TN VISA FOR MEXICAN AND CANADIAN

E2 Investor Visa

Requirements

To qualify for the TN visa, applicants must meet the following requirements:

• Citizenship: You must be a citizen of Mexico or Canada. The TN visa is not available to permanent residents of these countries.

• Qualified Occupation: The applicant must work in a profession that is listed under the NAFTA/USMCA agreement. Common eligible professions include:

• Engineers

• Scientists

• Accountants

• Architects

• Lawyers

• Computer Systems Analysts

• Management Consultants

• Job Offer in the U.S.: You must have a job offer from a U.S. company. The position must require a professional level of expertise related to your qualifications.

• Professional Qualifications: You must prove that you meet the qualifications for the job in the U.S., such as holding a university degree, certifications, or relevant work experience aligned with the profession.

• Non-Immigrant Intent: The TN visa is a non-immigrant visa, meaning you must show that you plan to return to your home country when the visa expires. However, the TN visa can be renewed indefinitely as long as you continue to meet the requirements.

Frequent Questions in the Consular Interview for the E2 Visa

During the consular interview or at the port of entry, immigration officers will ask a variety of questions to ensure you meet the TN visa requirements. Here are some of the most common questions:

1. About Your Job:

• What is your job in the U.S.?

• What is your professional title and how does it relate to the position you will hold?

• Do you have a job offer letter? What are your responsibilities?

2. About Your Employer:

• What company will you be working for in the U.S.?

• What products or services does the company provide?

• How long do you plan to work for this company?

3. About Your Qualifications:

• What academic degrees or certifications qualify you for this job?

• Have you worked in this field before?

• How many years of experience do you have in this profession?

4. About Your Return Intent:

• What are your plans once your U.S. work contract ends?

• Do you have family members in the U.S.?

5. About Your Dependents:

• If you are traveling with your family, what will your spouse and children do while you work in the U.S.?

• Where will your children attend school if they are coming with you?

Process

The TN visa application process slightly differs between Mexican and Canadian citizens due to distinct visa requirements. Here’s the breakdown for both:

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A. Mexican Citizens

Mexican citizens follow a similar process as other non-immigrant visas:

1. Gather Required Documents:

• Job Offer Letter: The U.S. company must provide an official job offer letter that describes the position, your responsibilities, and how you meet the requirements for the TN visa.

• Proof of Qualifications: Submit copies of your degrees, professional licenses, or any certification that verifies your qualifications for the profession.

2. Complete the DS-160 Form: The DS-160 form is the online application for a non-immigrant visa.

3. Pay the Fees: You must pay the TN visa application fee, which may vary by country and embassy.

4. Schedule a Consulate Interview: Book an interview at a U.S. consulate or embassy in Mexico. During this interview, you will present your documents and explain your job position.

5. Attend the Consular Interview: A consular officer will review your application and ask questions about your employment and qualifications. If approved, your TN visa will be stamped in your passport.

B. Canadian Citizens

Canadian citizens enjoy a more streamlined process:

1. Gather the Required Documents: Like Mexican applicants, Canadian citizens must collect a job offer letter and proof of qualifications.

2. Apply at a Port of Entry: Canadian citizens can apply for the TN visa directly at a U.S. port of entry, such as a land border crossing, airport, or pre-clearance facility.

3. Evaluation at the Port of Entry: U.S. immigration officers at the border will review your documents and decide if you qualify for the TN visa. If approved, you will be allowed to enter the U.S. under TN status.

Dependents and Other Important Aspects

The dependents of a TN visa holder, including the spouse and unmarried children under 21, can accompany the main applicant to the U.S. under the TD visa (TN dependent visa).

A. Requirements for TD Visa Dependents:

• Family Relationship: The dependent must be the spouse or unmarried child under 21 of the TN visa holder.

• TD Visa Application: Dependents must apply for a TD visa to enter the U.S.

B. Application Process for TD Visa:

1. Mexican Citizens: Dependents must complete their own DS-160 form and apply for the TD visa at a U.S. embassy or consulate, presenting documents that prove their family relationship (e.g., marriage certificate for spouses, birth certificates for children).

2. Canadian Citizens: Canadian dependents do not need to apply for a TD visa at the embassy. They can obtain TD status at a U.S. port of entry by presenting their family relationship documents.

C. Rights of TD Visa Dependents:

• Work: TD visa holders are not authorized to work in the U.S.

• Study: Children of TN visa holders can attend public or private schools in the U.S. without needing a separate student visa.