Applying for a TN Visa: Differences for U.S. Residents vs. International Applicants

The TN visa application process differs depending on whether you are already in the U.S. or applying from outside the country. If you are in the U.S., you can submit your application to U.S. Citizenship and Immigration Services (USCIS) for a change of status. If you are outside the U.S., you must apply for a TN visa at a U.S. embassy or consulate.

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By Visa Verge - Senior Editor 8 Min Read

Key Takeaways:

  1. Canadian citizens can apply for TN status at a U.S. port of entry, while Mexican citizens need a visa.
  2. Those already in the U.S. on a different visa must file Form I-129 to change to TN status.
  3. Seek guidance from official immigration sources or an immigration professional to navigate the TN visa application process.

Understanding the TN Visa Application Process

The TN visa is a special non-immigrant classification that allows qualified Canadian and Mexican citizens to work in the United States in prearranged business activities for U.S. or foreign employers. If you’re considering applying for a TN visa, it’s important to understand how the application process varies depending on whether you’re applying from within the U.S. or from outside the country.

Applying from Outside the U.S.

When applying for a TN visa from outside the U.S., Canadian citizens can request TN status at a U.S. port of entry with the required documentation. This includes proof of citizenship, a letter from the prospective employer detailing the job offer in the U.S., and relevant credentials that prove your qualifications for the job. Unlike Canadian citizens, Mexican citizens must obtain a TN visa at a U.S. embassy or consulate in Mexico before seeking entry.

Applying from Within the U.S.

For those who are already in the U.S. on a different visa or status, the process to change to TN status is different. You need to file a petition with the U.S. Citizenship and Immigration Services (USCIS).

Here’s a simple outline of the steps you need to take:

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  1. File Form I-129: Your prospective employer must file a Petition for Nonimmigrant Worker, also known as Form I-129, on your behalf with USCIS.
    1. Compile Supporting Documentation: You will need to prepare the necessary supporting documents, such as evidence of your qualifications, offer of employment, and proof of intent to return to your home country after your TN status expires.
    1. Submit the Application and Fee: Along with the form and the supporting documents, you have to pay the required processing fee.
    1. Wait for a Decision: USCIS will process your petition and provide you with a decision. If approved, you can start working in the U.S. under TN status.

    What You Need to Know

    The TN visa application process can be less cumbersome for Canadian citizens applying from outside the U.S., as they are not required to obtain a TN visa sticker in their passport before entering the U.S. Instead, they can go directly to a U.S. port of entry with the necessary documentation.

    Mexican citizens, on the other hand, must always obtain the visa before entering the U.S., whether they are outside the country or wish to change their status from within.

    Key Takeaways

    • Canadian citizens can directly apply for TN status at a port entry if outside the U.S.
    • Mexican citizens must apply for a TN visa at a U.S. embassy or consulate before entering the U.S., regardless of their current location.
    • Anyone inside the U.S. on a different status must file Form I-129 to change to TN status and cannot work until the petition is approved.

    Additional Resources

    For the most current and detailed information, always refer to official immigration sources:

    If you need further assistance with the TN visa application, consider consulting with an immigration attorney or a qualified immigration professional who can provide personalized advice tailored to your situation. Remember, while the process may seem daunting, understanding the right steps and requirements can help ensure a streamlined and less stressful experience.

    Well, now you know the TN visa application process! Canadian citizens have it easy – they can just waltz into the U.S. with the right documents. Mexicans, though, have to get a visa before crossing the border. And if you’re already in the U.S., you’ll need to file Form I-129. Whew! Still craving more immigration knowledge? Head on over to visaverge.com for all the juicy details. Happy visa hunting!

    FAQ’s to know:

    FAQ 1: How can Canadian citizens apply for a TN visa?

    Canadian citizens can apply for a TN visa by requesting TN status at a U.S. port of entry. They need to present proof of citizenship, a letter from the prospective employer detailing the job offer in the U.S., and relevant credentials that demonstrate their qualifications for the job.

    FAQ 2: Where should Mexican citizens apply for a TN visa?

    Mexican citizens must apply for a TN visa at a U.S. embassy or consulate in Mexico before seeking entry into the United States. They cannot request TN status at a U.S. port of entry like Canadian citizens.

    FAQ 3: How can someone already in the U.S. change their status to TN?

    To change one’s status to TN within the U.S., individuals need to file a petition with the U.S. Citizenship and Immigration Services (USCIS). This involves the prospective employer filing Form I-129, the Petition for Nonimmigrant Worker, on behalf of the applicant. Along with the form, the applicant must provide supporting documents such as evidence of qualifications, offer of employment, and proof of intent to return to their home country after the TN status expires. The petition will be processed by USCIS, and if approved, the individual can begin working under TN status in the United States.

    What did you learn? Answer below to know:

    1. True/False: Canadian citizens applying for a TN visa from outside the U.S. can go directly to a U.S. port of entry with the required documentation.
    2. Which form must be filed to change to TN status for individuals already in the U.S. on a different visa or status? a) Form I-129 b) Form I-130 c) Form I-140 d) Form DS-160
    3. Where should Mexican citizens apply for a TN visa? a) U.S. port of entry b) U.S. embassy or consulate in Mexico c) U.S. embassy or consulate in Canada d) U.S. Citizenship and Immigration Services (USCIS)
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