If you are a citizen of Canada or Mexico, your profession qualifies under the TN regulations, the position in the U.S. requires a NAFTA professional, you have the necessary qualification, and you have a pre-arranged employment with a U.S. employer, you may apply for a TN visa. The profession of lawyer qualifies under the TN regulations.
What kind of education do I have to have? Do I have to have a law degree from a U.S. University?
If you have an L.L.B., J.D., L.L.L., B.C.L. or Licenciatura degree (5 years) or if you have a membership in a state/provincial bar, you meet qualification requirement for the TN visa under the lawyer category. Please note that you do not have to have a law degree from a U.S. University to qualify for the TN visa.
Do I need to be admitted to the bar in the U.S. at the time I apply for TN visa?
The short answer is no. The government previously issued a Memorandum that specifically states that you do not have to present evidence that you already have a law license in a particular U.S. state at the time you apply for a TN visa. However, keep in mind that you are still subject to the particular state’s licensure requirements.
How do I apply for a TN visa? What documents do I have to bring to the interview?
As a general rule, Canadian nationals may apply for a TN visa when entering the U.S. at the border. If you are a Canadian national, you should bring your passport, the original letter from your U.S. employer that must have the employer’s original signature, your degree and transcripts, and your Canadian law license.
If you are a Mexican national, you will have to apply for a TN visa at a U.S. Consulate abroad. You should check the website of the Consulate where you want to apply to see what documents you have to bring to the interview and to see if the Consulate wants the documents to be sent before the interview.
How much do I have to pay for the TN visa?
If you are a Canadian national, you will have to pay $50 USD for the TN visa and $6USD for the paper I-94 form.
If you are a Mexican national, you will have to pay $160 non-refundable visa fee.
Can my spouse and children come to the U.S.?
Yes. Your spouse and children may accompany you and live in the U.S. if you have a TN visa. If your spouse and children are Canadian citizens, they can apply for TD visas at the border. If your spouse and children are Mexican or if you are Canadian but your spouse and children are non-Canadians, they will have to apply for a TD visa at a U.S. Consulate abroad. Please note that your spouse may not work in the U.S. on TD visa but may study.
Please see our blog post discussing self-employment and working as an independent contractor on TN visa when you click here.
For more information on if you are here on a TN visa and are furloughed or lose your job in the Coronavirus pandemic, please click here.
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