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FAQs about the TN Visa
Can the foreign worker change status to TN status in the United States?
Yes. If the foreign worker entered the United States in a different nonimmigrant visa category (i.e. visitor); was present in the United States in valid nonimmigrant status when the TN petition was approved; and a request for a change of status from the nonimmigrant status to TN status was requested, then the foreign worker could… Read More
Can the foreign worker enter and exit the United States with a TN visa?
Yes. Assuming the foreign worker possesses an Arrival/Departure Record/form I-94 (Canadian citizen) or a machine readable TN visa in their passport (Mexican citizen), s/he can enter and exit the United States during the validity period of the form I-94 or visa (the foreign worker must also continue to be employed by the TN U.S. employer).
What if the Mexican citizen is outside the United States at the time the USCIS approves the TN petition?
The Mexican citizen must proceed to a United States consulate in Mexico. The United States consulate in Mexico will issue the TN visa based upon the approved TN petition. The Mexican citizen may, however, apply for a TN visa without filing a TN petition
What if the Canadian citizen is outside the United States at the time the USCIS approves the TN petition?
The Canadian citizen must proceed to a Class ‘A’ land port of entry or United States pre-clearance station at an airport in Canada. The Customs and Border Protection will issue the TN visa based upon the approved TN petition.
How does a Canadian citizen obtain a TN visa?
The U.S. employer files a TN petition and a letter in support along with required documentation with the USCIS Vermont Service Center. Once the TN petition is approved by the USCIS, the approval notice is forwarded to the U.S. employer. The U.S. employer forwards the approval notice to the foreign worker who, when physically entering… Read More
What is a TN visa?
A TN visa is issued to ‘professional’ by the USCIS (Canadian and Mexican citizens) or Customs and Border Protection (Canadian citizens) or United States embassy or consulate (Mexican citizens) and is valid for a maximum of 3 years.
When can the foreign worker begin employment in the United States?
If the foreign worker is outside the United States then s/he must obtain a TN visa before s/he will be admitted to the United States in TN status. If the foreign worker entered the United States in a different nonimmigrant visa category (i.e. visitor); was present in the United States in valid nonimmigrant status on… Read More
