Introduction
The TN visa is a powerful tool created as part of the North American Free Trade Agreement (NAFTA) in 1994 to enable Canadian and Mexican citizens to seek employment in the U.S. The TN visa can be a streamlined alternative to the H-1B visa.
Understanding the TN Visa
The TN visa allows Canadian and Mexican citizens with specific professional qualifications to work in the United States for up to three years at a time. A wide range of occupations across a number of industries are eligible for the TN visa, including engineers, college professors, computer systems analysts, graphic designers, management consultants, research assistants, and registered nurses.
Why Choose the TN Visa?
There are several compelling reasons for technology companies to opt for the TN visa:
1. Speed and Efficiency
The TN visa application process is considerably faster and more efficient than the H-1B visa process. While H-1B petitions are not available on a year-round basis, Canadian TN applications can be processed at the port of entry (land border or airport) on the spot. Mexicans are not eligible for adjudication at the port of entry but can apply for a TN visa at a U.S. Consulate or Embassy.
2. No Annual Limits
Unlike the H-1B visa, which has a cap on the number of visas issued each year, there are no annual limits on TN visas. This means that qualifying candidates can obtain a TN visa quickly.
3. Less Burdensome for Employers
For the TN visa, employers do not need to demonstrate that they have made an effort to hire a U.S. worker before resorting to hiring a foreign worker. There is also no Labor Condition Application dictating the wage that the employer must pay. This makes the TN visa less burdensome for employers.
Conclusion
The TN visa is a powerful recruiting tool that U.S. companies should consider incorporating into their staffing strategies. By doing so, U.S. employers can access a vast pool of talent from Canada and Mexico, streamline the hiring process, and reduce costs.
Frequently Asked Questions
1. What is the TN visa?
The TN visa is a nonimmigrant visa category created as part of the North American Free Trade Agreement (NAFTA) in 1994. It allows Canadian and Mexican citizens with certain professional qualifications to work in the United States for up to three years at a time.
2. What types of professionals are eligible for the TN visa?
The TN visa is available to professionals in a variety of fields, including many positions within the technology industry, such as engineers, college professors, computer systems analysts, graphic designers, management consultants, research assistants, and registered nurses.
3. How does the TN visa differ from the H-1B visa?
The TN visa differs from the H-1B visa in several ways: it has a faster and more efficient application process, no annual limits on the number of visas issued, and is less burdensome for employers.
4. How long can a TN visa holder stay in the U.S.?
A TN visa holder can stay in the U.S. for up to three years at a time. Extensions can be granted in three-year increments, with no limit on the number of extensions.
5. Can TN visa holders change jobs?
Yes, TN visa holders can change jobs if a new employer sponsors them for a qualifying professional position.
6. Is there a cap on the number of TN visas issued annually?
No, there is no cap on the number of TN visas issued annually, unlike the H-1B visa.
7. How long does the TN visa application process take?
The TN visa application process is generally much faster than the H-1B visa process. Canadian TN applications can be processed at the port of entry on the spot, while Mexican TN visas can be issued at a U.S. Consulate or Embassy.
8. Do employers need to prove they have made efforts to hire local candidates before hiring TN visa holders?
No, employers do not need to prove they have made efforts to hire local candidates before hiring TN visa holders.
9. Can TN visa holders apply for a green card?
Yes, TN visa holders can pursue a green card, but there are special considerations that they should discuss with an immigration attorney.
10. Can TN visa holders bring their family members to the U.S.?
Yes, TN visa holders can bring their spouse and children under the age of 21 to the U.S. in TD status.
11. Can family members of TN visa holders work in the U.S.?
Spouses and children of TN visa holders cannot work in the U.S. while on a TD visa. However, they may study in the U.S., and they may obtain their own TN status if they qualify.
12. How can a TN visa holder extend their stay in the U.S.?
A TN visa holder can extend their stay in the U.S. by their employer filing an I-129 petition to USCIS on their behalf before their current status expires. Or the TN holder can seek a new visa (for Mexicans) or a new period of admission at the port of entry (for Canadians).
13. What happens if a TN visa holder loses their job?
If a TN visa holder loses their job, they must find new employment, apply for a change of status to another nonimmigrant visa category, or leave the United States within 60 days.
14. Are there any travel restrictions for TN visa holders?
TN visa holders can travel in and out of the United States as long as their TN visa status is valid, and for Mexicans, if they have a valid TN visa to use to re-enter the country.
15. Can a TN visa holder work part-time?
Yes, a TN visa holder can work part-time, provided that their employment is in a qualifying profession listed on the NAFTA list. The TN holder can only work for a company that the U.S. government has approved for them to work for, either through port of entry adjudication, a visa process, or a petition filing to USCIS.
16. Can a TN visa holder have multiple employers?
Yes, a TN visa holder can have multiple employers, but they must obtain separate TN approval for each employer.
17. What is the difference between a TN-1 and TN-2 visa?
The TN-1 visa is for Canadian citizens, while the TN-2 visa is for Mexican citizens. The eligibility criteria are the same. Canadian citizens are visa exempt, so their TN status can be adjudicated by U.S. Customs and Border Protection at a port of entry (land border or airport). Mexican citizens must obtain a TN visa ata U.S. Consulate or Embassy.