TN visas provide opportunities for Canadian and Mexican citizens to come to the U.S. and temporarily engage in business activities at a professional level, such as scientists, lawyers, engineers, accountants, teachers, and pharmacists.
Requirements for TN
1. You are a citizen of Canada or Mexico;
2. Your profession qualifies under the regulations;
3. The position in the U.S. requires a NAFTA (North American Free Trade Agreement) professional;
4. You have a prearranged full-time or part-time job with a U.S. employer (self-employment is not permitted); and
5. You have the qualifications to practice in the profession.
Canadian Citizens
Canadian citizens are not required to apply for a TN visa at a U.S. Embassy/Consulate.
1. When you seek admission into the U.S. at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station, you can show that you are eligible for TN status, by presenting:
----- Proof of your Canadian citizenship;
----- Letter from your prospective employer stating in detail the purpose of your employment, the professional capacity in which you will be working, your length of stay, and your qualifications; and
----- Credentials evaluation (if applicable), together with any applicable fees.
2. Alternatively, if you are outside the U.S., your prospective employer can file a Form I-129, Petition for Non-immigrant Worker; once the petition is approved, you can apply to CBP for admission into the U.S. as a TN worker by presenting the following at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station:
----- Proof of your Canadian citizenship;
----- USCIS Approval Notice for the I-129 petition, and a copy of the entire I-129 petition package that was submitted to USCIS; and
----- Any applicable fees.
Mexican Citizens
Mexican citizens are required to apply for and obtain a TN visa before entering the U.S. as a TN worker. You have to apply for a TN visa directly at a U.S. Embassy/Consulate in Mexico. Once you obtain a TN visa, you can apply for admission at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station.
Dependents
Dependents (spouse and unmarried children under 21 years of age) of TN workers are entitled to TD visas/status. If the dependent are Canadian citizens, they are not required to apply for TD visas; the same admission process for Canadian TN workers applies to their Canadian dependents as well (of course, the dependents will have to present official documents to prove their family relationship to the princiapl TN worker). If the dependents are not citizens of Canada, they have to apply for and obtain TD visas at a U.S. Embassy/Consulate. TD dependents may study, but cannot engage in employment in the U.S.
Period of Stay
The initial period of stay can be up to 3 years. In order to extend your stay:
1. You can depart from the U.S. before your status expires, and then, once abroad, apply at a CBP-designated U.S. port of entry or at a designated pre-clearance/pre-flight inspection station using the same application and documentation procedures required at the time of your initial application for admission as a TN worker.
2. Or, if you want to remain in the U.S. beyond your initial period of stay without departing from the U.S., your employer can file a Form I-129 on your behalf to extend your stay.
