TN/ NAFTA Visa

TN Visa Lawyers in Cincinnati

Serving Butler County, Warren County, & Surrounding Areas

The TN visa classification provides nonimmigrant visas for qualified citizens of Canada and Mexico who are coming to the U.S. for temporary business activities at a professional level. This category was created by the North American Free Trade Agreement (NAFTA). Some of the most common recipients of the TN visa are lawyers, scientists, educators, engineers, and accountants.

To be eligible for a TN visa, you must:

  • Prove intent not to immigrate
  • Participate in activities at a professional level, requiring at least a baccalaureate degree or appropriate credentials
  • Maintain employment in one of the 65 approved careers
  • Possess a baccalaureate or licenciatura degree (if you are an engineer)

Unlike Mexican citizens, who must apply for a visa ahead of time, Canadian citizens can apply for a TN visa at any U.S. port of entry. Documentation must include:

  • Proof of citizenship
  • A letter from the prospective employer describing in detail the activities to be performed in a professional capacity (see employment letter below)
  • Licenses, diplomas, degrees, certificates, or professional memberships

The application also must affirm:

  • The prospective professional activities;
  • The purpose of entry;
  • Anticipated length of stay;
  • The beneficiary’s educational qualifications;
  • The beneficiary’s compliance with applicable state law; AND
  • Arrangements for remuneration.

The most successful applications are those that demonstrate the clearest tie between the degree and the position. Some positions have more flexibility than others, such as economists. For this position, adjudicators have accepted degrees in finance, business with an emphasis in finance or economics, and international relations with an emphasis in economics. The key is to use the support letter to tie the degree to the duties of the position.

Once obtained, TN status can be renewed in one-year increments with no specific limit on the total number of years.

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Employment Letter

The employer in the U.S. must provide a Letter of Employment in the United States to the applicant. The letter must indicate that the position in question in the U.S. requires the employment of a person in a professional capacity, consistent with the NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1. Part-time employment is permitted, but self-employment is not.

Although not required, proof of licensure to practice a given profession in the United States may be offered along with a job offer letter, or other documentation in support of a TN visa application.

Extensions of Stay

Canadian citizens can renew an existing TN at any U.S. port of entry or through the Nebraska Service Center on Form I-129 with the prescribed fee. The Canadian citizen seeking re-admission at the border in TN status must present a new letter from the employer together with the supporting evidence of professional credentials and Canadian citizenship.

Some have found that CBP inspections officers (and USCIS examiners) may deny admission to a TN applicant seeking re-entry in TN status extension if that applicant cannot adequately demonstrate a “reasonable, finite end” to the proposed work assignment. A Canadian citizen who cannot demonstrate that they are admissible may be able to ask for a hearing before an IJ or withdraw their application for admission. If they decline a hearing and are inadmissible under INA ¤212(a)(6)(C) or (7)(A), the officer may initiate expedited removal procedures.

Let us help you navigate this complex visa application process. Call (513) 880-9969 or submit an online message to get in touch with our highly experienced legal team in Cincinnati.

A Team with Decades of Experience

At The Fleischer Law Firm LLC, we have spent more than 40 years developing a reputation for exemplary legal counsel and advocacy. The immigration system is full of challenges both new and old, and we look forward to using our experience to help you navigate this process. No matter what type of visa or benefit you seek, we have the skills needed to maximize your odds of success and minimize the trouble you experience.

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