Visa: Reciprocity and Civil Documents by Country. Temporary Worker Visas. Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence.
With some exceptions, each profession requires a baccalaureate degree as an entry-level requirement. If a baccalaureate is required, experience cannot be substituted for that degree. In some professions, an alternative to a bachelor's degree is listed. For some professions, experience is required in addition to the degree. For a complete list of professions with minimum education requirements and alternative credentials, see Appendix Learn about these requirements on the U.
More information about receiving TN status without applying for a visa is also available on the U. Embassy Ottawa website. There are several steps to apply for a visa. The order of these steps and how you complete them may vary by U. Embassy or Consulate. Please consult the instructions on the U. Embassy or Consulate website. You must: 1 complete the online visa application and 2 print the application form confirmation page to bring to your interview Photo —You will upload your photo while completing the online Form DS Your photo must be in the format explained in the Photograph Requirements.
A photo is not required if you are applying in Mexico. Interviews are generally required for visa applicants with certain limited exceptions below.
Consular officers may require an interview of any visa applicant. If you are age: Then an interview is: 13 and younger Generally not required Required some exceptions for renewals 80 and older Generally not required. You should schedule an appointment for your visa interview at the U. Embassy or Consulate in the country where you live. You may schedule your interview at another U. Embassy or Consulate, but be aware that it may be more difficult to qualify for a visa outside of the country where you live.
Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. While it is possible to apply under the TN-1 visa with minimal documentation, it is prudent for candidates to arm themselves with the following documents at the border with the US: A description of the position from the US employer, confirming that the position is temporary and it's expected duration, and including full details of why it is a professional occupation.
A copy of the candidate's resume curriculum vitae. Details of the candidate's Social Security Number if applicable Details of the candidate's foreign address A copy of the employment contract. Details of the employing company, including proof of ability to pay the wages offered. If relevant, a license enabling the candidate to work in the US. Eligible professions for TN 1 Visas The full list of eligibile TN-1 professions, as well as the qualifications required for each, can be found here.
Here are some examples of documents to show non-immigrant intent:. The process for getting TN classification is different for Mexican and Canadian citizens. To highlight the main differences, Canadian citizens do not need to apply for a TN visa. Canadian citizens have 2 options for getting TN classification. Mexican citizens are not permitted to apply for TN classification at a United States port of entry without first getting a TN visa.
Citizens of Canada and Mexico may also choose to do a Change of Status. A change of status is when you go change from one non-immigrant status to another non-immigrant status. In order to do a change you status, you must be lawfully present in the US in some valid non-immigrant status. You must also file a Form I while you are present in the US. One of the questions that I get asked quite often is whether a TN worker can go from TN visa to green card.
The answer is YES. The TN visa is a non-immigrant visa classification so it does not directly lead to a green card. To go from TN visa to green card you can either apply for an adjustment of status or apply for an immigrant visa abroad. An adjustment of status is when you go from non-immigrant classification to immigrant classification. The entire process can be done within the USA without the need to go abroad. In order to do an adjustment of status, you must be lawfully present in the United States at the time the adjustment of status petition is filed.
Applying for an immigrant visa is different from doing an adjustment of status. Applying for an immigrant visa must be done at a US Consulate abroad.
This process also requires you to undergo an visa interview at the US Consulate. Regardless of whether you do an adjustment of status or apply for an immigrant visa, you will likely have to get approved for an immigrant classification by filing a Form I with USCIS.
As a TN professional, one of the most common ways of going from TN visa to green card is by having your US company sponsor you for a green card through a job offer. In order to sponsor you for a green card through a job offer, the US company must apply for and get approved for a Labor Certification. A Labor Certification is issued by the Department of Labor. To get a Labor Certification, the US company must show that it made efforts to secure a qualified US worker for the position but were unable to find a qualified US worker.
Once the Labor Certification is approved, the US company is eligible to sponsor you for a green card. Getting approved for an immigrant petition can potentially conflict with the requirement to have non-immigrant intent. As you can imagine, an approval for an immigrant petition can be seen as clear evidence of immigrant intent.
It is highly important to work with a qualified immigration lawyer , through the entire process of going from TN visa to green card. By reading this guide, you are now in a much better position to understand the TN visa from start to finish. Specially, you should now have a better understanding of:. This is a lot of information to cover and much of it is highly specialized and complex. Ashoori Law is a Los Angeles based immigration law firm. We help professionals from all across the globe with their immigration needs.
Got a Question? Email me. Got a question? Send me an email. Overview: 1. What is the TN Visa? What are the Benefits of a TN Visa?
What are the TN Visa Requirements? Conclusion 1. You must meet the education and experience requirements of that profession. The TN gives you up to 3 years of status in the United States, and can be extended over and over with no limit.
The process of getting an approved Labor Certification can be very timely. They can skip this process and just offer you a job. Instead, they can apply for TN classification directly at a US Port of Entry we will discuss this in more detail down below.
No degree required but the TN worker must directly support a degreed professional ; 2. Possession of theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; AND 3.
TD status holders are not allowed to accept employment or receive payment of any kind. Hiring departments must consult with ISFS before a prospective employee seeks entry in TN status to determine if this status is appropriate. Upon approval, we will authorize the employing department to proceed with the request process. At the port-of-entry by land or by air , Canadian TN applicants must present the documents listed below to the U.
Mexican applicants must first apply for a TN visa at a U. Presentation of these documents is not a guarantee that the TN visa for Mexicans only , or TN status and entry to the U.
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