TN Visa for Lawyer
Under NAFTA (now USMCA), certain professionals from Mexico and Canada qualify for the TN visa, which makes it easy to enter the United States to work. Lawyers are among the 60+ professionals that qualify for the TN visa.
This article discusses the Lawyer TN Visa. Specifically, it’ll explain what qualifies a person for a Lawyer TN visa, how to apply for the visa, and more.
Eligibility Requirements for TN Visa Lawyers
Of course, not every lawyer qualifies for the TN visa. To qualify for this special visa, candidates must meet specific eligibility requirements. These include:
- Be a Canadian or Mexican citizen.
- Have a job offer from a U.S. employer for a qualifying legal position (the job title must be among those listed on the NAFTA Job List).
- Have the necessary qualifications for the NAFTA lawyer job.
- Obtain an employer letter from the U.S. employer which outlines the details of the job (such as job title, job duties, engagement duration, and remuneration).
- Intend to stay in the U.S. only temporarily (not more than 3 years).
Proof of Citizenship and Entry Documents
The TN visa was established by a free trade agreement between the U.S., Mexico, and Canada. One of the main aims of this trade agreement is to facilitate the movement of goods and professionals between the three member countries.
Since the TN visa comes from this trade agreement, it is not available to all nationals. It is only available to Mexicans and Canadians seeking to enter the United States. For this reason, individuals applying for the TN Visa Attorney category must show proof of Mexican or Canadian citizenship (such as a valid passport).
In addition to a valid passport, TN visa applicants must present other documents proving their eligibility, such as evidence of a U.S. job offer and credentials.
Educational and Licensing Requirements for Legal Professionals
To qualify for a TN visa under the Lawyer occupational category, an individual must have one of the following:
- Bachelor of Laws degree (L.L.B.)
- Juris Doctor degree (J.D.)
- Civil Law degree (L.L.L.)
- Bachelor of Civil Law degree (B.C.L.)
- Licenciatura degree (this must be obtained at least five years before TN visa application)
- Membership in a state or provincial bar
Importance of a Professionally Drafted TN Support Letter
The TN Support Letter (also called the TN Visa Employer Letter) is one of the most important documents in the TN visa application process. This letter explains to the Immigration Officer how an applicant and their U.S. job meet the qualifications for the TN visa.
Note that an employer’s job offer letter is not the same as a TN support letter. A TN support letter includes specific details that clearly address:
- The applicant’s occupation: This shows the Immigration Officers that the prospective occupation qualifies for the TN visa under NAFTA (now USMCA).
- Describe the applicant’s scope of work (specific job duties): This confirms to the Immigration Officers that the duties the individual will perform in the U.S. align with those generally performed by lawyers (as defined by the OOH).
- Describe the applicant’s qualifications: This shows the Immigration Officers that the applicant meets the educational and professional qualifications to work as a lawyer in the U.S.
- State the remuneration: This helps the Immigration Officer see that the job is legitimate and that it aligns with typical industry standards for the legal profession in the U.S.
- Emphasize the temporary nature of the employment. This shows that the job offer meets the non-immigrant intent of the TN visa. It confirms to the Immigration Officers that the individual is not just using the job as a front to permanently immigrate to the U.S.
The TN support letter can be the difference between successfully obtaining the TN visa and getting denied.
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Typical Job Roles and Responsibilities for TN Visa Lawyers
TN visa regulations do not specify the duties permissible under the TN visa Lawyer category. Immigration Officers usually use the U.S. Department of Labor Occupational Outlook Handbook (OOH) for guidance.
Examples of Permissible Legal Services for TN Visa Holders
According to the OOH, the generally accepted job duties of lawyers are:
- Advise and represent clients in legal proceedings and in other legal matters
- Communicate with clients, judges, and other parties involved in a case
- Conduct research and analyze legal issues
- Interpret laws, regulations, and rulings for individuals and businesses
- Present facts and findings that are relevant to a case on behalf of their clients
- Prepare and file lawsuits, appeals, contracts, and other legal documents
Scope of Practice for Lawyers on a TN Visa
A TN Lawyer can work on various cases. However, they cannot engage in activities outside the generally accepted duties of lawyers as defined by the OOH. For example, they cannot engage in administrative work or work that does not require legal expertise.
Lawyer job descriptions that include activities outside the generally accepted job duties of lawyers may be denied.
TN Visa Application Process for Lawyers
The application process for the TN Visa for Lawyers is the same as that for TN visas in other occupational categories.
- Canadian lawyers can apply in two ways – at a U.S. Port of Entry, or by filing Form I-129 with the USCIS.
- Mexican lawyers can apply in only one way – through the U.S. Embassy or Consulate in Mexico.
Applying at a U.S. Port of Entry (POE)
The Port of Entry (POE) application, which is available only to Canadians, is the most popular TN visa application route. This is because it is more affordable and offers immediate processing.
The Port of Entry application process involves gathering the necessary documentation, and presenting them to Border Inspection Officers at the Port of Entry when entering the U.S.
Ports of Entry for TN visa application include:
- A Canada-US border crossing when entering the U.S. by land.
- A pre-clearance center at a Canadian international airport (before boarding the plane to the U.S.).
- The customs and immigration center at a U.S. airport (after flying in from Canada).
When a TN applicant presents TN visa documentation to the Border Inspection or Consular Officers, they’ll review the documents, ask some interview questions, and make a decision on the spot. That is, the Immigration Officer will decide whether to approve the application or reject it, then and there.
Successful applicants will be issued an I-94 Arrival/Departure Record, which will serve as their TN visa documentation. Applicants who are denied must return to Canada.
Filing Form I-129 and the I-129 Free Trade Supplement with USCIS
Alternatively, Canadians can apply for TN status by filing Form I-129 (Petition for a Nonimmigrant Worker) with USCIS.
USCIS officers will review the TN application and either approve or deny it. This can take anywhere from three to six months.
If successful, the applicant will be issued an approval notice, and they can proceed to enter the U.S. However, they’ll still be interviewed by CBP Officers at the Port of Entry when entering the U.S. Upon admission, they’ll receive an I-94 Arrival/Departure Record, which will serve as their TN visa documentation.
Applying Through a U.S. Embassy or Consulate
Unlike Canadians, Mexican nationals must apply for a TN visa at a U.S. Embassy or Consulate. Mexicans seeking the Lawyer TN visa must complete Form DS-160 (Online Nonimmigrant Visa Application), gather their supporting documentation, and attend a scheduled in-person visa interview.
During the interview, a Consular officer will review the application, and either approve or deny it. If approved, the individual will receive a visa stamp in their Mexican passport. Then they can proceed with entering the U.S.
However, CBP officers may still interview them at the port of entry. Upon admission, they will be issued an I-94 Arrival/Departure Record, which will serve as their TN visa documentation.
Talk to an experienced immigration lawyer to help you with your case
Challenges with TN Visa Applications for Lawyers
Lawyers may face several challenges when applying for the TN visa. Common challenges have to do with qualifications, job duties, and job title specification.
Meeting Educational and Professional Credentials Specific to the U.S.
One of the biggest challenges candidates face is proving they qualify for the TN lawyer visa without a state license.
Proof of licensure is not a requirement for the Lawyer TN visa. However, all U.S. states make it illegal to engage in the practice of law without a license. For this reason, Immigration Officers may consider unlicensed lawyers unqualified. Thus, while licensing is not required to apply for the Lawyer TN visa, not having a US state license can lead to denials.
It is possible for unlicensed lawyers to obtain a TN visa. To achieve this, applicants must show that they’ll work under the guidance of one or more lawyers who have state licenses. Applicants can also refer the Immigration Officer to the new government rule, which clarifies that a state license is not a mandatory documentary requirement for entry into the U.S. under the TN visa.
Addressing Job Roles That May Fall Outside TN Visa Guidelines
Another common challenge is job description mismatch. Remember that the TN regulations require that the duties of a TN applicant’s U.S. job must align with the generally accepted duties of professionals in that job.
If there’s any mismatch (such as including activities outside the legal profession), Immigration Officers will argue that the job does not meet the TN Visa requirements for Lawyers, leading to a TN visa denial.
To overcome this challenge, prospective U.S. employers must ensure the job duties align with the generally accepted duties of lawyers.
Overcoming Job Title Specification Issues
Remember that only specific occupations are eligible for TN visas. For this reason, when an applicant’s job title is not explicitly listed in the NAFTA Job List, Immigration Officers may not consider it a qualifying job. This can be an issue for lawyers who specialize in certain areas, such as “Entertainment Lawyer” or “Sports Lawyer.”
Such specializations are not recognized as a TN category. Therefore, applicants should avoid including a specialization.
Applicants can overcome this challenge by simply demonstrating that their work is legal in nature under the general “Lawyer” classification.
Alternative Legal Job Titles That Qualify for TN Visa
However, please consider that it is not only the job title “Lawyer” that qualifies for a TN Visa. Several other legal job titles are eligible for a TN visa. These include:
- Corporate lawyer
- International trade lawyer
- Patent lawyer
- Immigration lawyer
Conclusion
While the TN visa is easier to obtain compared to other work-based visas (like the H-1B visa), applying is not without challenges. With proper documentation and expert guidance, you can obtain a TN visa and achieve your goals.
This is where TN Visa Expert comes in! TN Visa Expert is a leading TN Visa service that offers the expert guidance applicants need. We have helped thousands of applicants obtain and renew their TN Visas. Contact TN Visa Experts today to get closer to obtaining the Lawyer TN visa.
FAQ about TN Visa for Lawyers
Can I practice law in any U.S. state with a TN visa?
Unlicensed lawyers must show that they’ll work under the guidance of one or more lawyers who have state licenses. Otherwise, they must pass the bar exam and obtain a state license.
How long does the TN visa application process take?
The processing time depends on the method of application. Port of Entry applications are immediately adjudicated on the spot. When filing Form I-129 with USCIS it can take 3 – 6 months to receive a decision. Consular applications can receive interviews in a matter of months.
Can my spouse work in the U.S. while I’m on a TN visa?
Spouses of TN visa holders can relocate to the U.S. on the TD (Trade Dependent) visa. TD visa holders may attend school but are not permitted to work in the U.S. unless they obtain separate work authorization.
What’s the difference between TN and H-1B for lawyers?
The TN visa allows certain professionals from Canada and Mexico to work in the U.S. temporarily. The H-1B visa is for nationals from any country but applies only to individuals in “specialty occupations.” While the TN visa is relatively easy to obtain, the H-1B visa has a more restrictive application process, including rigorous employer sponsorship requirements and annual numerical quotas.
Can I apply for permanent residency while on a TN visa?
The TN visa does not allow for dual intent, meaning applicants cannot apply for permanent residency while on the visa. It is a non-immigrant visa that requires holders to return to their home country when it expires unless they transition to another visa category.
Author Jacob Sapochnick serves as the Managing Partner/CEO of a prominent law firm that focuses on immigration law. Boasting an extensive legal background spanning over a decade, he adeptly merges his enthusiasm for law with cutting-edge technology to aid clients worldwide in their journey to immigrate to the United States.