Applying for a TN Status can be really confusing to navigate, especially if it’s your first time or if your future US employer has never been through the process before.
Although it’s not mandatory to have a lawyer help with your TN visa paperwork, it could be beneficial to have one depending on your familiarity with the process and how straightforward your TN visa case is.
Our post aims to cover the various factors to consider when deciding whether you should partner with a lawyer for your TN visa application.
Overview
In short, you do not need a lawyer to successfully apply for a TN status but it could help.
Applicants might often choose to apply without a TN visa lawyer if their future US employer can’t pay for this extra legal support or if their TN visa case is very straight forward. On the other hand, working with a lawyer has several benefits, especially if your TN case is more nuanced or if your future US employer is a larger company that can afford to cover the costs.
Working with a lawyer
As expected, working with a legal expert specializing in immigration can be a big help as it can give you more peace of mind about your entire TN visa application process. Below are some of the main benefits of hiring a TN visa lawyer.
Pros of having a TN lawyer
1) Can help you identify the best TN category to apply under based on your experience and background
One of the main reasons you should hire an experienced TN visa lawyer is if your TN case is not very clear cut. What we mean by this is if your future job position, and/or background, education, and skills do not clearly fit within an existing TN category.
A good immigration lawyer can help provide guidance on which TN category might be best for you. If you’re looking to apply for a TN visa with a Marketing, Product Management or Management Consultant background, we have dedicated posts on those. Consider giving them a read – they could be a good starting point for providing some insights and inspire some questions you can ask a TN visa lawyer.
2) Can answer any specific questions you have
One of the biggest advantages of working with a legal professional for your TN application is that you’ll be able to ask them specific questions. Many forums exist nowadays where people share their most recent experiences and you’ll likely find most of the answers to your TN questions on there. However, there might be an obscure question you still want clarity on.
3) Can identify any potential legal issues you have
Your specific situation and the factors involved will ultimately determine what TN Visa category (if any) would be the best fit for you. Having a lawyer can help you avoid any obscure application faux-pas that can harm your changes of getting approved for the desired TN status.
Some common TN issues you’ll want to watch out for
- Falsifying or exaggerating your roles and responsibilities to increase your TN application success rate
- Not including important information such as your expected salary at the new job, your official position title, and much more in the TN support letter
- Having an employment start date that begins way too far into the future (Reminder that you can only enter the US on a new TN status up to 10 to14 days in advance of your start date).
4) Can give you peace of mind
If you don’t want to be involved with your entire TN visa application process, then working with a lawyer will be a no-brainer choice when deciding if you need a TN visa lawyer. As the experts, they should be able to draft the TN support letter you need and compile the other documents you’ll need.
One note of advice: You should definitely still read over all the TN materials at least once.
We’ve almost always found typos or errors in the TN packages various highly-rated immigration firms have prepared for us in the past. Some small details can easily fall through the cracks, so having a checklist to reference what must be in your TN package can save you time and improve your odds of a successful TN application. Remember – this is your TN application after all and you know yourself best.
Cons of having a TN lawyer
Now that we’ve discussed some of the major reasons you might want to have a lawyer work on your TN visa application for you, let’s also cover some reasons you might choose to apply without one.
1) Expensive
This is typically the biggest reason TN applicants or their future US employers might choose to not work with a TN visa lawyer. Although the cost of a TN visa lawyer varies, you can typically expect anywhere between $1500-$3500 USD when it comes to hiring an experienced law firm.
That’s definitely something to factor in with your future employer, as you decide whether you want and need a TN visa lawyer for your application.
If cost is a factor in your decision, online checklists and prep kits exist as a more cost-effective alternative. If you’re interested in exploring this option, MoveStateSide has a TN Prep Kit, and it includes useful information like:
- Document checklist on what to bring
- Expectations on the day of your TN application interview
- TN support letter templates for you to reference (all from successful and recent TN visa applications)
- Overall can save you time, as all the important information is aggregated into one TN guide
2) May offer advice and information you can also find online
Lots of online resources exist nowadays for most, if not all, of your TN visa needs. Questions around what documents you need, TN visa interview questions, and much more can be found with a simple Google search. Hopefully you’ll find some of the answers to your questions on our site, too!
Something else to consider is that one of the main things a lawyer helps with is drafting your TN support letter. Based on our own personal experiences going through several TN visa processes with lawyers, this was the biggest value a TN visa lawyer offered (especially if your TN case is more complex).
If you know your TN case is very straightforward, consider working with your future US employer to draft your own TN support letter. Definitely consider this factor, as you want to avoid the scenario where a TN lawyer ends up being less helpful than you anticipated.
Some good places we recommend starting with your TN research include:
- The USCIS site
- Forums like Reddit and Quora
- Blog articles
- Facebook groups/communities
Based on the information you do or don’t find online first, you should have a clearer idea of how straightforward or complicated your TN visa case might be.
3) Can slow down your TN application process
This might sound surprising, but we’ve actually heard stories of TN lawyers needing a couple of weeks to prepare all of your needed documents.
This could be from a multitude of reasons, with big ones being that their office is very busy with other immigration cases or if your TN application is a lower priority for them.
If, for whatever reason, you need to have all your TN documents ready by a certain date and that timeline is quickly approaching, we recommend emphasizing that to whichever law firm you choose to work with. Alternatively, you can also consider drafting your own company support letter if your TN case is more straight-forward.
When to work with a TN lawyer for your application
Overall, working with a qualified US Immigration Lawyer with your TN visa application has more pros than cons, especially if the cost is not an issue.
However, we strongly suggest hiring a TN lawyer if any of these situations apply to you:
- Your education and qualifications are not a clear match to a profession on the current TN Visa professions list
- You’ve been refused entry into the US or have unsuccessfully applied for a visa in the past
- You have a criminal background
- Your entire family is looking to relocate to the US with you
- You have or intend to have more than 1 employer
Conclusion
At the end of the day, whether you choose to work with a lawyer for your TN application will depend on:
- How involved you want to be with your own application and the entire process
- How familiar you are overall with the TN visa application process
- If your US employer can or is willing to cover the costs of a TN lawyer
- How willing or able you are to pay for your own TN visa lawyer (if your future company can’t)
- How straight forward your TN visa case is
- What your start date and overall employment timeline might look like
Regardless of if you decide to hire a lawyer for your TN visa application, it can be helpful to be extra prepared. Having access to some examples of successful recent TN visa applications and templates to reference for your own TN support letter can also give you extra peace of mind. We’ve compiled an easy to follow and up-to-date TN prep package with:
- A “must-have” checklist of important documents
- Information on what to expect
- Templates to reference for your TN support letter
If you’ve made it this far, thanks for reading and wishing you best of luck with your TN visa application!