What Is A TN Visa?
A TN visa is an non-immigrant work visa which allows Canadian and Mexican citizens to seek temporary entry into the United States to work.
Why Should Canadian Engineers Consider TN Visas?
1. An Increase of Available Jobs: With a TN visa, you have an opportunity to look for jobs in the United States. This automatically increases the amount of jobs available to you.
2. An Opportunity to Live in the United States: Depending on your work assignment, you may have an opportunity to live in the United States, for many years in fact. This presents a great opportunity for you to enjoy life in the United States.
3. A (Potentially) Higher Salary:
You might find a job with a higher nominal salary and, in real terms, you salary can be higher due to the strength of the U.S. dollar. As of the date of this writing, January 19, 2025, one Canadian dollar is worth about .69 cents of an American dollar. Therefore, even a modest salary where you are paid in U.S. dollars would be an excellent salary when converted to Canadian dollars. Even if you do not have any desire to live in the United States for any period of time, if you have a hybrid job out of the United States, travel to the U.S. from time to time and maintain your Canadian residence, it can be a significant pay increase.
How Do I Qualify For A TN Visa?
You will need a baccalaureate or licenciatura degree in engineering or a state/provincial engineering license. Further, you will need a job offer and will have to work in the United States as an engineer.
Can I Be Self-Employed With A TN Visa?
No. Self-employment is not permitted.
Do I Have to Be Employed By A U.S. Employer For Eligibility?
No, this is not necessary. If you have to enter the United States for work assignments for your Canadian employer, you can still be eligible.
How Can I Apply for a TN Visa?
There are three ways you can apply. 1. If you are in Canada, you can apply at an U.S./Canadian border crossing. You will have to call U.S. Customs and Border Protection and schedule an appointment. 2. If you are already in the United States in another immigration status, you can apply by filing a petition with USCIS. 3. If you are in Canada you can file your petition with USCIS to get pre-approved. However, this option is unnecessarily expensive since you have to pay USCIS filing fees, you have to wait longer since your petition has to be processed by USCIS and this process is unnecessary in general since you can just apply at a border crossing.
Can I Immigrate With a TN Visa?
No, you cannot immigrate with a TN visa. A TN visa is considered a nonimmigrant visa. This means that you cannot have the intent to immigrate or previously have done something that indicates you would like to immigrate to the United States (e.g. file an immigrant petition). As far as how you can obtain permanent residency in the future, it will depend on your specific circumstances.
How Long Is TN Visa Good for?
You can remain on TN status for up to three years. However, depending on the nature of your assignment, you may be approved for a shorter period of time. It will depend on the terms of your employment agreement and why you are entering the United States.
Can I Renew a TN Visa?
Yes, you can renew a TN visa so long you meet the conditions.
Is There A Limit to How Many Times I Can Renew?
There is not a limit to how many times you can renew. However, as mentioned above, a TN visa is a nonimmigrant intent visa. Therefore, the longer you stay in the United States, the more you should try to establish that you do not have nonimmigrant intent. However, if you continue to reside in Canada but travel to the United States from time to time, it will be easier to prove that you have non-immigrant intent.
Can My Spouse and/or Children Accompany Me on a TN Visa?
Yes, your spouse and unmarried children under the age of 21 may accompany you during the TN work assignment; they would receive a TD visa, which are for the dependents of a TN visa holder.
Do My Dependent Spouse and/or Children Have Work Authorization?
The spouse and children of TN visa holder do not have work authorization under this visa. For your spouse and children to have work authorization, they would have to obtain their own visas that would allow for it.
I Am Not An Engineer But I Work With Them. Do I Have Any Options?
Yes. In this situation, you might qualify for a TN visa as a Scientific Technician/Technologist. For this category, you have to have theoretical knowledge of engineering, the ability to solve practical problems or the ability to apply principles to basic or applied research and directly support a professional, typically an engineer.
I Am a Canadian Permanent Resident. Do I Qualify For a TN Visa?
TN visas are only available for Canadian and Mexican citizens; therefore, permanent residency is not sufficient. Once you gain Canadian citizenship, you will become eligible.
Conclusion
A TN visa is a great option for Canadian engineers. It is relatively straightforward so long as you have an engineering degree and will be working an engineering job in the United States.
If you have specific questions about your situation, please do not hesitate to contact me.
Last Updated on February 16, 2025 by Ernest J. Edwards
