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If you are a Canadian or Mexican national interested in working in the United States, schedule an appointment with Alina Kats to get help with your visa application and enjoy a seamless TN approval process. Alina is an expert immigration lawyer and guides you through the entire process, addressing your concerns on the way, and leverages her experience to ensure success. Alina has successfully filed thousands of TN applications and is well-versed in government processing trends and expectations. She understands what the customs and border protection seek and ensures your visa is approved without hindrances.
Non-citizens who wish to travel to the United States need a visa, either a non-immigrant visa for temporary stay or an immigrant visa for temporary residence. The United States-Mexico-Canada Agreement (USMCA) created special economic and trade pathways for the United States, Canada, and Mexico. This nonimmigrant visa allows eligible citizens of Canada and Mexico to work in the United States for US and foreign employers.
This visa presents great opportunities for lawyers who look forward to gaining experience in the US job market and advancing their careers. It offers them a relatively straightforward path to work as a legal professional depending on their specific goals and circumstances.
Read on to learn how you can obtain a TN visa as a lawyer, the necessary qualifications, and how to navigate the application process.
A TN visa, also known as a Trade NAFTA visa, permits qualified Canadian and Mexican citizens to work in specific professional occupations. It is a non-immigrant visa and was created under the North American Free Trade Agreement (NAFTA), now part of the U.S.-Mexico-Canada Agreement (USMCA). Initially valid for up to three years, the TN visa can also be renewed indefinitely as long as you meet the eligibility requirements.
The TN visa is designed for people whose occupations fall under the list of designated NAFTA professions. However, to obtain this visa, foreign nationals must not only meet the criteria for the specific professional category, but the position in the United States must require someone in that professional category.
To work as a lawyer in the United States, a foreign national must have at least a bachelor’s degree or appropriate credentials that verify their status as a professional. Equivalencies based on a combination of education and experience to substitute for a degree are not permitted if a degree is specifically required for a listed profession.
To acquire a TN visa status as a lawyer successfully, you need to meet the following criteria:
Non-immigration intent – You must be able to convince the authorities that you will return to your home country after the temporary work period is over.
You should have 69 FR 60939 or the Hrinyak Memo on hand to present to the border inspectors to avoid a denial, in case you do not have a professional license.
To qualify for TN visa status under the occupational category for Lawyers, you must possess one of the following academic qualifications:
As long as you possess one of these credentials, you may qualify for a TN as a Lawyer. You do not need a state license or bar membership before securing the TN if you have one of the other credentials listed.
Initially, under the United States-Canada Free-Trade Agreement (the predecessor to NAFTA), an individual could qualify as a lawyer only by being a member of a provincial or state bar, or by possessing an L.L.B., or J.D. 54 FR 48575. However, in 1991, L.L.L. and B.C.L. degrees were added as alternative credentials to qualify as a Lawyer.
Lawyers possessing a TN visa can perform the same duties and offer similar services as any other lawyer.
Their scope of duties includes, but is not limited to following:
Part-time employment is allowed and a TN visa holder can work for work for multiple employers, as long as TN status is approved for each employment in the United States. However, self-employment is not allowed. A TN visa holder can own an interest in the foreign company contracted to perform consulting services in the United States.
The United States authorities have not imposed any restrictions on TN status lawyers. They can practice as and how they want.
Most TN visa lawyers work in the following fields:
For young lawyers who want to move to the United States as a foreign national, this is an excellent opportunity to plan their future. If your goal is to permanently settle in the US, the TN visa may require careful planning and additional steps, such as applying for a green card, which can take time.
If you meet the qualifications and want to practice law in the US, a TN visa can be a solid and relatively simple option. However, applying for a TN work permit is not a do-it-yourself project and requires professional guidance. An immigration lawyer can help you move forward in life and enjoy career growth. At Kats Immigration Law, Alina Kats not only drafts your TN application but also creates a strategic plan for its success. She works with you and your employer to understand your job duties and drafts a comprehensive TN petition so you can start your journey to working in the US. She will secure a TN appointment on your behalf for ports of entry too.