The TN visa category was created as part of the NAFTA agreement to facilitate the entry of certain Canadian and Mexican citizens into the United States to engage in professional activities on a temporary basis. NAFTA Professional (TN) visa status may be granted to aliens who are engaged in one of the activities listed in Appendix 1603.D.1 of the NAFTA agreement.
To be eligible for a TN visa, the applicant must:
- Be a citizen of Canada or Mexico
- Possess the required credentials for the specific professional occupation
- Have a job offer from a U.S. employer in the specific professional occupation
- Intend to work in the United States temporarily
Professions eligible for TN status include, but are not limited to, accountants, architects, computer systems analysts, economists, engineers, graphic designers, hotel managers, industrial designers, management consultants, medical doctors, pharmacists, scientists, and teachers.
Spouses and unmarried children (under the age of 21) of TN visa holders may obtain derivative TN status. Dependents of TN visa holders are not authorized to work in the United States but may attend school or college.
Things to keep in mind before applying to TN Visa
TN status is granted for a specific period of time and is employer specific. TN Visa renewal can be done indefinitely provided the alien continues to work for the same employer in the same occupation.
A TN visa holder may apply for a Green Card, but the process can be lengthy and is often viewed as a “last resort” option. The most common path to a Green Card for a TN visa holder is through marriage to a U.S. citizen or permanent resident. While this is not the only way to obtain a Green Card, it is by far the most common.
Other ways to obtain a Green Card include:
- Investing $1,000,000 in a new commercial enterprise in the United States
- Creating 10 new full-time jobs for U.S. workers
- Winning the annual Diversity Visa Lottery
- Being granted asylum or refugee status
- Obtaining a Green Card through family sponsorship
Each year, the U.S. government allocates a certain number of Green Cards through the Diversity Visa Lottery. The program is open to citizens of countries with low rates of immigration to the United States. To be eligible, applicants must have a high school education or its equivalent, or have two years of work experience in an occupation that requires at least two years of training or experience.
Visa Lottery and Family Sponsorship
Winners of the Diversity Visa Lottery are chosen at random and are subsequently interviewed by a U.S. consular officer to determine their eligibility for a Green Card.
TN visa holders who wish to apply for a Green Card through family sponsorship must have a spouse or parent who is a U.S. citizen or permanent resident. The sponsoring family member must file a petition with the U.S. Citizenship and Immigration Services (USCIS). If the petition is approved, the TN visa holder must then undergo an interview with a USCIS officer to finalize the Green Card application process.
Converting a TN visa to a Green Card can be a lengthy and complicated process. For most TN visa holders, the best way to obtain a Green Card is through marriage to a U.S. citizen or permanent resident. Other options, such as the Diversity Visa Lottery, are available but are much less common.
Employment & Travel Authorization Card (EAD/AP) Issued – Filing Process Explained
The Employment Authorization Document (EAD) also known as the EAD card or work permit is an identification card issued by USCIS that authorizes a foreign national to work in the United States. The EAD card is valid for a specific period of time and allows the holder to work for any employer in the United States.
To apply for an EAD, the foreign national must first have a job offer from a U.S. employer. The employer must then file a petition with USCIS on the foreign national’s behalf. If the petition is approved, the foreign national will be issued an EAD.
The EAD card is valid for a specific period of time. The initial period of validity is usually one year. However, the EAD card can be renewed indefinitely as long as the foreign national continues to work for the same employer.
The EAD card also allows the holder to travel freely in and out of the United States. However, the foreign national must have a valid passport and a valid visa to re-enter the United States.
Applying for an EAD is a two-step process. First, the foreign national’s employer must file a petition with USCIS. Once the petition is approved, the foreign national can then apply for the EAD.
The foreign national must submit the following documents to USCIS:
- A completed Form I-765, Application for Employment Authorization
- A copy of the Approval Notice for the petition filed by the employer
- A copy of the foreign national’s passport
- A copy of the foreign national’s visa
- A copy of the foreign national’s I-94 arrival/departure record
- A copy of the Labor Condition Application (LCA) filed by the employer
- The foreign national’s Social Security Number
- Two passport-style photographs
- The filing fee for the Form I-765
Once USCIS has received the complete application, the foreign national will be issued an EAD. The EAD will be valid for a specific period of time. The initial period of validity is usually one year. However, the EAD can be renewed indefinitely as long as the foreign national continues to work for the same employer.
Conclusion
The TN visa category was created as part of the NAFTA agreement to facilitate the entry of certain Canadian and Mexican citizens into the United States to engage in professional activities on a temporary basis. TN status is granted for a specific period of time and is employer specific. TN visa holders may apply for a Green Card, but the process can be lengthy and is often viewed as a “last resort” option. The most common path to a Green Card for a TN visa holder is through marriage to a U.S. citizen or permanent resident.
