Debunking Common Myths About the TN Visa
In the realm of business immigration, navigating the complexities of the available options can be overwhelming for both employers and employees. One of the business visas that causes a lot of confusion is the TN visa. The TN visa offers a valuable opportunity for engaging in professional activities in the United States. Several myths about the TN visa can lead to misinformation and confusion, and debunking these myths is vital for streamlining the process of navigating U.S. immigration law. Below, we debunk some of the common myths about the TN visa.
Myth #1: The TN Visa Is Only for Canadians
It is a common misconception that the TN visa is only for Canadians. This is not true. Indeed, Canadians enjoy a streamlined application process, but they are not the only ones eligible for the TN visa. Mexicans are also eligible for TN visas. The TN visa allows eligible professionals from Canada and Mexico to work temporarily in the U.S. in certain occupations.
Myth #2: All Professional Roles Are Eligible for TN Status
Only specific professionals are eligible for the TN visa. Eligibility for this visa is limited to specific professionals listed in the USMCA Agreement. the following are some of the types of professionals eligible for the TN visa;
- Accountants
- Lawyers
- Engineers
- Scientists
- Pharmacists
- Nutritionists
- Psychologists
- Teachers
- Hotel managers
- Architects
- Economists
- Industrial designers
Many of the professionals eligible for a TN visa require a bachelor’s degree or equivalent professional credentials.
Myth #3: TN Visas Lead to Permanent Residency
A common misconception is that a TN visa is a direct path to permanent residency. This is not true. The TN visa is a non-immigrant visa intended for temporary employment in the United States. However, TN visa holders can pursue avenues for permanent residency. Transitioning from a TN visa to permanent residency requires strategic planning and legal consultation.
Myth #4: TN Visa Holders Cannot Bring Their Family to the U.S.
TN visa holders can bring their spouses and unwed children below the age of 21 to the United States on TD visas. However, while they can study, spouses and children of TN visa holders are prohibited from working in the U.S.
Myth #5: TN Visa Holders Can Start a Business in the U.S.
Some people believe that TN visa holders are allowed to do business in the U.S. TN visa holders cannot run or engage in business operations in the U.S. as business owners or entrepreneurs. The TN visa is explicitly for employed professionals. TN visa applicants must be employed by a U.S. company or entity, and their work must fall under one of the approved professionals listed in the USMCA Agreement.
Myth #6: TN Visas Are Difficult To Obtain
The TN visa is known for being one of the more accessible and straightforward work visas. With proper documentation, including a valid job offer from a U.S. employer, proof of qualifications for a USMCA-listed profession, and supporting materials, eligible professionals can successfully secure a TN visa. Working with an attorney can help ensure accuracy, avoid pitfalls, and expedite the application process.
Contact a New York TN Visa Lawyer
If you need help navigating the TN application process, contact a skilled New York TN visa lawyer at The Law Offices of Elsa Ayoub, P.L.L.C. today.
Source:
uscis.gov/working-in-the-united-states/temporary-workers/tn-nafta-professionals
