Special economic trade agreements have existed between the United States, Mexico, and Canada for many years. They were formalized through the North American Free Trade Agreement and have since been furthered by the United States-Mexico-Canada Agreement, or USMCA.
One aspect of these agreements is expanded immigration between these three countries for qualified professionals. A TN visa lawyer could help your business bring qualified professionals into the country to strengthen your workforce. This process can be complex, so your company could benefit from the support of a dedicated visa attorney.
Not all foreign professionals will qualify for this program. Because of its ties to the USMCA, only applicants from Canada or Mexico may apply. There are also limitations based on a person’s profession. The USMCA maintains a list of jobs that allow for TN visas.
Applicants must work in prearranged positions in the U.S. These options can be full or part-time. They must also have any necessary education and experience requirements unique to the specific profession.
One of the benefits of relying on the TN program for foreign employees is that it provides an open-ended opportunity for qualifying professionals to work in the U.S. The initial period of admission after being granted one of these visas is three years. What is important to understand is that United States Citizenship and Immigration Services—or USCIS—has the ability to extend a visa after this initial period ends. Extensions last for three years, and there is no firm limit on how many an applicant can obtain. In other words, professionals could remain in the country indefinitely under this program. An attorney could help a company seek extensions for TN visas.
Companies play an important role in helping qualified professionals enter the United States with a TN visa. It is not enough to meet the other eligibility requirements; a professional must intend to engage in employment in their approved field. A company must provide them with an offer of employment before they apply to enter the country.
One of the ways this program can work in favor of an employer is that there is no requirement for securing labor certifications from the federal government. For many visa programs, the Department of Labor must certify that an employer is cleared to hire a foreign professional, as it will not negatively impact the U.S. job market or work conditions. These certificates also include an attestation that the company was unable to fill the role with professionals domestically.
Labor certificates are a common part of employment-based immigration, and complying with them represents a cost to any business hoping to expand its workforce using employees from abroad. The lack of this requirement is a major advantage for TN visas. A lawyer could further explain any employer requirements for a TN visa.
If your company intends to hire someone from Mexico or Canada, a TN visa lawyer is here to help. This program is a valuable tool that allows you to hire foreign professionals without the need for labor certificates. Reach out right away to learn more about how an attorney could help.
