Law Office of
D.Ray Mantle, pllc
Attorney Profile
D.Ray Mantle has devoted his legal career to immigration law. His thorough research and writing skills were relied on by Immigration Judges while he served as an Attorney Advisor in the U.S. Department of Justice, and he has advised Fortune 100 companies on complex immigration cases. Find out how you can benefit from his experience and have Mr. Mantle work for you:
Why Mantle Works.
Contact
Contact our office to schedule
an initial consultation.
972-567-8809 (phone)
888-567-0896 (fax)
2591 Dallas Parkway
Suite 300
Frisco, Texas 75034
Member,
American Immigration
Lawyers Association
Work Visa Solutions
Many U.S. employers have relied on the H-1B visa program to fill critical labor shortages for professional positions. With current demand far outpacing the availability of new H-1B visas, employers and foreign nationals must turn to other, more complicated visa options.
By scheduling a consultation with D.Ray Mantle, you can find out the best work visa options available to you.
Consultation
Why Mantle Works
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TN — NAFTA Work Visa for Professionals
TN Update
USCIS recently extended the maximum period of stay for TN visits - now up to three years. To learn more about how you can qualify for a 3-year TN, request an immigration consultation with D.Ray Mantle.
The North America Free Trade Agreement (NAFTA) established the TN visa category for Canadian (TN-1) and Mexican (TN-2) citizens to temporarily work in the U.S. in professional positions identified in the agreement. (Click here for the full list of occupations.)
Each entry in TN status can only be for up to three years, but there is no fixed limit on how many times the status can be renewed by re-applying and re-entering. Unless the applicant is changing to TN status in the U.S., an application does not need to be filed with USCIS. Canadians may apply for entry in TN status directly at the port of entry, and Mexicans may apply at the U.S. consulate.
Frequently Asked Questions
What is the TN nonimmigrant classification?
The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. The TN classification was created following Congressional approval of the North American Free Trade Agreement (NAFTA) on December 8, 1993.
What professional activities may a TN worker engage in?
Generally, eligible professional activities are activities that require at least a bachelor’s degree or appropriate credentials demonstrating status as a professional. The specific occupations that qualify for the TN nonimmigrant classification are listed in Appendix 1603.D.1 to Annex 1603 of the NAFTA and are reproduced in DHS regulations at 8 CFR 214.6(c). Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers.
Is there an annual cap or limit on the number of TN visas?
There is no annual limit on the number of TN admissions to the United States. Further, a single individual may enter the United States in TN status multiple times in a given year, and the statistics kept by DHS reflect this practice. For Fiscal Year 2006, there were a total of 74,098 TN admissions. As noted, this figure includes readmissions to the United States of TN nonimmigrants who travel outside the United States and return.
How do Canadian citizens obtain the TN nonimmigrant classification?
Canadian citizens are not required to apply for a visa with a U.S. consulate or file a petition with USCIS. When requesting admission as TN workers at a U.S. port-of entry, however, they must provide proof of citizenship, a letter from their prospective employer detailing items such as professional capacity, purpose, length of stay, and educational qualifications. They may also need to provide credential evaluations. Following inspection by a U.S. Customs and Border Protection (CBP) Officer, an eligible Canadian citizen will be admitted as a TN nonimmigrant with a Form I-94 as evidence of such admission.
How do Mexican citizens obtain the TN nonimmigrant classification?
Mexican citizens seeking TN nonimmigrant classification do not need to file a petition with USCIS. However, a visa is required for Mexican citizens to enter the United States in the TN nonimmigrant classification. Therefore, Mexican citizens should apply for a TN visa directly at a U.S. consulate in Mexico and present proof of citizenship, a letter from their prospective employer detailing items such as the professional capacity in which they will work in the U.S., the purpose of their employment, their length of stay, and their educational qualifications. They may also need to provide credential evaluations. TN visa holders then may apply for admission at a U.S. port-of-entry, and if found qualified by a CBP inspector, will be issued, as in the case of qualified Canadian citizens, a “multiple entry” Form I-94, indicating that the person has been admitted as a TN nonimmigrant.
Why are the rules different for Canadian and Mexican citizens?
Canadian citizens, unlike Mexican citizens, are generally eligible for admission as nonimmigrants without a visa. The TN category, as a nonimmigrant classification, simply reflects this general exemption from the visa requirement.
For how long is a person granted TN classification admitted?
Previously, aliens admitted in TN status were admitted for a maximum of one year. Under a recent rule change, TN applicants may now be admitted for up to a three year period each time. By the end of the authorized period, TN applicants must either seek readmission in TN nonimmigrant status or apply to USCIS for an extension of stay.
How many times can a person apply for TN visas?
There is no limit on the number of times a person can apply for a TN visa or seek admission in TN status. TN professionals may be admitted initially for a period of up to three years, and, if they are otherwise admissible / eligible, may be granted, at a port-of-entry, an additional period of stay of up to three years following each departure from the country. They may also, upon application, be granted an extension of stay for a period of up to three years.
What are the benefits to employers and to TN workers of the proposed extension of the TN period of stay?
Increasing the maximum period of stay for TN workers from one to three years before requiring the workers to seek readmission or an extension would:
- Provide for a more stable and predictable workforce for TN employers;
- Make the TN program more attractive to Canadian or Mexican employers and professionals who might otherwise be required to seek admission under the capped H-1B program, thereby possibly freeing up H-1B visa slots for other professional workers; and
- Reduce the cost and bureaucratic inconvenience to TN workers of extending status by requiring application for readmission or extension only once every three years instead of annually.
Are spouses and children of TN nonimmigrants allowed to enter the U.S.?
Yes. Spouses and children may be granted nonimmigrant status as a NAFTA dependent (TD) and may be admitted to the U.S. but may not work. The recent rule change also increased TD dependents’ maximum period of stay from one year to three years.
What systems are in place to avoid fraud or misuse of the TN visa by corrupt employers and smugglers?
The final rule does not change security check requirements for TN nonimmigrants or their dependents. The extended period of admission and readmission from one year to three years will be subject to all applicable security checks. Further, TN nonimmigrants present in the United States will still be subject to the same rules regarding removability/deportability and the same conditions of stay (other than the initial period of admission/one year extension of stay requirement) as they are under the current regulations.
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Help with Work Visas
D.Ray Mantle assists employers and employees in obtaining work visa results in a timely, personal, and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and ensures that your final application meets all government requirements.
If you would like to understand more about the application process and to find out if you qualify for TN status, please contact D.Ray Mantle for a consultation.
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