TN Visa
The TN Visa is for Canadian or Mexican citizens who are coming to the US to work in a professional level, as described in 8 CFR Section 214.6 The regulations specify various categories under Appendix 160.3.D.1 to Annex 1603. 8 CFR Section 214.6. Such positions normally require a bachelor's degree. The applicant must have an employment offer, and the visa can be valid for up to three-year increments.
Filing for a TN visa is done at a Class A port of entry. Documentation that accompanies the request for TN Visa status must include
- Proof of citizenship and
- A letter from prospective employer describing in detail the duties to be performed to show that they are professional in nature.
The letter from Department must include
- Professional activity to be engaged in
- Purpose of entry
- Anticipated length of stay; beneficiary's educational qualifications
- Beneficiary's compliance with applicable state law
- Arrangements for remuneration
- Evaluation of Canadian or Mexican degree.
TN visa are approved for one year at a time. Extensions are approved, but multiple requests for extensions could result in denial because a TN carries only "nonimmigrant" intent, as opposed to an H-1B, which carries both immigrant and nonimmigrant intent.