Who qualifies for TN visa?

Eligibility for NAFTA Professional (TN) Nonimmigrant Status

1. Applicant is a citizen of Canada or Mexico;
2. Profession is on the NAFTA list;
3. Position in the United States requires a NAFTA professional;
4. Applicant will work in a prearranged full-time or part-time job for an employer (see Required Documentation).

Are software engineers eligible for TN visa?

The memo clarified that Software Engineers are indeed “Engineers” that qualify for TN visa classification. Some officers may take issue to instances where the applicant’s degree is not an engineering degree (eg. a Computer science degree even though they may perform similar work to a software engineer).

Is TN visa employer specific?

A. TN status is employer-specific, meaning NAFTA TN visa holders can work only for the U.S. employer listed on the TN application. Working for an employer different from the one listed in the TN application is a violation of U.S. immigration laws.

Will you require sponsorship now or in the future TN visa?

Key Differences. TN visa status is granted for up to three years at a time, but it can be renewed for additional three-year stints. Unlike the H-1B visa, the TN visa doesn’t require sponsorship or petition by an employer.

What are the TN visa categories?

There are two different types of TN status in which these citizens can apply for. A TN-1 is for Canadian professionals and a TN-2 is for Mexican professionals. The applicants need to be qualified under one of the listed professions: Accepted NAFTA Professions and must adhere to non-immigrant classifications.

Can I work remotely with a TN visa?

An employee with one of these visas can, however, work remotely as long as all other working conditions remain the same and the employee is working within the normal commuting distance of the area of intended employment listed on the labor conditions application.

What is h1b visa?

The H-1B program allows companies and other employers in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent.

Can a TN visa holder be a manager?

The TN visa management consultant position is one of the few which does not require you to have a bachelor’s degree. The management position is one of the few TN professions which allows you to have 5 years of professional experience instead of a bachelor’s degree.

Can I transfer TN visa to H1B?

The process of changing from TN visa status to H1B status is essentially the same as applying for an H1B. As a TN visa holder you have not been approved for an H1B in the past, so you have to apply formally for an H1B and enter the H1B lottery.

Do companies need to sponsor TN visa?

In the traditional sense for U.S. Immigration purposes, a TN visa is not considered formal sponsorship as it does not require certification from the U.S. Department of Labor and in most cases TN Visa professional applies for admission on their own at a U.S. port of entry, U.S. consulate, or Embassy.

Can you self sponsor TN visa?

Self Employment and Contract Employees The TN is not available if you set up a business in the United States and then sponsor yourself for a TN visa. The regulations specifically do not allow self-employment for TN holders, unless you perform services for a U.S. entity.

Can TN visa be converted to green card?

Can TN visa holders transition to a green card? This is one of the most common questions that TN visa holders ask, especially after they have spent some time in the U.S. The short answer is yes, it is indeed possible to obtain permanent resident status as a TN visa holder.

What are the TN visa requirements for engineering jobs?

The TN visa regulations do not specifically define the types of Engineer positions or job duties that are permissible under this TN category. Like the degree requirement, individuals should refer to the U.S. Department of Labor’s Occupational Outlook Handbook (OOH) for guidance on the generally accepted job duties for this occupation.

Does software engineering qualify for TN status?

Like the degree requirement, individuals should refer to the U.S. Department of Labor’s Occupational Outlook Handbook (OOH) for guidance on the generally accepted job duties for this occupation. However, the legacy INS has specifically stated that Software Engineering positions may qualify for TN status under the category for Engineers.

When was the TN visa occupational category first listed?

The TN visa occupational category for Engineers was first listed in the United States-Canada Free-Trade Agreement (FTA) in 1989. See 54 Federal Register 12 (Jan. 3, 1989).

What are the different types of TN visa professions?

The TN visa categories are broken into 4 main groups: 1 i. General Occupations 2 ii. Medical Occupations 3 iii. Scientist Occupations 4 iv. Teaching Occupations. To get a TN visa, it is essential that your planned job in the United States is on the above list of TN visa professions.