Posts Tagged ‘TN’
ALERT: DEPARTMENT OF STATE REDUCES VISA PERIOD FOR MEXICAN CITIZENS
The U.S. Department of State (DOS) has reduced work visa validity periods for Mexican citizens after Mexico increased its visa fees for U.S. citizens. Starting February 22, 2010, any Mexican citizen applying for a U.S. work visa in the categories of H-1B, H-2B, E-1, E-2, TN or L-1 will receive a one-year validity period only. Multi-year work visa approvals are no longer available until further notice. This change applies to Mexicans seeking to come to the U.S. and those already in the U.S. filing extension petitions with the United States Citizenship and Immigration Service (USCIS). If you have any questions about this recent and sudden change, please don’t hesitate to contact our immigration law firm.
Tags: Department of State, H-1B, L-1, Mexican citizens, TN
Posted in Alerts, FAQ - TN, H-1B | Read More »
I am Canadian or Mexican. Do I have work visa options other than an H-1B?
Yes. Canadians and Mexicans may qualify for the three-year TN (NAFTA Professional) temporary work visa provided all of the following criteria are met:
1. The applicant is a citizen of Canada or Mexico
2. The U.S. profession is on the NAFTA list found at http://www.nafta-sec-alena.org/en/view.aspx?x=343&mtpiID=147#Ap1603.D.1
3. The position in the U.S. requires a NAFTA professional
4. The Mexican or Canadian applicant will work in a prearranged full-time or part-time job for a U.S. employer (no self employment)
5. The Canadian or Mexican citizen has the qualifications for the position
Canadian TN applicants are visa-exempt and can apply directly for TN status at a U.S. port-of-entry or through pre-flight inspection at the airport. Mexican applicants must apply for TN status at a U.S. Consulate in Mexico and obtain a TN visa before entering the U.S.
TN status is initially granted for three years, but may be extended indefinitely provided the above criteria continue to be met. TN holders may also change employers either from within the U.S. or by returning abroad and re-entering per each country’s procedures.
Like an H-1B, the TN category is employer-specific and thus, an applicant must have a bona fide job offer in the U.S. to qualify.
Please note that one major difference between the TN and the H-1B involves the issue of intent. In TN status, an individual must maintain nonimmigrant intent, meaning that the person has no intent to reside in the U.S. permanently as a green card holder (i.e. lawful permanent resident).
In H-1B status, an individual may have dual intent, which means that the person can intend to be here temporarily or permanently. Thus, if a TN applicant wants to seek U.S. permanent residence, the H-1B category is better for that purpose.
Please don’t hesitate to contact our immigration law office if you need assistance with a TN visa petition or have any questions about this unique category.
Tags: Canadian, Mexican, NAFTA, TN, work visa
Posted in FAQ - TN | Read More »
