TN Visas | Harrington Legal Alliance

IMMIGRATION: TN-1 Program (Canadian citizens)

koakid — Fri, 21 Sep 2018 11:46:46 +0000

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The 1992 North American Free Trade Agreement (NAFTA) between the U.S., Canada and Mexico created a special TN nonimmigrant classification. The TN-1 nonimmigrant classification was created for and applies exclusively to Canadian citizens who are temporarily entering the U.S. to engage in “business activities at a professional level.”

Specifically, the TN-1 classification is available only to Canadian citizens who intend to work in the U.S. in certain professions. The NAFTA list of approved professions includes accountants, engineers, attorneys, pharmacists, scientists, and teachers. For a full list of elegible professions, click here.

One primary benefit of the TN-1 classification is the rapid processing time.

An application for TN status can be made in person at the port of entry to the U.S., either by land, sea or at an airport, typically at designated “Pre-Flight Inspection stations” located within major Canadian international airports prior to departing Canada. An application for TN status is typically approved on the same day it is made. By contrast, USCIS processing times for most non-immigrant classifications, including H-1B and L-1 classifications, range from several weeks to several months.

Other significant benefits of the TN-1 are that it does not have an annual cap and there is no limitation on how long a person can remain in the U.S. in TN-1 status by extending the initial 3-year period.

An indefinite number of TN-1 classifications may be issued in any given year. TN-1 status can be approved for an initial three-year period, and may be extended in three year increments for an indefinite period of time. A TN-1 status holder, however, must intend to return to his or her foreign residence at the end of the authorized period of stay. A prolonged stay in the U.S. in TN-1 status may give rise to a presumption that the TN-1 status holder intends to remain in the U.S. as an intending “immigrant,” and could lead to the denial of future applications for TN-1 extensions of stay. For more on extending TN-1 stay, click here.

Spouses and children of TN-1 workers are eligible to obtain TD (“Trade Dependent”) status in order to accompany the TN-1 holder for the duration of the stay in the U.S.

TD status holders are not authorized to work in the U.S. However, a spouse in TD status may independently apply for TN-1 status and, if approved, obtain permission to legally work in the US.

For more information on immigration topics, please access the many online articles published by HLA’s immigration attorneys here:

~ Jeff Harrington, Esq.

The post IMMIGRATION: TN-1 Program (Canadian citizens) first appeared on Harrington Legal Alliance.

IMMIGRATION: TN-2 Program (Mexicans)

koakid — Tue, 21 Aug 2018 11:43:51 +0000

H&S - Our Practice Makes Perfect

The North American Free Trade Agreement (NAFTA) between the US, Canada and Mexico created a special TN nonimmigrant classification. The TN-2 classification (nonimmigrant) was created for Mexican citizens who are temporarily entering the U.S. to engage in “business activities at a professional level.”

The TN-2 program is available only to Mexican citizens who intend to work in the U.S. in certain professions. The NAFTA list of approved professions includes accountants, engineers, attorneys, pharmacists, scientists, and teachers. For a full list of professions, click here.

One of the primary benefits of the TN-2 is the rapid processing time.

An application for a TN-2 visa can be made directly with the U.S. embassy or consulate. The sponsoring employer does not have to first file a separate petition with the U.S. Citizenship and Immigration Services as is required for other nonimmigrant classifications, such as H-1B and L-1.

Other significant benefits of the TN-2 are that it does not have an annual cap and there is no limitation on how long a person can remain in the U.S.

An indefinite number of TN-2 classifications may be issued in any given year. TN-2 status can be obtained for an initial three-year period, and may be extended in three year increments INDEFINITELY.

Once in TN status, however, the candidate must maintain a foreign residence abroad and intend to return to the foreign residence at the end of the authorized period of stay.

A prolonged stay in the U.S. in TN-2 status may give rise to a presumption that the individual intends to remain in the U.S. as an intending “immigrant” and could lead to the denial of future applications for TN-2 extensions of stay. Spouses and children of TN-2 workers are eligible to obtain TD (‘Trade Dependent”) visas in order to accompany the principal TN-2 status holder for the duration of the stay in the U.S. TD status holders are not authorized to work in the U.S. but spouses in TD status, if eligible, may independently qualify for TN-2 status or another nonimmigrant visa status.

For more on immigration visas for business persons or workers, please review the numerous online articles published by H&S immigration attorneys here: More on Immigration .

Or, contact our office to set up a consultation with an immigration attorney by clicking here: CONSULTATION.

~ Jeff Harrington, Esq.

The post IMMIGRATION: TN-2 Program (Mexicans) first appeared on Harrington Legal Alliance.

IMMIGRATION: TN-1 Visa Renewals

koakid — Sat, 04 Feb 2017 12:32:52 +0000

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If you already have a TN Visa, you may renew your stay for three years. In fact, there is no limit on how many three-year renewals you may obtain.

Here are the basic requirements:

lawfully admitted into the US with a nonimmigrant visa
visa status still valid
no history of crimes that would make you ineligible for a visa
no violations of the conditions of your visa
Your passport is valid and will remain valid for the duration of their stay

*Click here to learn about the initial requirements for obtaining a TN-1 Visa.

Here are the basic procedures:

TN-1: Canadian Professionals

Application from within the US. If you are already here, you can renew without leaving the country. A renewal application is essentially treated like a new petition. You will need to submit Form I-129, along with all the documentation you previously provided the USCIS when you first obtained the TN-1. The application fee is $325 (approx.) each time you apply for renewal.

Application from Canada. Alternatively, you can avoid the application fee and wait time by leaving the US and applying for a renewal directly at the border. Be sure to go to an entry point that is set up to process TN applications. If you go this route, there is only a small filing fee ($56, approx.). You will not need an I-129 application. Rather, you may simply present a job offer letter, Canadian passport, and other supporting documentation to the interviewing officer at the border. You will simply follow the same procedures as when initially obtaining your TN-1 Visa.

TD: Dependents of TN

Generally speaking, dependents apply for renewal on Form I-539 (Application to Extend/Change Nonimmigrant Status). If you are filing for more than one dependent, then Supplement 1 must be attached to the I-539. The application fee is $290 (approx.). The I-539 must be filed simultaneously with the I-129. Again, you can avoid the full application fee by appearing at the border with your dependant.

More Immigration Articles

~ Jeff Harrington, Esq.

The post IMMIGRATION: TN-1 Visa Renewals first appeared on Harrington Legal Alliance.