what does a lawyer do for your tn visa

Full Answer

Can a TN visa holder work as a lawyer?

The TN visa regulations do not specifically define the types of Lawyer positions or job duties that are permissible under this TN category. Like the degree requirement, individuals should refer to the U.S. Department of Labor’s Occupational Outlook Handbook (OOH) for guidance on the generally accepted job duties for this occupation.

When was the TN visa occupational category for lawyers first listed?

The TN visa occupational category for Lawyers was first listed in the United States-Canada Free-Trade Agreement (FTA) in 1989. See 54 Federal Register 12 (Jan. 3, 1989).

Where can I find more information about the TN visa degree requirements?

Additional information on the educational requirements for a Lawyer for purposes of a TN visa may be found in the U.S. Department of Labor's Occupational Outlook Handbook (OOH). See Royal Siam Corp. v. Chertoff, 484 F.3d 139, 145 (1st Cir. 2007). Read more about the TN visa degree requirements.

Can a TN visa petition be overturned by the AAU?

In re X, LIN 98 137 50919 (AAU Aug. 6, 1999), the AAU overturned the denial of a TN visa petition for a Lawyer who was to provide advice to a ranch with respect to Mexican law, export tariffs, and health regulations. Read more about TN visa job duties. Foreign Attorneys: The Right to Practice.

How much is a TN visa lawyer?

Flat fee ranging from $750 - $1,500 depending on issue. (Advisable only for cases where there is no issue with an applicant's job & credentials qualifying.) -Receive visa application interview preparation phone call for an additional fee of $300.

Why would a TN visa be denied?

An individual may be denied a TN at the border not only if his/her job or credentials do not meet the requirements for a TN, but also on account of activities occurring during past visits to the U.S. Individuals who CBP believes violated the terms of a prior visa, e.g. by working without authorization, remaining in the ...

What happens if you get denied a TN visa?

If you have been denied a TN Visa for any reason, don't panic. Some TN Visa denials cannot be overcome, but depending on the reasons behind your denial, there may be options to make corrections, return to the port of entry with the correct documentation, reapply, and still obtain approval of your TN Visa.

How long does it take for a TN visa to be approved?

TN Visa Processing Time Generally, you can expect it to take about six months to process your I-129H1. However, you can opt to pay an additional fee for premium processing, which will expedite your TN petition's processing time to 15 business days.

How often are TN visas denied?

In 2016, the TN approval rate was 90.7% and RFE was issued in 23.6% cases. In 2017, the TN approval rate was 91.6% and 7RFE was issued in 22% cases. In 2018, the TN approval rate was 88.2% and RFE was issued in 28.2% of cases. In 2019, the TN approval rate was 89.8% and RFE was issued in 24.5% cases.

How difficult is it to get a TN visa?

When compared to the process of obtaining other work visas, such as an H-1B Visa or an L-1 Visa, it is rather easy to get a TN Visa. In fact, in many cases you can obtain a TN Visa the same day at a qualifying port of entry.

Can I travel outside the U.S. with TN visa?

Traveling abroad while a TN petition is pending with USCIS The TN worker must be physically present in the U.S. at the time a petition is filed. After filing, it is not advisable for TN employees to travel abroad while the petition is pending.

How many times can you apply for a TN visa?

TD visa for TN visa dependents As a dependent visa, TD nonimmigrants are allowed to stay for as long as the primary TN visa holder's status is valid. Like the TN, the TD visa comes with an initial three-year period of stay and has no limits on how many times holders may extend or renew.

Can I get a green card on TN visa?

Can TN visa holders transition to a green card? This is one of the most common questions that TN visa holders ask, especially after they have spent some time in the U.S. The short answer is yes, it is indeed possible to obtain permanent resident status as a TN visa holder.

Can TN visa holder buy a house?

Similarly, a TN visa professional may purchase a home in the U.S. There is no prohibition under U.S. immigration laws for buying a house.

Do you need a job offer for a TN visa?

You must have a job offer from a U.S. employer before applying for TN status. You cannot apply on your own without such an offer of employment. The TN visa was originally created under the North American Free Trade Agreement (NAFTA) between Canada, U.S. and Mexico.

Is offer letter enough for TN visa?

Your employer's offer letter can be a powerful tool in meeting the requirements for admission to the U.S. as a TN worker. Speak with your employer or an immigration attorney if you have questions on your specific employment.

What are the Benefits of a TN Visa?

The TN NAFTA professional and H-1B specialty occupation visa categories have many similarities, so it is possible for many foreign nationals to be qualified for both. Each has its own advantages and disadvantages. A TN Visa Lawyer Houston can explain the major differences to provide you with a general idea of which is better for you.

Some of the advantages and benefits of a TN visa are as follows

Can enter the United States simply by providing documentation at the port of entry that they are engaged in one of the designated professions, and that they possess the requisite educational credentials to qualify in the listed profession.

Who can I qualify for a TN Visa?

To qualify for TN status, the intended U.S. activity must be in a profession listed in the NAFTA Treaty, and the applicant must possess the necessary credentials to be considered a professional in one Treaty’s listed fields. You may be eligible for TN nonimmigrant status, if:

How do I apply for a TN Visa?

Canadian citizens have the option of applying for a TN visa at the U.S. border port of entry. You will need to bring all relevant documents and information with you, including proof of Canadian citizenship, letter from your employer, any credentials evaluation, and visa fees.

How can an Experienced Visa Lawyer Help You?

If you are filing a TN visa petition, we can help. At the Salinas Law Firm, our TN Visa Lawyer Houston is highly experienced and has successfully prepared and obtained approval for numerous TN visa petitions.

NAFTA ( TN)

The North American Free Trade Agreement (NAFTA) creates special economic and trade relationships for the U.S., Canada and Mexico. The TN nonimmigrant status allows professionals from Canada and Mexico to work in the U.S. Mexican professionals must obtain a TN visa at a U.S. Consulate or Embassy to enter the U.S.

Form I-9

When completing Section 1 of Form I-9, Employment Eligibility Verification, an employee in TN status should select “An alien authorized to work” and enter the admission number and expiration date of their status as indicated on Form I-94/Form I-94A, Arrival/Departure Record.

How long is a TN visa valid?

In most cases, TN visas are granted for a period of three years. So long as the TN visa holder remains actively engaged in business and continues to possess no intent to immigrate to the United States, the TN visa/status may be extended as long as the applicant wishes (typically by periods of three years).

Can a spouse of a successful TN visa be employed in the US?

Unmarried children under 21 and the spouse of a successful TN visa applicant will be eligible to enter and live in the United States with the TN derivative status so long as the primary TN visa remains active. While family members will not be allowed to be employed in the U.S., anyone with TN derivative status may attend schools.