Tag Archive DS-160


Are You a Mexican Professional Worker? Learn How to Apply for a TN NAFTA Visa


The TN NAFTA visa is meant for professional workers from Mexico and Canada. This visa allows Mexican citizens to come to the U.S. and work for at a professional job that meets NAFTA requirements. To learn more about those requirements, see our past articles.

You must have a TN NAFTA visa before entering the U.S.

The process of applying involves proving that your employment is on par with NAFTA requirements. Required documents are: Form DS-160 (Nonimmigrant Visa Application, $140), a valid passport, a 2×2 photo of you, and a letter or statement from your boss or future employer in the U.S. This letter should outline the following information: facts about your profession (stating that the profession requires someone with professional ability), evidence that you will be hired (how the employer will pay your salary, full time or part time), and a detailed statement, letter, or contract that explains the business activities that your employer will provide.

This letter or contract will explain why you are entering the U.S. and your new job with the U.S. employer. The employer should also describe how long you plan to stay in the U.S. for, as well as your educational background and qualifications that show your status as a professional worker. Your employer must also explain that he or she complies with state law and DHS regulations that concern the business or place of employment. The employer should explain how he or she is going to pay your salary.

If you choose to bring your family with you, they will need to submit paperwork as well. Your spouse and any children under the age of 21 can join you in the United States. First and foremost, they must prove their relationship to you. They must also provide proof of their citizenship in Mexico and copies of your entry documents (in other words, the family must show that the TN NAFTA visa holder is obeying legal requirements). Also, the family does not have to have Mexican citizenship. They can be citizens of another country.
Your family will be allowed to study but not work. If you are already in the United States and want your family to join you, they will need copies of your I-94 papers (Arrival-Departure Record) to show that you are still maintaining your status.

Basically, all of this means that you must establish that the job you will be employed for is a legitimate one that belongs to a NAFTA list category. You have to show that your intended stay is only temporary (show that you have a stable home in Mexico). Your employer has to demonstrate that you, the applicant, meet all the minimum degree requirements for the job you are going to take. Degrees, diplomas, educational certificates, and professional licenses or membership to professional organizations are all examples of your educational status.

You should translate documents that are written in Spanish. And include validation of your documents by a credible outside source – there are some companies that offer professional validation of documents. You may need to contact one of these agencies.
Also show your work experience or business records if you were self-employed. All of these documents will help demonstrate that you are coming to the U.S. to work in a special field. One note: you do NOT need to prove that you are licensed to work in a certain field.

Every state has different laws relating to this issue. If you want to learn more, contact Immigration Attorney Phillip Kim. He has expertise in immigration law and can help you determine if the NAFTA Visa is the right type of visa for you.

(559) 761-9742


Canadian Professional Workers: Are You Eligible for a TN NAFTA Professional Visa?


If you are a professional worker, you have a lot of options when it comes to applying for a visa. EB-1, H-1B, and E-2 are just a few of the many visas available to you. The Phillip Kim Law Center seeks to educate you and let you know what options are available to you so you can take the right steps towards getting a visa and possibly citizenship.

This article will cover one type of professional worker status visa, the TN NAFTA Professionals visa. This visa is based on the NAFTA (North American Free Trade Alliance). It is a non-immigrant status visa that allows Canadian citizens to work in a business activity in the United States.

To be eligible for this type of visa, your profession must meet the requirements. First, your profession must be one that is on the NAFTA List: professions like accountants, engineers, lawyers, pharmacists, scientists, and teachers.

Secondly, the job you are going to do must require a NAFTA professional. Lastly, your position must be for a U.S. employer, for a position that is pre-arranged. You cannot pursue self-employment in the U.S.

There are other requirements you must meet: you must be a Canadian citizen (permanent residents are not eligible) and you must meet the qualifications of the profession.
The NAFTA agreement applies to Canadians and Mexicans. While Mexican citizens need a visa to come to the U.S. through TN NAFTA status, Canadians do not need to obtain a visa before coming to the U.S. If you still want a visa for documentation purposes, you can apply for one when you enter the U.S. Just apply at the port of entry.

But, if you are living in another country besides Canada and you want to bring your non-Canadian spouse or children with you, you will need to get a visa so that your family can eventually get TD-Visas (visas for the family of NAFTA professionals).

In order to apply, go to your consular office. If you are between the ages of 14-79, you will need to attend an interview. Make an interview appointment but be aware that there is a wait-time. In Canada the wait time usually lasts up to 2 days. They will conduct electronic fingerprinting at the interview as well so be prepared to submit that for an identity check.

Once you are in the U.S., you can stay with non-immigrant TN NAFTA status for up to 3 years. The cost of applying is $140. You can also apply for your family (spouse and children under the age of 21) to obtain TD visas. Having a TD visa will be beneficial to your family because they will be allowed to stay with you while you are in the U.S.

You will be required to submit extensive documentation with your application. Each case is different and unique. If you would like more information about your personal case, contact specialized Immigration Attorney Phillip Kim.

(559) 761-9742