WORKING IN H-1B VISA STATUS TN VISAS WERE APPROVED BY THE NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)

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There is no limit to the number of times a Mexican or Canadian citizen can be granted TN visa status, provided their stay remains temporary nonimmigrant. A foreign national proves that their stay is "temporary" by keeping evidence of a lot of ties with their home country (filing Canadian or Mexican tax returns, voting, maintaining a residence and foreign bank account) and by not applying for an American green card (permanent residence). If a TN visa holder wishes to apply for foreign residence, they should transfer to H-1B visa status.

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PLANNING FOR L VISA

Mexico City, Mexico, where NAFTA was signed by U.S., Mexico & Canada in 1993

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TN WORK VISAS FOR CANADIANS & MEXICANS

Professionals of Canada or Mexico may obtain a 1 - 3 year TN Visa to work in the U.S. under the following conditions:

Applicant is a Citizen of Canada or Mexico;

Profession is on the NAFTA PROFESSIONS LIST;

Job Position in the U.S. requires a NAFTA professional;

Mexican or Canadian applicant has an offer to work for a U.S. employer;

and,

Canadian or Mexican citizen has the qualifications of the profession.

Spouses and children (unmarried children under the age of 21) who are live in the U.S. with the TN professional worker can get a TD visa. The TN worker's spouse and children do not have to be citizens of Mexico or Canada. Spouses and children cannot work while in the U.S., but are permitted to study.

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Danielle, I picked up my TN Visa today at the U.S. Consulate in Tijuana, and I crossed the border to the states around 6 p.m. I had to get my new I-94 Card at San Ysidro secondary and they asked me everything all over again, but they weren't picky about anything, just doing their job.

They liked your organization on the TN Visa files, that helped a lot! I 'm about to let my employer in San Diego know that I got the TN Visa and that I am ready to start work as a Graphic Designer this Thursday. Thanks for all your hard work!

R.R., Tijuana, Baja California, Mexico, March 2010.

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TN VISA BORDER TIPS:

This is a very subjective visa so be prepared for both the U.S. Consulate interview, and the border interview.
Dress professionally, be respectful and do not lose your temper or get fed up (even if you are required to wait a long time at the border).
It is up to the discretion of the Consular Officer whether you qualify - do not give them reasons to deny you.
You may not be allowed to use your cell phone inside the U.S. Consulate or at secondary inspeaction at the Border.
Bring proof of ties to either Mexico or Canada, as well as all other required documents.
Bring cash to pay for the TN Status at the U.S. Consulate.

TN VISA PROFESSIONAL FROM MEXICO _____________________________________

The TN visa is not available if you set up your own business in the United States and then sponsor yourself for a TN visa. Unfortunately, the regulations specifically do not allow self-employment for TN holders, unless you perform services for a U.S. entity.

TN holders may not be sole owners of, or hold a controlling interest in, their sponsoring companies. If you are seeking to invest in a business in the United States, you may want to consider the E-2 Treaty Investor visa category. In some cases the TN applicant does not have to be an employee of the U.S. company and may be a contract employee under certain circumstances.