What is ‘Self Petition’ and why does it not apply to the TN?

Immigration in the United States involves various processes and categories, and understanding the differences between them is essential to avoid confusion.

A term that can cause doubts is “Self Petition”, especially when compared to the TN visa. “Self Petition” is a process in which the candidate files the application themselves without relying on an employer. This modality is common in categories such as EB-1A and EB-2 NIW, which recognize extraordinary abilities or national interests, waiving the job offer requirement.

The TN visa, on the other hand, is a non-immigrant visa created by NAFTA (now USMCA) intended for professionals in specific fields, requiring a job offer and employer sponsorship. Therefore, the TN does not allow self petition.

It is important to strictly follow US immigration laws and seek professional guidance or official sources, avoiding unfounded promises. In summary, while self petition applies to some visas, the TN depends on the employment relationship, making it vital to understand and respect the rules to avoid complications.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.