Mexican and Canadian nationals in a number of specific (mostly technical) positions are potentially eligible for this category, one of the benefits of the North American Free Trade Agreement. Canadians TN visa applicants undergo much easier process -- an application is made at the border, whereby the applicant demonstrates Canadian citizenship, a job offer from a U.S. employer for one of the approved positions, proof of an un-relinquished foreign domicile in Canada, and the application fee. Mexican nationals have to comply with H-1B procedures, as explained below.
Valid for 12 months at a time, the TN visa may be renewed indefinitely by making a new application at the border or by filing an application for extension with the INS. Obtaining TN approval largely depends upon the discretion of the individual border officer. Because this is a relatively new visa category, there are not many guidelines, and success is therefore very uncertain.
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Byrley Law Firm, LLC
10015 Old Columbia Road Suite B215
Columbia MD 21046