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H-1B Transfer RFE – The Complete Guide

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When individuals receive an H-1B green visa us transfer RFE in the mail, their first reaction is often to panic. While this may be a common response, an H-1B transfer RFE (Request for Evidence) is merely a request on behalf of the USCIS for additional proof before an H-1B approval or denial. With that being said, it should be completed in its entirety and checked by a professional to ensure the best possible outcome.

How to Transfer Your H-1B Status

There are two types of people who can benefit the most from this post: those that are hoping to avoid an H-1B transfer RFE and those that have already received one. For the first group of people, let’s go over how to transfer your status and minimize your chances of receiving an RFE.

For starters, there are a few things to know about H-1B transfers:

  • You can have multiple employers file transfer petitions for you, and you can work for multiple employers simultaneously.
  • A transfer petition is not subject to the cap unless you are transferring from a cap-exempt employer to a cap-subject one. This means that your petition can be filed at any time and you can begin working as soon as your petition is approved.
  • Transfer petitions benefit greatly from premium processing due to the fact that you are not limited to filing in April and working in October.

To transfer your H-1B status, you need to make sure that your new job still meets the requirements of a specialty position. If it does, then your new employer will need to get your Labor Condition Application (this is required for every H-1B employer) and file your I-129 petition along with the following H-1B fees:

  • $460 basic filing fee
  • $500 anti-fraud fee
  • $750-$1,500 ACWIA fee (if applicable)
  • $4,000 Public Law fee (if applicable)

You can also opt for premium processing, which expedites your H-1B transfer petition to just 15 calendar days. This service is not guaranteed to be available, but if it is, it can be a valuable tool if you receive an H-1B transfer RFE.

H-1B Transfer RFE Background

When the USCIS receives an H-1B application, it typically falls into one of three categories:

  1. File is complete, and the case is ready for approval
  2. File is incomplete, incorrect, or inconsistent and is rejected.
  3. File is complete, but does not meet qualifications and is denied.
  4. File is not yet approvable because it’s missing evidence/documentation or is unclear.
  5. Evidence provided raises concerns or questions and the petition is not yet approvable.

Learn about H-1B transfer before stamping.

If your case falls in the fourth or fifth category, you’ll likely receive an RFE to clarify certain ambiguities. Some people get an RFE and get nervous. Instead, you can think of an RFE as a second chance to avoid receiving a rejection or denial.

Prior to 2008, the USCIS seldomly requested additional information in regards to an H-1B transfer, preferring instead to simply reject or deny petitions that lacked sufficient evidence. However, in recent years they’ve become much more stringent in matters of this nature. H-1B transfer RFEs may ask for factual information from either the petitioner, beneficiary or both depending on the case. Today, the likelihood of receiving an RFE is about 1 in 3. Again, this should not be grounds to worry but a sufficient reason to increase your planning efforts.

In most cases, the USCIS requests things like:

  • Proof of educational degrees and qualifications for the position
  • Tangible evidence of past work experience
  • Documentation from the employer showing the ability to pay the employee the proposed wage and that the wage matches or passes the prevailing wage.
  • Evidence of the employer-employee relationship (remember that you cannot petition for yourself and your employer must have complete control over your employment).

When the USCIS is unsure about a case, they typically:

  • Conduct additional research internally through their channels
  • Ask the petitioner or beneficiary for more documentation relating to their case.
  • Schedule an interview for the beneficiary or petitioner to attend
  • Dig deeper into the case for clarification

Types of RFEs

There are a variety of RFE types. Some of them are as follows:

  • Proof of an employer/employee relationship: Additional information may be necessary to prove that an authentic employer/employee relationship exists. That means that the employer should retain the right to fire (or hire) the employee at any point during the employment time frame. Furthermore, the employer should be withholding the proper taxes and employ the worker on a full-time basis. Examples of benefits that could serve as proof include health insurance, paid time off, 401k, and other perks of this nature.
  • Evaluation of education and degrees: An RFE may be issued to individuals who have degrees from outside of the U.S. The USCIS may take an in-depth look at the institution or university abroad to see how it compares to the U.S. degree requirements.
  • Determination of a specialty occupation: In order for an H-1B visa to be approved, you must demonstrate qualification in a “specialty occupation”. However, to qualify as such, you must meet the minimum requirements, typically a bachelor’s degree or higher in a correlating field. For example, a Bachelor of Arts Degree may not be sufficient for a position as an accountant. Since these rulings are, to some degree, subjective, it’s best to consult an immigration attorney.
  • Financial documents from new businesses: RFE’s of this kind are typically issued to businesses or companies that are in operation for fewer than 3 years or who have not filed H-1B’s in the past. The point of this RFE is to ensure that the business is in good terms with the IRS and up-to-date on its documents.

Find out everything about H-1B Visa Transfer.

Five Tips for Handling an H1B Transfer RFE

If the necessary planning and precautions are taken ahead of time, it’s entirely possible to prevent an H-1B transfer RFE altogether. Take a look at these ten tips to avoid a request.

  1. In the beginning stages of an H-1B case, consult a professional immigration attorney because including irrelevant information can increase your chances of receiving an RFE in the first place. Also, you must respond to the RFE in the allotted time to have a chance at approval. Your attorney can help you determine whether or not premium processing is necessary to meet the deadline.
  2. Upon receiving the H-1B transfer RFE, read it carefully and in-depth. Merely skimming the request is likely to lead to misunderstandings or incomplete responses. For many new to the process, it may be difficult to understand the language used in the document. If that’s the case, don’t hesitate to contact your case’s legal representation.
  3. Respond to H-1B transfer RFE notices on time. It’s imperative to respond in a timely manner because there is no way to receive additional time as of this point. Consider the deadline set in stone to gather the appropriate paperwork and documents necessary to send out.
  4. Answer the RFE in its entirety. This type of request is not supposed to be answered part by part. The USCIS does not send a second H-1B transfer RFE if you neglect to answer a portion of their first request so make sure it’s complete the first time around. If not, expect a denial.
  5. Be concise in your answers. Answer the points in brief, concise sentences but still make it clear.

Other Methods for Responding

  • We can’t overemphasize the benefits of working with an immigration lawyer to answer an RFE. Denial is a serious matter that is much harder to work around so rather than cutting corners the first time, enlist the help of a certified H-1B attorney. 
  • Another minor mistake that applicants make is not putting the colored paper (RFE) above all of the documentation relating to your answers. It’s a small detail but plays a significant role.
  • Send your H-1B transfer RFE to the proper address.
  • Address all answers in a polite and professional manner. You won’t get far by attacking the USCIS in your responses, which happens more often than you might think.

Is There a Way to Avoid Receiving an H-1B Transfer RFE?

It is within the right of USCIS to decide whether a petition requires an RFE or not. However, you can significantly reduce the chances of receiving an RFE by doing your due diligence. For many reasons, each petitioner and beneficiary should work together to guide against an RFE. This is because, apart from being a potential delay in your petition’s processing time, you only have one chance to respond to it, which could correspond to a higher possibility for the denial of the petition.

Based on the details of the latest USCIS June 2020 memorandum on H-1B, the agency seems to be focusing on subcontracting jobs and some other occupations that may not directly show a qualifying employer-employee relationship in line with H-1B regulations. 

One of the most significant elements is the requirement to demonstrate that the petitioning employer has the right to control the employee’s job duties. In other words, the employer must show that he or she is the one in a position to hire, pay, fire, and supervise the employee’s work for the duration that the H-1B petition will remain valid. 

So, if the H-1B employee is going to be working on end client worksites, the petition should be detailed enough to demonstrate that the employee’s off-site duties are still controlled by the employer. Understanding this, petitioners can reduce the probability of receiving an RFE by doing the following:

Provide Enough Supporting Documents to Demonstrate a Qualifying Employer-Employee Relationship

You should ensure that the H-1B petition is submitted along with all the necessary supporting evidence. The H-1B LCA, a copy of the written contracts between the employer and the employee, and all other relevant H-1B transfer documents must be included in the initial petition. 

In the absence of a written contract, you should provide a summary of the terms of the oral agreements between the two of you. These are the crucial documents that will help the adjudicating officer determine whether or not there is a qualifying employer-employee relationship.

Provide Day-to-Day Assignments in Non-Speculative Petitions

In the case of non-speculative specialty occupation work, you should include the specific employee’s day-to-day assignment in the petition. While this is not part of the compulsory requirements, having it included can help boost your chances of approval and reduce the risk of receiving an RFE.

Establish a Bona Fide Job Offer

As an H-1B petitioning employer, the burden of proof is on you to establish that the job is available at the time of filing the petition and that you will employ the beneficiary in the specialty occupation. In fact, you must attest to this under penalty of perjury. If your attestation and supporting evidence meet this standard, then you shouldn’t have to expect an RFE. 

Understanding USCIS Stance Against Benching

The latest USCIS memorandum also clarifies that an approved H-1B petition can be revoked if the petitioner and/or beneficiary are found to have violated the conditions for which it was approved. And one of the specific factors for this is “benching” which is prohibited by law for two major reasons. The first reason is to prevent foreign workers from being subjected to unfair treatment by employers. The second reason is for the protection of job opportunities and wages of U.S. workers.

If you are approved for an H-1B petition, the failure to abide by the terms and conditions of the approved petition may be seen as “no longer employed in the capacity specified in the petition.” This can cause USCIS to issue a Notice of Intent to Deny (NOID) or Notice of Intent to Revoke (NOIR).

Some of the factors that could result in a NOID or NOIR include being placed in nonproductive status or training for an extended period. Staying in a nonproductive status for a long period of time may be deemed as not being in a specialty occupation any longer and could suggest there has been a material change to the terms of employment that may affect your H-1B eligibility.

However, there are a few exceptions to this rule. For instance, if an employee is in a nonproductive status at a period that is not subject to payment under the employer’s benefit plan and other statuses like the Americans with Disabilities Act or the Family and Medical Leave Act. In such cases, certain considerations may apply.

H-1B RFE Issuance Rate 2020

The H-1B RFE rate has been fluctuating in the past few years. In 2020, the figure was 28.8%. In 2021, the figure was 16.2%. Though these are relatively lower compared to FY 2019, which stood at 40.2%, in comparison with the recent years, the figures are still considerably high. In FY 2015, it was 22.3%, 20.8% in FY 2016, in 21.4% in FY 2017, and 38% in FY 2018. On a positive note, however, the H-1B approval rate in 2021 was the highest it has ever been in the last decade, at 86.5%.

The data chart below shows the recent rate of H-1B denial as well as approval and includes those initially approved and those approved after RFE, as well as those approved after RFE.

FY Initially Approved Initially Denied RFE Issued Approval after RFE
2021 97.3% 2.7% 16.2% 86.5%
2020 91.4% 8.6% 28.8% 73.4%
2019 84.8% 15.2% 40.2% 65.4%
2018 84.5% 15.2% 38% 65.4%
2017 92.6% 7.4% 21.4% 73.6%
2016 93.9% 6.1% 20.8% 78.9%
2015 95.17% 4.3% 22.3% 83.2%

Source: USCIS I-129 Petition Case Status Fiscal Year 2015 to 2021.

H-1B Transfer RFE Frequently Asked Questions

How long after I send my H-1B transfer RFE response will I receive a decision from USCIS?

Since the answer to this ranges from case to case, we cannot specify a time period. However, allow up to 60 days for a response. After that time, you can contact the National Customer Service Center to request service. Your immigration attorney should also be staying current with your case and any developments regarding your status.

What is the difference between an RFE and NOID?

Unlike a NOID (notice of intent to deny), an RFE is merely a request from the USCIS seeking further explanation/ clarification for your case–it’s not immediate dismissal.

How long do I have to file a response?

The letter you receive from the USCIS accompanying the RFE should state the amount of time you have to respond. In general, it ranges anywhere from thirty to eighty-four days, although it may be more or less. As previously mentioned, be sure to submit a response before the deadline.

Can a beneficiary respond to an RFE?

An H-1B petition beneficiary (the employee) cannot directly respond to an RFE. It is the responsibility of the petitioner (the employer) to respond to the RFE. There is no provision for an H-1B worker to sign on the petition. When an RFE is issued, it is sent directly to the petitioner, not the employee. As an employee, however, you can be aware of the RFE by following your petition cases status via the USCIS Case Status Online webpage. With that, you can motivate the petitioning employer to respond on time.

How Our H-1B Attorneys Can Help

Navigating the treacherous waters of immigration law to get a visa can be difficult enough on your own. When a wrench is thrown into your plan, like an RFE, you run the serious risk of accidentally sabotaging your own efforts. Just like you would hire an expert to handle your other investments, consider retaining an immigration attorney to protect your visa case.

At our firm, we specialize in employment-based immigration, and our H-1B attorneys have handled countless transfer RFEs in the past. Just look at some of our H-1B RFE success stories. To get in touch with a Visa Nation Law Group lawyer, you can fill out this contact form and schedule your consultation with our office today.

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EMPLOYMENT VISAS

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A nonimmigrant in a Specialty Occupation

H-1B Visa

Eligibility

People who want to work in a specialty occupation in the United States are given H-1B employment visas. The employment tasks, standards, and categorization of the planned post by the Department of Labor all play a role in determining whether a position qualifies as a “specialty profession.” The primary criterion is that to be eligible for an H-1B visa, an applicant must have earned at least a U.S. bachelor’s degree, which is the equivalent of a four-year bachelor’s degree or higher from an authorized institution or university.
A total of 65,000 H-1B visas are available each year, and an extra 20,000 visas are available for those with advanced degrees who obtained their degrees in the US.
Due to the yearly quota, there have been more applications in recent years than there are visas available, hence the government now uses a “Lottery” procedure to distribute the available visas. The only people whose cases are handled are those who “win” the lottery. Others are turned away, although they are invited to reapply the following year.
H-1B petitions may only be filed once a year on April 1. The employment begins on October 1st of the same year after approval.
H-1B green visa
Requirements
The USCIS demands written documentation that outlines the goals, duties, and requirements of the specialty profession. They also ask for the applicant’s academic and professional background. These papers ought to contain:
  • A bachelor’s degree, minimum, or an equivalent;
  • A detailed description of work responsibilities relevant to the employer’s industry; and
  • A description of the employer’s line of work.
  • There are precise requirements that both the company and the employee must follow to qualify for an H-1B visa.
By meeting at least one of the following requirements, an employer must demonstrate that the position is in reality a specialized occupation:
  • Typically, the role requires a bachelor’s degree or its equivalent, or a higher degree;
  • The industry generally calls for a bachelor’s degree or above;
  • For this position, the employer typically demands this amount of education;
  • A bachelor’s degree or above is typically connected with the acquisition of the abilities and knowledge necessary to carry out the precise, specialized tasks of the employment
The employee must demonstrate that he or she has the education, training, or “progressively responsible experience” that is considered to be equivalent to earning a bachelor’s degree, as required by the specialty occupation, or that he or she has a foreign degree that is equivalent to a U.S. bachelor’s degree or higher.
Unless they have applied for and been granted an H-1B “Concurrent Petition,” which would allow them to work simultaneously for another employer, H-1B visa holders are required to work only for the employer that filed the petition.

Validity / Extensions

The H-1B visa permits entry into the United States for up to three years, with a potential extension of another three years.
Please note that any day spent outside of America will not be included in the validity period. As a result, if you spent any time outside the US during the six years that the H-1B visa was valid, you may utilize those times to extend the validity of your visa past the six-year mark.
H-1B visas may only be renewed for an additional six years if:
  • An approved I-140 petition benefits the H-1B employee;
  • The H-1B worker is the beneficiary of an I-140 or PERM petition that was submitted more than a year ago;
  • The H-1B worker is reclaiming time spent outside of the US for the previous six years while in H-1B status.

Family Members

Under the category of H-4 visa holders, spouses & unmarried children up to the age of 21 may enter the country. Holders with H-4 visas cannot lawfully work unless they qualify for specific exclusions.

Jurisdiction

H-1B visas are handled directly by USCIS.

Since an H-1B only entitles the bearer to nonimmigrant status, they must declare during the duration of their stay that they intend to leave the country and/or return home when their status expires.

Keep in mind that every instance is different. Please make an appointment with one of our immigration lawyers to determine if you are eligible for this visa.

Nonimmigrant Intracompany Transferee Specialized Knowledge

L-1B Visa

Eligibility

L-1B visas are awarded to those who have been offered an executive or managerial job at the American affiliate, subsidiary, or parent firm of their current foreign employer and who wish to migrate to work in such a position in the United States. Given the visa holder’s particular knowledge, the post must be for a role tailored specifically to him or her.
With the aid of an L-1B visa, a foreign business that does not yet have a presence in the country can move a worker with specialized expertise here to open an office there.
Requirements and/or Materials:

Documentation & written explanations of the type, extent, and activity of the foreign entity and the American entity, as well as the relationship that qualifies as the post being offered, are required by the USCIS. These papers ought to contain:

  • Evidence that the foreign company is operating overseas and that the specialist function is required;
  • Evidence that the employee held an executive or management role at the foreign company for at least one year over the previous three years; and
  • There is proof that the job description for the United States calls for a person with a specialised understanding of the company’s goods, services, research, technology, management, and other similar areas, as well as their use on the global market, or with sophisticated knowledge of its workings.

The foreign entity and the American entity must have a qualifying connection. If not, the candidate is not qualified for the job and the American company cannot afford to fund the proposed position.

Validity / Extensions

A one-year visa is typically granted to someone coming to the US to open a new office for a foreign corporation. All other workers who enter the country on an L-1B visa typically have a three-year stay allowed.
Up to a maximum of five years, an employee’s stay may be extended in increments of no more than two years.

Family Members

The L-1 holder’s spouse or unmarried children under the age of 21 may travel with or behind him or her. The family members may apply for L-2 non-immigrant classification and will often be given the same amount of time to remain as the L-1 holder.
L-1 visa holders’ spouses are eligible to request work authorization. The place of employment for an L-2 spouse is not constrained.

L-1 visas are handled directly by USCIS.

Since an L-1 visa only confers nonimmigrant status, its holder must declare during the duration of their stay that they intend to leave the country and/or return home when their status expires.

Keep in mind that every instance is different. Please make an appointment with one of our immigration lawyers to determine if you are eligible for this visa.

Nonimmigrant Intracompany Transferee Executive or Manager

L-1A Visas

Eligibility

L-1A visas are given to those who desire to work as executives or managers in the United States and have been offered such a job at the parent, subsidiary, or affiliate corporation in the United States of their foreign place of employment.

With the aid of an L-1A visa, a foreign business that does not already have a presence in the country can move an executive or manager here to open a branch there.

Requirements and/or Materials:

USCIS will demand written documents and explanations of the type, extent, and activity of the foreign entity and the American entity, the relationship that qualifies as the relationship between the two, and the qualification of the proposed post. These papers ought to contain:

  • Evidence demonstrating the nature, extent, and activities of the foreign entity and the American entity;
  • Evidence that the employee held an executive or management role at the foreign company for at least one year over the previous three years; and
  • There is proof that the United States will have an executive or management post.

The foreign entity and the American entity must have a qualifying connection. If not, the candidate is not qualified for the job and the American company cannot afford to fund the proposed position.

Validity / Extensions

A one-year visa is typically granted to those coming to the country to open a new office for their overseas employer. All other workers who enter the country on an L-1A visa typically have a three-year stay allowed. The L-1A visa allows for a maximum stay of seven years, which can be extended with USCIS approval in increments of two years.

Family Members

The L-1 holder’s spouse and unmarried children under the age of 21 may travel with or behind him or her. The family members may apply for L-2 non-immigrant classification and will often be given the same amount of time to remain as the L-1 holder.

L-1 visa holders’ spouses are eligible to request work authorization. The place of employment for an L-2 spouse is not constrained.

Jurisdiction

L-1 visas are handled directly by USCIS.

Since an L-1 visa only confers nonimmigrant status, its holder must declare during the duration of their stay that they intend to leave the country and/or return home when their status expires.

Keep in mind that every instance is different. Please make an appointment with one of our immigration lawyers to determine if you are eligible for this visa.

Nonimmigrant Temporary Religious Workers

R-1 Visa

Eligibility

R-1 visas are given to anyone who enters the country temporarily to work at least 20 hours per week as a minister or in another religious profession. Religious occupations call for routine participation in important religious activities. This includes cantors, missionaries, liturgical workers, religious educators, and a host of other professions.

A non-profit religious organization, a tax-exempt religious organization, or a non-profit religious organization connected to a U.S. religious denomination may employ qualifying people. Religious denominations are a group that is united by an ecclesiastical governing or administrative body and whose members share a common place of worship, form of worship, or set of beliefs for immigration reasons.

Requirements and/or Materials:

The USCIS will demand written documents and explanations of the non-profit organization’s work as well as the precise responsibilities and working hours of the R-1 job. These papers ought to contain:

  • A record of the non-profit’s operations and proof of its legal non-profit status;
  • Proof that the candidate meets the requirements for the post;
  • Evidence showing the applicant was associated with the nonprofit organization for at least two years before applying for the visa;
  • Evidence that the applicant is traveling to the United States just to practice their religion; and
  • Evidence demonstrating either the applicant’s ability to maintain himself or herself in the United States or the organization’s capacity to do so

The applicant must be principally engaged in a religious vocation, the organization must be a religious non-profit organization, and the applicant must have worked in a religious vocation for two years before completing the application.

Existence / Extensions

R-1 visa holders are admitted for a period of 30 months, and with the USCIS’s permission, that period may be increased by up to 30 months. The R-1 cannot be renewed after a total of 60 months or 5 years. Although there are few exceptions to this regulation that provide a further extension, generally speaking, an R-1 visa allows for a 5-year stay.

Family Members

The R-1 holder’s spouse and unmarried children under the age of 21 may travel with or behind him or her. The family members may apply for non-immigrant status as R-2, and they will often be given the same amount of time to remain as the R-1 holder.
R-1 visa holders’ spouses are not permitted to work in the country.

Jurisdiction

The USCIS processes R-1 visas directly.

Since an R-1 only confers a nonimmigrant status, the holder of an R-1 must declare during the duration of their stay that they intend to leave the United States and/or return to their home country when their status expires. Given that the R-1 visa has dual purposes, USCIS is not permitted to reject a nonimmigrant petition, application for initial admission, change of status, or extension of stay in the R classification based on a permanent labor certification application that has been submitted or approved or a petition for an immigrant visa that has been submitted or approved.

Keep in mind that every instance is different. Please make an appointment with one of our immigration lawyers to determine if you are eligible for this visa.

Non-Immigrant Certain Specialty Occupation Professionals from Australia

E-3 Visas

Eligibility

Only Australian citizens may be classified as E-3. You must be traveling here just to engage in services related to a specialty vocation. For admittance into the specialist occupation in the United States, you must have at least a bachelor’s degree, or its equivalent, and be able to apply a body of information you learned in professional subjects both theoretically and practically.
As a result of the Australia-United States Free Trade Agreement, the E-3 visa was established in 2005.
Between 2,000 and 3,000 E-3 visas have been awarded by US Consulates since the status’s introduction.
Requirements and/or Materials:
You must be an Australian national, have a valid job offer in the US, have at least a bachelor’s degree or the equivalent, and be (temporary) migrating to the US to work in a specialty occupation to qualify for E-3 status.
To qualify for E-3 status, you must be able to demonstrate:
  • An H-1B application’s Labor Condition Application (LCA) cannot be the same as the one utilized previously. Use the normal ETA-9035 and request that it be marked as an E-3 LCA until the Department of Labor creates a new LCA for an E-3.
  • Academic or other credentials proving suitability for the job
  • A job offer letter or other official correspondence from the employer confirming your employment in a specialty occupation and your compensation at the higher of the actual or prevailing rate
  • You must receive the relevant license or other government approval to practice in the specialty occupation before you may begin work there, if necessary.

Existence / Extensions

A person with an E-3 visa is admitted for a 2-year initial stay. Extensions can be made for up to two-year increments. Except under exceptional circumstances, there is no cap on the number of extensions permitted.

Family Members

The same E-3 status is granted to your spouse and any minor children who are not married. Your spouse is qualified for employment. It is forbidden for kids to work.

Jurisdiction

E-3s are handled by the USCIS directly. While USCIS guidelines state that applications for E classification, including extensions, cannot be denied based on a filed or approved immigrant visa petition or a permanent labor certification application, E-3 holders must still maintain an intention to leave the country when their authorized E-3 stay expires.

Keep in mind that every instance is different. Please make an appointment with one of our immigration lawyers to determine if you are eligible for this visa.

Non-Immigrant NAFTA Professionals

TN Visa

Eligibility

The United States, Canada, and Mexico now have unique economic and commercial ties because of the North American Free Trade Agreement (NAFTA). The TN nonimmigrant classification enables eligible nationals of Canada and Mexico to apply for temporary entrance into the US to participate in professional business activities.

Accountants, engineers, attorneys, pharmacists, scientists, and teachers are among the professionals that are qualified to apply for entry as TN non-immigrants. TN non-immigrant status may be available to you if:

  • You were born in Mexico or Canada;
  • Your line of work meets the requirements;
  • A NAFTA specialist is required for the post in the United States;
  • You are qualified to work in the relevant field, and you have a prearranged full-time or part-time position with a U.S. company (but not self-employment – see proof needed below).
Materials and/or Requirements:

You do not need to submit an application for a TN visa at a U.S. consulate if you are a citizen of Canada.

By providing the necessary papers to a U.S. Customs and Border Protection officer at specific CBP-marked U.S. ports of entry or a designated pre-flight inspection station, you can prove your eligibility for TN classification at the time you apply for entrance to the country. The following papers have to be shown to the CBP officer:

  • Evidence of Canadian nationality;
  • A letter from your potential employer outlining your professional role in the United States, the reason for your employment, the length of your stay, and your educational background; and
  • review of credentials (which is not usually required), in addition to costs.

As an alternative, a potential TN employer may decide to petition USCIS on behalf of a Canadian citizen who is outside the country. In such a situation, you will simply need to provide the approved petition and documentation of your Canadian citizenship at the border.

If you are a citizen of Mexico, you must get a visa to visit the country as a TN nonimmigrant. You will immediately apply for a TN visa at a U.S. embassy or consulate in Mexico (with the aid of our immigration attorneys).

Validity / Extensions

The initial stay may last up to three years. Your employer must submit a petition on your behalf to request an extension.

Family Members

The spouse does not require a visa if they are Canadian citizens. To join your spouse who has a TN visa, the spouse must apply for a TD visa if they are a native of Mexico. Children and spouses are not allowed to work, although they are allowed to attend school.

Jurisdiction

At the border or an airport, Canadians can apply for TN status. Additionally, through their employment, a petition may be submitted to USCIS. The embassy or consulate must receive a visa application from a citizen of Mexico.

Keep in mind that every instance is different. Please make an appointment with one of our immigration lawyers to determine if you are eligible for this visa.

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