The North American Free Trade Agreement—or NAFTA—is an agreement between the United States, Canada, and Mexico. This trade agreement is complex, and one of the things it addresses is employment-based immigration between the three nations. As part of this agreement, the U.S. offers a specific type of visa to foreign workers from other NAFTA countries.
A TN visa is a temporary, employment-based visa. With assistance from an immigration attorney, foreign workers from NAFTA countries can apply for an opportunity to remain in the United States indefinitely while earning a living. If you have questions about this process, a Boston TN visa lawyer could provide further guidance.
Although Boston has international appeal and an international seaport, it is still only three-and-a-half hours of highway driving away from Canada. Boston-area companies, and companies throughout New England should be aware of the TN visa as a convenient and effective way to recruit world-class talent from Canada and Mexico.
To qualify for a TN visa, the worker must have an offer to work as a NAFTA professional. This is a defined list of professions. The official list is available at 8 CFR 214.6S, and it includes knowledge-worker professions, medical professionals, as well as less common scientific professions.
The application process for a TN visa varies depending on the applicant’s country of origin. While the process for Canadian workers is fairly simple, there are additional hoops that Mexican citizens must jump through to obtain this type of visa and legally enter the country. A TN visa attorney in Boston could help residents of either country meet the appropriate standards for entry.
The process for Canadians to apply for a TN visa is straightforward, and there is no need to submit a formal written application or await an interview at the embassy. Instead, Canadian citizens can apply for a TN visa by simply offering the necessary documentation when crossing the border into the United States.
However, our attorneys will have additional practical suggestions for both the company and the applicant. For example, fourteen ports of entry have been “optimized” for TN visa issuance, including four “preclearance points” located in Canada. The ability to apply from a preclearance point has some notable advantages, especially as being turned away from the border checkpoint can be frustrating and embarrassing. The ability for Canadian TN applicants to apply at a preclearance point helps ameliorate that problem and discourages unnecessary border crossings.
The process is not as simple for workers from Mexico seeking entry into the United States. Unlike Canadians, Mexican residents cannot simply apply for a TN visa at the border. Instead, they must complete this process in Mexico before they can attempt to enter the United States.
To apply for a TN visa, a Mexican resident must submit a series of documents to the U.S. Embassy in Mexico City. These documents include several forms, a photograph, a valid passport, and a letter from a prospective employer in the United States. After approval, a Mexican worker can apply at a port of entry. Unfortunately, as of 2022, there are no preclearance points in Mexico.
Like most employment-based visas, a TN visa only allows non-citizens to remain in the United States for a limited amount of time. The initial period of stay for TN visa is three years. That said, visa holders may be able to extend that period well beyond the initial three years by either seeking an extension of status in the United States or departing the United States to get restamped at a port of entry. A dedicated attorney at our Boston office could assist with the initial TN visa application and help to extend a foreign worker’s stay in the United States.
The process for renewing a TN visa is simple for workers currently in the United States. To apply for a renewal, their employer must file a document called Form I-129 to start the process. Another option is for the foreign worker to return to their country of origin and then present themselves at the border with an updated application packet. All of the same supporting material, including an updated offer letter from the employer, would be required.
The process for applying for a TN visa differs depending on your country of origin, and there are many potential roadblocks that could result in a denial. A mistake during this process could lead to delays, unnecessary travel, and be harmful to your career, making it crucial to seek legal counsel.
Let a Boston TN visa lawyer guide you throughout the visa application process. Call our office today to speak with an experienced member of our team.
