Kentucky TN Visa Lawyer

Do You Need a TN Visa Lawyer in Lexington, KY?

The TN visa is a great resource for natives of Canada and Mexico who wish to live in the United States for extended periods. However, securing the visa isn’t always straightforward; there are detailed eligibility requirements and a multi-step application process. For this reason, the assistance of a TN visa lawyer is often useful for people in this situation.

Here, we go into detail on the TN visa, showing you how to apply and explaining the pitfalls you’ll need to avoid.

What Is a TN Visa?

A TN visa is a nonimmigrant visa for Canadian and Mexican citizens with certain types of professional backgrounds and qualifications who wish to live and work temporarily in the United States. It was created under the North American Free Trade Agreement (NAFTA), which has since been renamed the United States-Mexico-Canada Agreement (USMCA).

You can work in the United States for up to three years on a TN visa. Once this period elapses, you can apply for an extension; there is no limit on how many times you can renew your residency under the program.

The TN visa is typically easier to obtain than the H-1B visa, and the application process is usually quicker. However, TN visa applicants must still meet certain eligibility requirements and undergo the visa application process.

The Requirements for a TN Visa: What Professions Are Eligible?

The TN visa isn’t an option for everyone; you must meet eligibility requirements based on your educational background, profession, and other characteristics.

Firstly, you must be a citizen of either Mexico or Canada. People of other nationalities are ineligible to enter the US under the TN visa program, even if they satisfy every other requirement. (If you are ruled out on the basis of your nationality but would still like to live in the US as a nonimmigrant, you should check out some other visa options that may work for you.)

You must also be able to prove that you intend to leave the US at some point. As a nonimmigrant visa, the TN is only available to those who do not intend to relocate to America permanently.

Regarding your occupational background, you must fall into one of the eligible professional categories to apply for the TN visa. These include:

  • Accounting
  • Architecture
  • Computer science
  • Economics
  • Engineering
  • Graphic design
  • Law
  • Management consulting
  • Mathematics
  • Medicine
  • Social work
  • Education.

There may be additional requirements for some of these categories or certain roles within them. For example, in order to work as an engineer in the US, the authorities may require that you have a certain level of educational attainment.

You must arrange to start work in one of these professions before coming to the United States in order for your TN visa to be confirmed. A letter of offer from the company will form part of the application process.

How a TN Visa Lawyer in Lexington, KY, Can Help You

As you can see, getting approval under the TN visa program isn’t a walk in the park. The requirements are stringent, and many applicants end up frustrated by the demanding application process.

That’s where our TN visa lawyers come in. We provide various services to Canadian and Mexican citizens seeking to stay in America under the scheme.

  • Determining eligibility: By reviewing your background, education, and work experience, our attorneys will be able to quickly determine whether your TN visa application is likely to succeed. We’ll highlight any potential issues right away and provide guidance on how to address them.
  • Preparing and submitting the application: Once we’ve determined the visa program is a good fit for you, we can prepare your application documents and submit them on your behalf. Because we’re so familiar with the process, we can ensure your application has everything it needs, thereby minimizing the chance of processing delays.
  • Communicating with government agencies: US Citizenship and Immigration Services (USCIS) or another government agency may need to make contact with you regarding some element of your application. We can take care of these interactions on your behalf.
  • Addressing visa denials and appeals: Denials happen, but they’re not the end of the story. You have the right to an appeal, and a TN visa lawyer can help you file it. If you received a denial after attempting to submit a TN visa application without legal help, hiring a lawyer to assist at the appeal stage will help to ensure you don’t make any unnecessary errors the second time around.

TN Visa Application Process

There are several steps involved in the TN visa application process. These are:

Finding a US employer: You must find a US employer who is willing to officially offer you work and sponsor your application. The employer must provide a job offer letter that specifies the nature of the work you will do, the intended length of your stay in the United States, and the details of your salary and benefits.

Completing and submitting your application: You must complete Form DS-160, the nonimmigrant visa application form required by the US Department of State. The non-refundable application fee is currently $160 (USD).

Scheduling a visa interview: You must visit a U.S. consulate or embassy in Canada or Mexico for a visa interview. Here, you must present your documentation and answer questions about your qualifications, job offer, and plans to return to your home country.

If your application is denied, you may get the chance to appeal the decision or reapply at a later time. It is important to note that the application process can vary depending on the specific consulate or embassy where the application is processed, and that processing times can also vary.

Frequently Asked Questions (FAQs)

What does “dual intent” mean in the context of TN visas? 

“Dual intent” refers to the concept that you can simultaneously have nonimmigrant intent (the intention to enter the United States temporarily) and immigrant intent (the intention to apply for permanent residence eventually).

In the context of TN visas, the “dual intent” concept means that you can apply for a green card (permanent residence) in the United States while on a TN visa without jeopardizing your nonimmigrant status or your ability to renew your TN visa.

How long does the TN visa application process take? 

The TN visa application process varies considerably from one consulate or embassy to the next; it can take anything from several weeks to several months to complete, assuming there are no denials or abnormal delays. Therefore, allowing plenty of time for the application process is a good idea.

Can I change employers while on a TN visa?

 Yes, switching jobs or companies while you’re in the United States on a TN visa is possible. However, you’ll have to notify the authorities of your intention to do this and wait for them to approve your new position before taking it up. The same rule applies if you wish to take up an additional job while retaining your initial role.

Can I bring my family with me on a TN visa?

 Spouses and unmarried children under 21 may accompany TN visa holders to the United States, but they do not get the right to work.

Getting the Right TN Visa Attorney in Lexington, KY

Living and working in the United States as a foreign national can be an excellent opportunity, but our immigration authorities do not always make things easy for visitors. Luckily, with expert legal help, you’ll be able to navigate the TN visa application process and give yourself the best possible chance of approval.

Contact Carman Fullerton today to speak with one of our expert TN visa attorneys. You can reach us via our web form or over the phone at 859-971-0060.