Applying for a TN Work Visa?
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What is a TN 1 Visa?
TN-1 Visa is an excellent option for Canadian and Mexican citizens seeking to live and work in the United States. The TN-1 visa classification is only available to Canadians and Mexicans, and permits Canadian and Mexican nationals to work in the U.S. in one of the qualified under the TN-1 category occupations.
What is the difference between H-1B and TN-1 visa?
TN-1 visa is very similar to the H-1B visa, except it does not have a cap that generally is used up quickly and as such is not subject to a lottery system. In addition, the documentary requirements and procedure is far less burdensome than the H1B visa. Canadian citizens can apply for TN-1 at the border, and is usually granted immediately to qualifying candidates. If you have more than one employer in the U.S, you can file multiple TN1 applications.
What documents I need to apply for TN-1 visa?
First you need to show that you are citizen of Canada or Mexico. A copy of your passport is sufficient to prove nationality.
You have to have a job offer from a U.S. company for professional position (specialty occupation as described below) that qualifies under the TN-1 category.
If required, you have to provide educational credentials or/and evidence of a license or other official permission to practice in the specialty occupation if required as a condition of the employment sought. Where the license or other official permission is not required immediately, an alien must demonstrate that he or she will obtain such licensure or permission within a reasonable period of time following admission to the United States.
Lastly, you must show that your stay in the United States will be temporary. This can be accomplished by producing a signed statement declaring the applicant’s intent to depart the country upon the expiration of the visa.
What professions qualify for TN visa?
The following professionals can qualify under the TN1 category:
- Disaster relief insurance claims adjuster
- Graphic designer
- Hotel manager
- Industrial designer
- Interior designer
- Land surveyor
- Landscape architect
- Management consultant
- Range manager/range conservationist
- Research assistant
- Scientific technician/technologist
- Social worker
- Technical publications writer
- Urban planner
- Vocational counselor
- Teacher (college, seminary, university)
- Medical/allied professional (dentist, dietician, medical laboratory technologist, nutritionist, occupational therapist, pharmacist, physician, physical therapist, psychologist, recreational therapist, registered nurse and veterinarian)
- Scientist (agriculturist, animal breeder, animal scientist, apiculturist, astronomer, biochemist, biologist, chemist, dairy scientist, entomologist, epidemiologist, geneticist, geo-chemist, geologist, geophysicist, geologist,
geophysicist, horticulturist, meteorologist, pharmacologist, physicist, plant breeder, poultry scientist, soil scientist and zoologist)
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What does a “Specialty Occupation” mean?
One of the requirements of the TN-1 visa is that the job meets the requirement of a specialty ( or professional) occupation. Essentially, the minimum requirement for the applicant is that he/she has a bachelor’s degree but the focus really is on the job. That is, even if an applicant has a bachelor’s degree, the government will look at whether or not the job requires one.
To qualify as a specialty occupation, the prospective job must meet the following criteria: Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree The employer normally requires a degree or its equivalent for the position.
What documents I need to show that I do have an education required for position?
You will need to show that you have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university; or Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation; or Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty (you will have to show that you have sufficient experience in lieu of education).
How long can you stay in the US on a TN visa?
It is granted for three years, but can continue to be renewed indefinitely. TN-1 visa dependent spouses and children accompanying a TN-1 visa holder are also eligible for the visa.
After obtaining TN-1 Visa can I apply for green card?
Yes, at any time after obtaining TN-1 visa, a U.S. employer can file immigrant petition for you. Please review our Green Card Through Employment page. You and your family can become green card holders through one of the employment-based (EB) preference categories.
How your law firm can help in obtaining TN-1 visa?
My experience with TN-1 clients shows that often incomplete or improper documentation causes denial of TN Visa. Our attorneys will help you to avoid common mistakes and will work with you and your employer in preparing appropriate TN-1 package. Specifically, we will advise you on how to establish nonimmigrant intent to the satisfaction of the immigration officer. We will help you to select an appropriate occupation based on your education and prior work experience. In addition, we will assist in preparing Employer Letter that makes it clear that you are going to be employed in one of the occupational areas that appear on the TN-1 Schedule of Occupations.
Lana Kats, Esq.
Attorney At Law