Austin TN NAFTA Visa Lawyer
Under the North American Free Trade Agreement (NAFTA), Canadian and Mexican professionals can apply for a TN visa status if they wish to obtain employment in the United States. To be eligible for this type of visa, a professional must have at least one offer for employment in the United States. Applicants must also possess the necessary professional credentials for the employment position. Below, our Austin TN NAFTA Visa lawyer explains what you need to know if you want to apply.
Requirements for a TN NAFTA Lawyer
In order for a Canadian or Mexican professional to qualify for a TN NAFTA visa, they must meet one of two requirements. The job must create an employment relationship between the applicant and the commercial entity, or the job must create a contractual relationship between the applicant and the commercial entity. Applicants cannot have any intention of immigrating to the United States. Mexicans must apply through the United States Consulate Office in Mexico, while Canadians must apply at any port of entry between Canada and the United States.
Duration of TN Visas
Generally speaking, TN visas are granted for three years. After that time, the visa can be extended and this is usually for periods of three years, as well. In order to be approved for an extension, the applicant must continue to be actively engaged in a commercial enterprise.
TN Visas for Family Members
Children who are not married and are under the age of 21 years old can receive TN derivative status. This status can allow children to enter the United States and reside in the country as long as the primary TN visa holder remains active in business operations in the United States. Family members with derivative status cannot gain employment in the country but they may attend any educational institution.
Differences in the TN Visa Process
Although TN status is available for both Mexicans and Canadians, the process does differ slightly. Canadians must file an application for a TN visa with the United States Citizenship and Immigration Services. Approval of the TN petition must be obtained before the applicant enters the United States through a port of entry. Mexican citizens, on the other hand, cannot file a TN application with the USCIS. Instead, they must apply through a U.S. Consulate.
During a TN stay in the United States, individuals can enter and leave the country as they wish. Canadian cities must ensure they have their original Form I-94, while Mexican citizens will need Form I-94 as well as their passport.
Our TN NAFTA Lawyer in Austin Can Provide Sound Legal Advice
At BBA Immigration, our Austin TN NAFTA lawyers know how complicated the process can become, and will help you overcome any challenges your case presents. If you are a Mexican or Canadian citizen who wants to enter the United States to work, call us today or reach out to us online. We will review your case during an initial consultation and advise you of your legal options.