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TN Nafta: Professionals Temporary Work Visa For Canadian and Mexican Citizens

The TN visa category facilitates the temporary entry of Canadian and Mexican citizens into the United States for professional business activities, established under the North American Free Trade Agreement (NAFTA). Here’s a detailed overview of the TN visa, including eligibility, application process, and family provisions:

The TN visa allows qualified Canadian and Mexican citizens to work in the U.S. in certain professional occupations listed in NAFTA's Appendix 1603.D.1. The TN visa is designed for temporary employment and is part of the trade and economic relationship among the U.S., Canada, and Mexico.

Qualifications for TN Visa


1. Citizenship:

  • The applicant must be a citizen of Canada or Mexico.

2. Qualifying Profession:

  • The applicant must be engaged in a profession that is specifically listed in NAFTA's Appendix 1603.D.1. This includes a range of professions such as engineers, scientists, teachers, and accountants.

3. Professional Credentials:

  • The applicant must possess the necessary qualifications for the listed profession. This typically includes relevant educational degrees and/or professional licenses.

4. U.S. Position Requirements

  • The job offered in the U.S. must require a NAFTA professional. The position should align with the specific job duties and qualifications outlined in NAFTA.

5. Employment:

  • The applicant must have a prearranged job with a U.S. employer. Self-employment is not eligible under the TN visa category.

TN Visa Period of Stay


- Initial Duration:

  • The TN visa is initially granted for up to three years.

Extension:

  • To extend the stay beyond the initial period, the U.S. employer must file Form I-129, Petition for Nonimmigrant Worker, with USCIS. There is no maximum limit on the total duration of stay, as long as the employment remains temporary and the TN status is maintained properly.

TN Family Visas (TD Status)


- Dependents:

  • Spouses and children under 21 years old of TN visa holders can accompany or join the TN principal under TD (Trade Dependent) status.

- Work and Study:

  • TD dependents are not authorized to work in the U.S. but can attend school.

- Visa Requirements:

  • TD dependents do not need to be Canadian or Mexican citizens. They must apply for TD status, and should contact the American Embassy or Consulate for visa information if residing outside Canada or Mexico.

Application Process


For Canadian Citizens:


- Port of Entry:

  • Canadian citizens can present the necessary documentation directly at a U.S. Port of Entry (POE) or pre-clearance station to request TN admission. There is no need to apply for a visa at a U.S. Consulate/Embassy or file a petition with USCIS.

- Documentation:

  • Required documentation includes proof of Canadian citizenship, a detailed job offer letter from the U.S. employer, and evidence of qualifications.

- Visa Necessity:

  • If a Canadian NAFTA professional resides in another country with a non-Canadian spouse and/or child, a visa is required to allow the family to apply for TD visas.

For Mexican Citizens:


- Consular Visa:

  • Mexican citizens must apply for a TN visa at a U.S. Consulate or Embassy in Mexico. Although they do not need to file a petition with USCIS, they must obtain the visa before traveling to the U.S.

- Documentation:

  • Documentation includes proof of Mexican citizenship, a job offer letter from the U.S. employer, evidence of qualifications, and any additional documentation required by the U.S. Consulate.

The TN visa facilitates temporary professional employment for Canadian and Mexican citizens in the U.S. with no annual limit on admissions. Canadian citizens can process their TN status directly at a U.S. Port of Entry, while Mexican citizens must obtain a visa through a U.S. Consulate. Dependents of TN visa holders can accompany them under TD status but cannot work in the U.S.