by the spouses of U.S. residents residing overseas:

1. Submitting the household sponsorship type (Type I-130- “Petition for Alien Relative”) with USCIS.
2. Upon the approval of the I-130 type, your case can be transferred to the Nationwide Visa Middle (NVC), so it’s a must to pay charges, file the DS-260, and mail in your supporting paperwork.
3. Consulate or embassy in your house nation will obtain your paperwork. You’re going to get a time and date to your consular interview. Keep in mind that you’ll have to convey your medical examination outcomes when coming to the interview.

Sometimes, the entire course of takes 11-17 months.

If you don’t get your software’s approval throughout your consular interview, you could obtain a request for proof (RFE) or a follow-up interview.

Case 3: Your partner is a inexperienced card holder

In case your partner holds a inexperienced card, you may file your TN visa software both via AOS or consular processing. Nonetheless, you’ll want to attend for a inexperienced card to turn into out there for you.

Generally it’s good to go away the USA and full your software utilizing consular processing. Nonetheless, for each case eventualities, you’ll first have to file the household sponsorship type or Type I-130. Upon the approval of Type I-130, you could look ahead to a visa quantity displaying {that a} inexperienced card is offered to you.

If it turns into out there for you earlier than the TN visa expires, you could keep and apply for a inexperienced card utilizing AOS. Additionally, utilizing the consular processing, you may apply from inside the USA, but when your TN visa expires earlier than your inexperienced approval, you’ll have to go away the USA.

Ultimate Guide on How to Get TN Visa

If a inexperienced card turns into out there after your TN nonimmigrant visa expires, you’ll should return to the house nation to finish your inexperienced card software via consular processing.

To use through AOS, it’s a must to file Type I-485 (“Software to Register Everlasting Residence or Modify Standing). It is possible for you to to stay in the USA and get a piece allow till you wait, usually 29-38 months. (Ultimate Guide on How to Get TN Visa)

Making use of for a TN visa standing via consular processing requires you to file the DS-260 on-line. In the event you apply from inside the USA, you’ll should return to your property nation for a medical examination and consular interview. The entire course of usually takes 23-32 months, and also you received’t be capable to stay in the USA in case your TN visa expires earlier than your inexperienced card is accredited.

In the event you start an software via AOS, you’ll should watch out to not set off the 90-day rule, however you’ll be capable to stay in the USA and request permission to work even after your TN visa expires. In the event you use consular processing, you’ll keep away from any issues with the 90-day rule, however you’ll have to go away the nation earlier than your TN visa expires.

How Our Immigration Legal professionals Might Assist

Herman Legal Group is a northern border legislation agency with places of work in 11 cities throughout the USA, together with the places of work in Cleveland, Detroit, and Buffalo. Having intensive expertise in immigration legislation follow, our legal professionals might allow you to handle the immigration course of and maximize your success alternative. In the event you intend to use for a TN nonimmigrant visa however discover this course of difficult, be free to contact us.

Our immigration attorneys allow you to together with your TN visa software, but additionally will reply all authorized questions associated to your software, advise you on methods and paths that it is best to take, in addition to whether or not your particular state of affairs would possibly have an effect on your inexperienced card software and methods on learn how to deal with it.

Having a dependable immigration lawyer is a key to fulfill move simply via the method, avoiding taking improper steps that may value an opportunity to return to the USA.