Nonimmigrant Visas

TN Visa

The category of TN Visa (NAFTA Professionals) is available for Canadian or Mexican citizens seeking to temporarily enter the U.S. to pursue a prearranged employment position for a U.S. entity or U.S. individual in certain professional categories, listed below. The period of authorized employment may be up to 3 years. Many Canadian TN Visa applicants choose to apply at a designated U.S. port of entry or preclearance facilities with the required documentation due to quicker processing, though there is also an option to apply at a U.S. consulate. In the alternative, a prospective TN employer may choose to petition the USCIS to secure a TN status approval on behalf of its prospective employee. Premium processing is available for this route, which renders a decision within 15 business days upon receipt.

TN Visa regulations provide temporary work authorization to 63 categories of occupations, including 25 general, 12 medical, 23 scientist, 3 teacher occupations. For the professional to be eligible, the majority of these categories require a bachelor’s degree or professional license. Specific occupational categories may impose additional eligibility requirements.

The 25 general occupations are Accountant, Architect, Computer Systems Analyst, Disaster Relief Insurance Claims Adjuster, Economist, Engineer, Forester, Graphic Designer, Hotel Manager, Industrial Designer, Interior Designer, Land Surveyor, Landscape Architect, Lawyer, Librarian, Management Consultant, Mathematician(incl. Statistician, Actuary), Range Manager(Conservationist), Research Assistant, Scientific Technician(Technologist), Social Worker, Sylviculturist(Forestry Specialist), Technical Publications Writer, Urban Planner(Geographer), Vocational Counselor.

The 21 medical occupations are Dentist, Dietitian, Medical Laboratory Technologist, Nutritionist, Occupational Therapist, Pharmacist, Physician, Physiotherapist/Physical Therapist, Psychologist, Recreational Therapist, Registered Nurse, Veterinarian.

The 23 scientist occupations are Agriculturist, Animal Breeder, Animal Scientist, Apiculturist, Astronomer, Biochemist, Biologist, Chemist, Dairy Scientist, Entomologist, Epidemiologist, Geneticist, Geochemist, Geologist, Geophysicist, Horticulturist, Meteorologist, Pharmacologist, Physicist (incl. Oceanographer), Plant Breeder, Poultry Scientist, Soil Scientist, Zoologist.

The 3 teacher occupations are College, Seminary, and University Teachers.

Family-Based Immigration

U.S. Citizen family sponsorship: If you are a U.S. citizen, you can sponsor your spouse, unmarried child (under 21 years of age), or parent to come to the U.S. as permanent residents.

• You (sponsor) must be a U.S. citizen.
• You must be at least 18 years of age.
• You (sponsor) must maintain your principal residence (i.e., domicile) in the United States, which is where you plan to live in the foreseeable future.
• You and your spouse must be legally married and present evidence establishing a bona fide relationship.
• You (sponsor) must meet certain income requirements.

U.S. Citizen fiancé(e) (K-1) Visa: If you are a U.S. citizen, you may bring your fiancé(e) to the U.S. for the purpose of getting married. This visa is valid for six months. After you get married, you can submit an adjustment of status application to convert your fiancé(e)’s status to a permanent resident.

• You (sponsor) must be a U.S. citizen.
• You must be at least 18 years of age.
• You and your fiancé(e) must both be single and eligible to be married under U.S. law.
• You must have met in person at least once in the past two years, and present evidence establishing an bona fide relationship.
• You and your fiancé(e) must demonstrate your intent to marry within 90 days of entering the U.S.
• You (sponsor) must meet certain income requirements.

U.S. Citizen extended family sponsorship: If you are an adult U.S. citizen, you can also sponsor your adult sons and daughters, married sons and daughters, and brothers and sisters. Note that different types of family relationships involve different waiting times before a visa can be issued. Some categories may take more than 15 years to process.

Permanent resident family sponsorship: If you are a U.S. permanent resident (green card holder), you can sponsor your spouse, unmarried children (higher priority category), unmarried adult sons and daughters (lower priority category) to come to the U.S. as permanent residents.

Employment-Based Immigration

EB-1 Extraordinary Ability Petitions

If you are nationally or internationally recognized as a top-1% scientist, athlete, artist, professor, or other professional in your field, you may be eligible to self-petition for U.S. permanent residency (Green Card) with no need for a job offer or labor certification. USCIS offers the option for premium processing for this category, which provides a decision within 15 business days upon receipt.
Requirements:
• You must have either an internationally renowned award (e.g., Academy Award, Olympic Medal, Pulitzer Prize) or at least three of the following:
• Awards or prizes of slightly lesser national or international recognition
• Membership in prestigious associations or organizations granted to experts in their fields
• Served in a position to judge the work of others in your field (e.g., peer review)
• Made highly significant original artistic, scientific, or scholarly works in the field
• Published scholarly articles in professional or major trade publications or other major media
• Your artistic work has been displayed in exhibitions or showcases
• Leading or critical role in distinguished organizations
• Significantly high salary compared to others in the field
• Commercial success in the performing arts (e.g., box office sales).

EB-2 National Interest Waiver Petitions

If you are an advanced degree professional (e.g., Masters, M.D., Ph.D.) or have exceptional ability in an area that benefits the U.S. national interest, and made significant advances to that field, you may be eligible to self-petition for U.S. permanent residency (Green Card) without the need for a job offer or labor certification. For example, a biological sciences researcher, who holds a Ph.D., may seek to enter the U.S. to continue her high-impact research in a matter that significantly contributes to enhancing the public health of U.S. citizens. The application and adjudication process can take approximately 1-2 years.

Requirements:

• You must either have an advanced degree (above baccalaureate) or possess exceptional ability in science, arts, and business. Exceptional ability can be proven by meeting at least three of the below criteria:
o Degree, diploma, certificate of education relating to your area of exceptional ability
o 10 years of full-time experience in your occupation
o License or certification to practice in your profession
o High salary demonstrative of exceptional ability
o Membership in professional associations
o Recognition of your achievements or significant contributions in your field by peers, government entities, professional or business organizations
• Your proposed endeavor in the U.S. has both substantial merit and national importance.
• You are well-positioned to advance the proposed endeavor.
• It would be beneficial to the U.S. to waive the requirements of a job offer and labor certification.