MDIVANI CORPORATE IMMIGRATION LAW FIRMOur Areas of Expertise

TN Visa for NAFTA Professionals

Who may quality for a TN Visa? 

Citizens of Canada and Mexico may qualify for TN Visas.   When applying for a TN visa, an applicant should be able to demonstrate that the following conditions are met:
Visa Applicant is able to demonstrate he or she is a citizen of Canada or Mexico;
A U.S. employer has offered a job in the U.S.   Self-employment is not permitted;
The job offered in the US in on the NAFTA Professionals List
Professional is able to demonstrate he or she is qualified for the profession

How long can a NAFTA professional work in the U.S. on a TN Visa? 

TN Visas are initially granted for three years, and may be extended in three-year increments.  Note though that TN visas are non-immigrant visas, meaning that TN visa a professional should be able to demonstrate that he or she wants to  eventually return to his or her home country.   Why is this important?  Because it means that at some point, US Citizenship and Immigration Services may decided not to extend the TN visa for someone who appears to permanently living in the US and has no plans to return to Canada or Mexico.   If the employer is interested in keeping the TN Professional in the US for a prolonged period of time or indefinitely, the employer should probably explore some other options, such as H-1B visa or Employer-Sponsored Green Card.

What is the Role of the Corporate Immigration Attorney in the TN Process?

Corporate immigration lawyers review facts of the case, advise employers on feasibility of proceeding with a specific visa, prepare documentation necessary for the application, and advise the employer throughout the visa application or extension process.

Resources & Training:

Resources: Department of State’s TN Visa Summary
Training: TN Visa Training
TN Process in Stages

Stage 1:  Review and TN Preparation

  1. Explain TN Process to Employer
  2. TN CHECKLIST to Employer
  3. Signed LSA and CONFLICT WAIVER received
  4. LEGAL FEES received
  5. REVIEW TN checklist info and documents received from Employer, analyze evidence, additional questions very likely
  6. JOB: specific minimum requirements
  7. Occupation on NAFTA list? Options if not
  8. Employee qualifications: Degree and Transcript
  9. If TN Extension: Issue FILING CHECKS payable to Department of Homeland Security – Premium Processing?

Stage 2:  Border TN Application or TN Status Extension Petition Filed with USCIS

  1. Border TN Application: prepare package, prepare employee for interview
  2. Filing Fee from Employer; File I-129 PETITION with USCIS for TN Classification + Extension of Status
  3. Any family? Extensions of TDs: I-539, docs and filing fees
  4. Handle possible RFE/Request for Evidence or NOID/Notice of Intent to Deny

Stage 3:  Government Has Made a Decision

  1. Border Application is APPROVED: TDs for family now?
  2. DENIED? consider re-applying filling and other options
  3. I-129 for TN extension: If APPROVED, what was approved? TN classification and extension?  If not, options?  Remember Border Application is still needed when travel across the border
  4. New I-94: new Form I-9  or employment authorization update – Section 3
TN Checklist for Employers
We ask for a lot of information, and appreciate your work on getting us the answers and documents.   It is best to return this checklist with your answers and documents in one e-mail.  Please answer all the questions and collect electronic copies of all the documents.  When everything is ready, please e-mail the checklist with requested documents to Mira Mdivani at mmdivani@uslegalimmigration.com
We will be very happy to see Word files, attached scanned PDF files, links to websites, or files in any other electronic format.  We look forward to reviewing your answers and documents.  Thank you.

EMPLOYER SECTION  – to be completed by Employer

  1. Full legal name of the U.S. employer
  2. Number of employees
  3. Date business formed. If there is any previous business history, please explain
  4. A short description of the company’s business activity/product
  5. Company’s web site address
  6. Company’s principal address
  7. Annual gross revenue and net income
  8. Tax ID number
  9. Copy of the last filed corporate tax return
  10. Copies of two latest filed 941s
  11. Who will make decision regarding this petition? Please provide full contact information
  12. Who will sign this petition? Please provide full contact information
  13. Does the employer have any other TN workers employed in the same position? If so, have you experienced any problems with their TN Visas?
  14. Desired date for Beneficiary to begin employment in the U.S. Note the desired date may not be what the process allows; but give us an idea of when you would like for the worker to start employment in the US
  15. Desired length of temporary employment, up to three years in TN status
  16. JOB: Please answer the following questions regarding the Job for the offered position:
           Job Title
Duties, please be specific – what will the worker do on a daily basis
Skills set required, if any, please be specific – NOT ALL JOBS MINIMALLY REQUIRE THIS
Minimum Educational Requirements: What Degree? What Major?
Minimum Experience Requirements, if any – NOT ALL JOBS MINIMALLY REQUIRE THIS
Whether the foreign employee will supervise any employees
Whether the position is part-time or full-time and the number of hours per week
Location of the job (address where the person will actually work)
If the person will work at more than one location, please indicate all locations and proposed dates of employment at those locations
  1. Annual salary to be paid to the Beneficiary
  2. A list of benefits to be provided, such as health insurance, paid holidays, etc. A short paragraph is all we need.
  3. Please email us the Company letterhead
As we review documents and information, we WILL ask you for more document and information.  We are doing it to ensure quality of legal analysis and solid preparation of the application/petition.  We greatly appreciate your cooperation and patience in the process.
TN Checklist for Employees
We ask for a lot of information, and appreciate your work on getting us the answers and documents.   It is best to return this checklist with your answers and documents in one e-mail.  Please answer all the questions and collect electronic copies of all the documents.  When everything is ready, please e-mail the checklist with requested documents to Mira Mdivani at mmdivani@uslegalimmigration.com
We will be very happy to see Word files, attached scanned PDF files, links to websites, or files in any other electronic format.  We look forward to reviewing your answers and documents.  Thank you.

EMPLOYEE SECTION (to be completed by potential TN Employee)
  • Documents: Please email copies of each of the following documents, if applicable:
  1. Copies of college degree(s). If not in English, please include a certified translation
  1. Copies of Transcript(s) for college degree(s). If not in English, please include a certified translation
  1. Latest Resume
  1. Copy of current passport
  1. Copy of current and past U.S. Visas, if any
  1. Copy of current and past I-94s W-94s, and I-20s, if any
  • Information: Please complete the following checklist
 
  1. Full Legal Name:
First:
Middle
Last
Country or Countries of Citizenship:
  1. Contact information
            Cell Phone:                 _____________________
            E-mail:                        _____________________
            Foreign Address:       _____________________
            U.S. Address, if any: _____________________________________
  1. Do you have a visa or status in the United States? If yes, when does it expire
  1. Date and Place of last entry, if you are in the US
  1. Date, Place, and Country of Birth
  1. Passport information, including expiration date, number, country, date of issuance
  1. S. Social Security Number, if any
  1. S. Alien registration number, if any
  1. Prior entries into the U.S., including visa types and dates
  1. Have you ever had a J visa?
  1. Have you ever applied for an immigrant visa (i.e. green card)? Has anyone applied for an immigrant visa (i.e. green card) for your benefit? Has your U.S. employer ever filed your Labor Certification? Filed an I-140 petition for you? If yes, please provide dates and result.
  1. Have you ever had a problem with US Immigration of any nature whatsoever? Are you, or have you ever been, in removal (“deportation”) or exclusion proceedings?
Have you even been refused a U.S. visa or entry by a consulate/border officers?  Has your visa ever been cancelled?
  1. Have you ever overstayed your U.S. visa or violated terms or you visa or your I-94/W-94? If yes, please provide details.
  1. Have you ever had any problems with the criminal justice system anywhere in the world, including traffic tickets, misdemeanors or any other problems?
  1. Do you have any close relatives living in the U.S.?
  2. Are you married? Do you have any children under 21? If Yes, will your family members be coming with you to the U.S. and/or need to change/extend their immigration status at this time?
  3. If currently employed by another employer, please state position, name and address.
  4. Public Charge Questions: (If you have family members we are going to work on H-4s for, please answer these questions for yourself AND all family members):
  • Has the beneficiary ever received, since obtaining the nonimmigrant status that you seek to extend or that you seek to change on behalf of the beneficiary, received, or is the beneficiary currently certified to receive, the following public benefits? (Note all that apply).
  • Yes, the beneficiary has received or is currently certified to receive the following public benefits: (highlight/bold all that apply)
    • Any Federal, State, local or tribal cash assistance for income maintenance
    • Supplemental Security Income (SSI)
    • Temporary Assistance for Needy Families (TANF)
    • General Assistance (GA)
    • Supplemental Nutrition Assistance Program (SNAP, formerly called “Food Stamps”)
    • Section 8 Housing Assistance under the Housing Choice Voucher Program
    • Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation)
    • Public Housing under the Housing Act of 1937, 42 U.S.C. 1437 et seq.
    • Federally-Funded Medicaid
  • No, the beneficiary has not received any of the above listed public benefits.
  • No, the beneficiary is not certified to receive any of the above listed public benefits.
  • If the beneficiary has received or is currently certified to receive any of the above public benefits, provide information about the public benefits below.
  • FIRST BENEFIT
  • Type of Benefit
  • Agency that Granted the Benefit
  • Date the Beneficiary Started Receiving the Benefit or if Certified, Date the Beneficiary Will Start Receiving the Benefit (mm/dd/yyyy)
  • Date Benefit Ended or Expires
  • SECOND BENEFIT
  • Type of Benefit
  • Agency that Granted the Benefit
  • Date the Beneficiary Started Receiving the Benefit or if Certified, Date the Beneficiary Will Start Receiving the Benefit (mm/dd/yyyy)
  • Date Benefit Ended or Expires
  • THIRD BENEFIT
  • Type of Benefit
  • Agency that Granted the Benefit
  • Date the Beneficiary Started Receiving the Benefit or if Certified, Date the Beneficiary Will Start Receiving the Benefit (mm/dd/yyyy)
  • Date Benefit Ended or Expires
  • If you answered “Yes” to Item Number 1., do any of the following apply to the beneficiary?
  • The beneficiary is enlisted in the Armed Forced, or is serving in active duty or in Ready Reserve Component of the U.S. Armed Forces
  • The beneficiary is the spouse or the child of an individual who is enlisted in the Armed Forces, or who is serving in active duty or in the Ready Reserve Component of the U.S. Armed Forces.
  • At the time the beneficiary received the public benefits, the beneficiary (or the beneficiary’s spouse or parent) was enlisted in the Armed Forces, or was serving in active duty or in the Ready Reserve Component of the U.S. Armed Forces.
  • At the time the beneficiary received the public benefits, the beneficiary was present in the United States in a status exempt from the public charge ground of inadmissibility.
  • At the time the beneficiary received the public benefits, the beneficiary was present in the United States after being granted a waiver of the public charge ground of inadmissibility.
  • The beneficiary is a child currently residing abroad who entered the United States with a nonimmigrant visa to attend an
  • N-600K, Application for Citizenship and Issuance of Certificate Under INA Section 322 interview.
  • None of the above statements apply to the beneficiary.
  • Has the beneficiary received, applied for, or has been certified to receive federally-funded Medicaid in connection with any of the following (select all that apply): Submit evidence as outlined in the Instructions.
  • An emergency medical condition
  • For a service under the Individuals with Disabilities Education Act (IDEA)
  • Other school-based benefits or services available up to the oldest age eligible for secondary education under State law
  • While under the of age 21
  • While pregnant or during the 60-day period following the last day of pregnancy
  • Provide the applicable dates: from: (mm/dd/yyyy) to (mm/dd/yyyy)
IF YOU HAVE RECEIVED ANY PUBLIC BENEFITS, WE MAY ASK FURTHER QUESTIONS TO DETERMINE ANY POTENTIAL INADMISSBILITY ISSUES. THANK YOU.
As we review documents and information, we WILL ask you for more document and information.  We are doing it to ensure quality of legal analysis and solid preparation of the application/petition.  We greatly appreciate your cooperation and patience in the process.
TN Timeline
http://uslegalimmigration.com/wp-content/uploads/2020/03/TN-Timeline.jpg
Mdivani Corporate Immigration Law Firm

7007 College Blvd, Suite 460

Overland Park, KS 66211

913.317.6200

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