The TN visa is a nonimmigrant visa that allows citizens of Canada and Mexico to work temporarily in the United States in certain specialty occupations. A common question that arises is: is TN visa a sponsorship?
The short answer is no, TN visa is not a sponsorship in the traditional sense. Unlike H1B visas, which require an employer to sponsor the foreign worker, a TN visa does not require an employer to be the primary sponsor. The TN visa holder is the primary applicant for the visa.
However, it is crucial to understand that TN visa still requires a strong relationship with a U.S. employer. Here's how:
The Role of the Employer
- Job Offer: The U.S. employer must offer the TN visa holder a job in a qualifying profession.
- Supporting Documentation: The employer must provide supporting documentation that demonstrates the job requires a person with the specific professional qualifications of the TN visa applicant.
- Form I-129: The employer must file Form I-129, Petition for Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS) on behalf of the TN visa applicant.
The Role of the Applicant
- Eligibility: The applicant must be a citizen of Canada or Mexico.
- Qualifications: The applicant must possess a professional license or degree that meets the requirements for the offered position.
- Supporting Documents: The applicant must provide supporting documentation, including their professional credentials and a copy of the job offer.
- Interview: The applicant may be required to attend an interview at the U.S. embassy or consulate in their home country.
Key Differences from Sponsorship
- Financial Responsibility: Unlike H1B visas, where the employer typically covers the costs associated with the visa process, TN visa holders are generally responsible for their own expenses.
- No Labor Condition Application (LCA): TN visas do not require a Labor Condition Application (LCA), which is a requirement for H1B visas to ensure that the employer is offering the position at a prevailing wage.
- Dual Intent: TN visas allow dual intent, meaning that the applicant can seek permanent residency in the U.S. while working on the TN visa.
Benefits of the TN Visa
- Faster Processing: The TN visa process is generally faster than the H1B visa process, with many applicants receiving their visas within a few weeks.
- Easier to Renew: TN visas are typically easier to renew than H1B visas.
- Dual Intent Allowed: As mentioned earlier, TN visa holders can seek permanent residency while working in the U.S.
Who Qualifies for a TN Visa?
The TN visa is available for professionals in a range of fields, including:
- Accountants: Certified Public Accountants (CPAs), Certified Management Accountants (CMAs), Chartered Professional Accountants (CPAs)
- Architects: Licensed Architects
- Engineers: Professional Engineers (PEs), Licensed Engineers
- Lawyers: Attorneys
- Physicians: Licensed Medical Doctors (MDs), Osteopathic Physicians (DOs)
- Scientists: PhDs and other qualified scientists
- Teachers: Certified Teachers
Conclusion
While the TN visa does not involve traditional sponsorship, it still requires a strong relationship with a U.S. employer. The employer plays a crucial role in the visa application process by providing job offers, supporting documentation, and filing the necessary paperwork. The TN visa offers a faster and potentially easier pathway for qualified Canadian and Mexican professionals to work temporarily in the United States.
