TN Visas for Mexicans and Canadians Part – 3

Moreover, the shortage of skilled professionals extends to the education sector, particularly for those with expertise in STEM fields who can educate the next generation in science, technology, engineering, and mathematics disciplines.

These shortages highlight critical areas of focus for educational institutions and policymakers to address the gap between supply and demand and ensure a well-equipped workforce for the future.

How Long Can You Stay in the U.S.? Under a TN Visa?

The TN Visa is initially issued for three years and can be extended by applying to extend the current status. There is no limit to the number of times a TN visa can be granted as long as the applicant continues to meet the qualifying requirements. It should be noted that the applicant must demonstrate that their employment remains temporary and that they maintain ties to their home country, indicating no intent to pursue permanent residency, even if they have been in the U.S. for years. Let me explain. When a non-American applies for a work visa, these are called Temporary Work Permits. Even a three-year visa is considered temporary. Therefore, when they apply for a TN visa, non-Americans must present evidence that they fully intend to return to Mexico or Canada at the end of the three years, unless their application for an extension is approved. In fact, non-Americans must provide proof that they continue to have significant ties to their home country. In practice, USCIS will accept a statement from the Non-American as to their intention to return home, as it would be impractical to keep a residence in their home country and all of the expenses that would entail just to show proof of an intention to return home.

If the TN Visa holder wishes to change employers, a new TN application must be filed and approved before taking up a new position because USCIS wants to make sure that the new position qualifies for a TN visa.

Spouse and Children

A major downside of the TN visa for the longer term is that spouses and children are not eligible for work authorization, which can be very difficult for a family with children over 15.

An important point to note is that if the spouse is Canadian and secures graduate-level employment, they can also independently apply for their own TN visa.

Spouses and children are issued TD visas, while the primary applicant is issued a TN visa.

Spouses and Children will be granted the same time as their spouse’s TN. 

Chris M. Ingram, a U.S. Immigration Attorney, is originally from Northampton, England. He earned his BA (Hons) in Law from De Montfort University, Leicester, UK, in 1994. In 1996, he completed his Post Graduate Diploma in Legal Practice (PGDLP) at De Montfort School of Law, followed by a Master of Laws (LL.M.) from Huddersfield University, UK, in 1998. After relocating to the United States, Chris was admitted to the New York State Bar in 2003 and has been a proud member of the American Immigration Lawyers Association (AILA) since 2004.

Having experienced the U.S. immigration process firsthand with his wife and three children, Chris M. Ingram founded his law firm with a mission to ensure that every client receives the best possible immigration experience. He recognized the need for accessible and comprehensive immigration education, leading him to develop one of the most informative online platforms available today.

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