• August 2019
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Is Sponsorship Required for a TN Visa?

The TN visa has been in the news lately. In September 2018, the United States, Mexico, and Canada agreed to a new trade deal between the three countries. The new deal, known as the United States-Mexico-Canada Agreement (“USMCA”) would, if approved by all three countries, replace the North American Free Trade Agreement (“NAFTA”).

This radical shift in trade had many who follow US immigration law concerned for the fate of the TN, or trade NAFTA, visa program. Luckily, at the time of this writing, the provisions that provide for the temporary entry of professionals to work in the US, the TN visa, will remain the same as they were under NAFTA.

Who Can Apply?

The TN Visa allows citizens of Canada and Mexico, in a narrow set of professions and circumstances, to work in the US on a temporary work visa.

The requirements for the TN visa include:

  • The applicant is a citizen of Canada or Mexico
  • The applicant’s profession is on the NAFTA professions list, a narrow list of only 60 jobs
  • The job requires someone of the level of a NAFTA professional
  • The applicant must have an offer to work in the US in a NAFTA profession
  • The applicant has the qualifications required for such profession

Is Sponsorship required?

Since the TN visa has a very strict list of requirements, it does not include sponsorship. So, no specific sponsorship is needed. It is almost as if the job offer and company act as your sponsor – since the job is a requirement, losing one’s job means the visa is no longer valid.

How Long Can I Stay?

Do you meet the TN visa requirements? If so, an applicant that successfully meets these requirements will be granted a temporary, non immigrant US visa. Canadian citizens must renew every three years. Mexican citizens must renew every year. You must continue to meet each requirement for the visa in order to successfully renew.

While it does seem as if the renewal timelines are strict, these are actually generous compared to many other non immigrant visas.

Who Can Come with you?

Luckily, this visa allows both spouses and unmarried children under age 21 to join the visa holder by obtaining the TD visa. Interestingly, TN visa holders can attend school while in the US. This includes primary education and college studies. But, a visa holder cannot hold a job while living in the US.

Need Some Help?

Many TN visa applicant’s utilize the services of a seasoned immigration attorney during the application process. As a result, an immigration attorney can help to ensure that you not only qualify for the TN visa, but also receive the TN visa you seek.

Many applicants do question the type of visa that is right for them. There are other articles on the LawTrades blog that may be of assistance to you. Check out the following article for some additional information about the visa: Should I stick to TN or switch to H1B?

LawTrades Knows Immigration

We can match you with a qualified immigration attorney. This way, you have the best chance to get your TN visa on the first try. Plus, ensure that your family can come along, too.