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The TN visa program has many requirements that need to be addressed in advance. These requirements are separate and apart from the recruitment and screening processes. Although there are no mandatory government filing timelines, and since we know it represents for both the US companies and applicants a significant investment of both time and money, we can process TN Visas in 2-4 weeks prior to the date you need the TN professional(s) to begin work. Manpower Innovation will make sure to evaluate your needs, identify qualified candidates, and prepare the necessary materials for the candidate(s) you decide to hire.
The exact process depends on whether your TN candidate is out-of-country or is currently working in the United States on another non-immigrant visa. For out-of-country applications, the TN candidate applies directly through the U.S. Consulate in Mexico. másTN assists with the DS-160 individual visa application and helps the TN candidate prepare for the consular interview process.
For in-country applications (i.e., current non-immigrant visa holders), másTN prepares and files a non-immigrant visa petition with U.S. Citizenship and Immigration Services (CIS). The petition extends the TN visa holder’s stay in the United States and/or substitutes you as the employer-of-record for that visa holder.
The TN program allows visa holders to remain in the U.S. for renewable periods of up to three years. In most cases, the government will renew the visa in one-year increments. There is no limit to the number of times the TN professional can renew the visa.
Unlike other non-immigrant visa programs, the TN program does not have a U.S. Department of Labor-mandated prevailing wage requirement. Accordingly, your offered compensation should reflect the level of skill and qualifications for the job.
Although offering an appropriate level of compensation is not only helpful in attracting qualified candidates, but also maximizes your chances of getting a TN visa candidate through the consular interview process. If your offered compensation is (or is perceived to be) below market rate, consular officers may determine that the job is not a bona fide professional opportunity and may reject the TN candidate(s). Manpower Innovation will provide wage survey data and other resources for helping you determine an appropriate range of compensation that is likely to pass consular scrutiny.
TN candidates must satisfy the minimum requirements in the job category for which they are applying. In most cases, that is a bachelor’s degree or equivalent. Some categories may include other requirements (e.g., professional certification or license, prior work experience, etc.). The U.S. Consulate will deny any candidates lacking appropriate credentials.
Keep in mind, however, that meeting the minimum requirements does not guarantee approval. Consular officers have substantial discretion and will conduct thorough interviews of all TN applicants. Candidates are evaluated on their knowledge of the job opportunity as well as their ability to articulate specific details about their skills, experience, and qualifications.
You should also note that candidates do not necessarily need to possess a bachelor’s degree in the job category’s specific discipline or field of study. Having a bachelor’s degree in a different discipline or field of study may suffice if the candidate is able to demonstrate competence and skills relevant for the job opportunity (e.g., through prior work experience). Generally, however, it is helpful for the consular interview process if the candidate’s educational credentials align with the job category.