The TN Visa Holder discussion with Varun Luthra, Ohio and Maryland

Home The TN Visa Holder discussion with Varun Luthra, Ohio and Maryland
By: vadmin / December 19, 2023

What is the TN visa?

TN visa was created for special economic and trade relationship needs with the United States out of the North American Free Trade Agreement (NAFTA). The TN nonimmigrant visa is a temporary-work entry into the United States that allows professionals to conduct business activities.

What is the eligibility for a TN nonimmigrant status?

The eligibility for TN status includes one to be a citizen of Canada or Mexico, profession (engineers, lawyers, pharmacists, scientists, teachers, and engineers) qualifying under the NAFTA regulations, the position applying for requires a NAFTA professional (from Canada and Mexico), have a full-time or part-time pre- arrangement with a U.S. employer, and have the actual qualification to practice in the profession in question.

Is there a different criteria for Canadians and Mexicans?

Canadian citizens are eligible for admission as nonimmigrant’s without a visa. You don’t have to apply for a TN visa at a U.S. consulate. Make sure to have proof of Canadian citizenship, letter from your prospective employer in the U.S., and required credentials and fees at the Customs and Border Protection designated U.S. entry.

Mexican citizens however are required to obtain a visa to enter the United States as a TN nonimmigrant. They must goto a U.S. Consulate or Embassy and apply for admission at a Custom and Border Protection designated U.S. port of entry.

What is the period of stay and extension?

Up to three years.

Can TN Holders apply for to adjust status (green card) through PERM?

Well, filing a I-140 shows your intention to immigrate to the United States, TN is a nonimmigrant visa. Therefore, if you are a TN visa holder and you have formed the intent to immigration, you have to work with an immigration attorney to figure out how to submit a I-140 petition and a I-485 to adjust status before your TN visa expires. As mentioned in previous posts, PERM is only valid for 180 days and you
must file a I-140 within this time frame. The process can be complicated since it is a time-sensitive matter, you need to maximize your chances to work legally in the U.S. while initiating the process of immigrating.

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