Need to obtain TN Visas for nurses? The TN visa has been instrumental in facilitating the legal entry of Mexican and Canadian professionals into the United States. TN visas are now governed by the United States-Mexico-Canada Agreement (USMCA), which replaced NAFTA on July 1, 2020. The TN visa is especially instrumental in fulfilling the shortage of nurses in American healthcare facilities and in providing meaningful employment opportunities for Mexican and Canadian professionals. If you are a nurse from Mexico or Canada dreaming of working in the United States, then the TN visa might be your ticket to achieving that dream.
When navigating any immigration case, we recommend that you consult with an experienced immigration attorney. At Quan Law Group, we will carefully guide you through the essential requirements and steps for obtaining a TN visa as a nurse.
Qualifications and Education for TN Visas for Nurses
The first and foremost requirement for a TN visa as a nurse is to possess the necessary qualifications and education. To be eligible, you must have the following:
- A bachelor’s degree or higher in nursing, or a state/provincial license or authorization to practice as a registered nurse (RN) or licensed practical nurse/licensed vocational nurse (LPN/LVN);
- The completion of an English Language proficiency exam; and
- A nursing license issued by the state in which you intend to work in. To become a licensed registered nurse, one must graduate from an approved nursing program and pass the National Council Licensure Examination (NCLEX-RN).
Job Offers for Nurses
To secure a TN visa, you must have a bona fide job offer from a U.S. employer. The employer must be willing to employ you in a nursing position that aligns with your qualifications and licensure. Your job offer letter should outline the specific terms and conditions of your employment, including your salary, duties, and the duration of your employment.
USMCA Professions List
Nursing is one of the professions included in the USMCA (formerly NAFTA) Professions List. This list outlines the professions for which individuals from Mexico and Canada are eligible to apply for TN visas. Ensure that your nursing position falls within the scope of the list.
Citizenship and Residency
You must be a citizen of either Mexico or Canada to qualify for a TN visa. Permanent residents and individuals with dual citizenship are not eligible for the TN visa program. Additionally, you must intend to maintain your primary residence in your home country.
Application Process for TN Visas for Nurses
The TN visa application process involves several steps, including:
- Obtaining a job offer from a U.S. employer.
- Completing the DS-160 non-immigrant visa application form online.
- Paying the visa application fee.
- Scheduling an interview at the nearest U.S. embassy or consulate.
- Attending the visa interview with the required documents.
Documentation
The TN visa application process is different for Canadians and Mexicans. Canadian TNs can bring their applications to any Class A port-of-entry (usually pre-flight inspection at one of the major Canadian airports). The process for Mexican TNs involve several steps, including:
- Obtaining a job offer from a U.S. employer.
- Completing the DS-160 non-immigrant visa application form online.
- Paying the visa application fee.
- Scheduling an interview at the nearest U.S. embassy or consulate.
- Attending the visa interview with the required documents.
Length of Stay
TN visas are typically granted for an initial period of up to three years, but they can be extended indefinitely in three-year increments. It’s essential to maintain your status by adhering to the terms of your employment and renewing your visa when necessary.
Spouse and Children
Your spouse and unmarried, minor children may apply for TD (“Trade Dependent”) visas to accompany you to the United States or join you later. You must be able to prove your spousal or parent-child relationship and your ability to financially support your family in the United States. While holding the TD visa, recipients may attend school. However, they are not permitted to be employed within the United States. If a TD dependent wants to work in the U.S., he or she must independently seek a change of status to an employment-authorized nonimmigrant classification.
Conclusion
Securing a TN visa as a nurse from Mexico or Canada is a feasible path to fulfilling your American dream. By ensuring you meet the qualifications, have a legitimate job offer, and follow the proper application process, you can open the doors to a rewarding nursing career in the United States. Remember that immigration laws and regulations can change, so it’s advisable to consult with an immigration attorney or the U.S. Department of State for the most up-to-date information and guidance on the TN visa process. Feel free to schedule a consultation with one of our experienced attorneys by clicking on the Contact Us button below.
By Stephanie Diaz, Immigration Attorney at Quan Law Group