The TN nonimmigrant visa classification is part of the North American Free Trade Agreement (NAFTA), designed to create a special economic and trade relationship between the United States, Canada, and Mexico. This visa allows eligible professionals from Canada and Mexico to temporarily enter the U.S. for business activities at a professional level. The TN classification supports a wide range of professionals, including but not limited to accountants, engineers, lawyers, pharmacists, scientists, and teachers.

Who 2is Eligible for the TN Visa?

To qualify for a TN visa, applicants must meet the following criteria:

1. Citizenship: Must be a citizen of Canada or Mexico.
2. Profession: The profession must be listed under the NAFTA regulations.
3. Job Requirement: The position in the U.S. must require a NAFTA professional.
4. Prearranged Employment: A full-time or part-time job with a U.S. employer must be in place (self-employment is not permitted).
5. Qualifications: Applicants must have the credentials required to practice their profession in the U.S.

Eligibility Criteria for Canadian and Mexican Citizens

1. Canadian Citizens

Unlike Mexican citizens, Canadian citizens generally do not need a visa to enter the U.S. as nonimmigrants. For TN classification, Canadian citizens can present their eligibility documentation directly to a U.S. Customs and Border Protection (CBP) officer at designated U.S. ports of entry or pre-clearance inspection stations. Required documents include:

• Proof of Canadian citizenship
• Employer’s letter detailing the job, professional capacity, duration of employment, and qualifications.
• Credentials evaluation, if applicable.

If a CBP officer finds the applicant eligible, they are granted entry as a TN nonimmigrant. Alternatively, Canadian employers can file Form I-129, Petition for Nonimmigrant Worker, on behalf of the applicant. Once approved by USCIS, the Canadian professional can apply for admission at a U.S. port of entry.

2. Mexican Citizens

Mexican citizens must apply for a TN visa at a U.S. embassy or consulate in Mexico. After obtaining the TN visa, they can proceed to a CBP-designated port of entry for admission. Required documents include:

• TN visa from a U.S. embassy or consulate
• Proof of employment and qualifications, similar to those required for Canadian applicants.

Once approved, Mexican citizens are granted TN status to work in the U.S. as professional employees.

TN Visa Duration and Extension

1. Initial Period of Stay

The initial period of stay for TN professionals is up to three years. However, the stay can be extended as long as the professional continues to meet the criteria. If applicants wish to extend their stay without leaving the U.S., their employers must file Form I-129 on their behalf. If they choose to leave the U.S. before the initial period expires, they can reapply for TN status upon re-entry using the same documentation as the initial application.

2. Extension Process

When extending the TN visa, applicants must ensure that they still meet all eligibility criteria. They may apply for extensions within the U.S., but their family members in TD status must also extend their stay concurrently. Mexican dependents may need to apply for a new TD visa if their previous one has expired, requiring a visit to a U.S. consulate before re-entry.

Dependents of TN Nonimmigrants: TD Status

Dependents of TN professionals, including spouses and children under 21 years of age, are eligible for TD (Trade Dependent) nonimmigrant status. Key points about TD status include:

• Employment: TD holders cannot work in the U.S. but are allowed to study.
• Duration: TD status is granted for the same period as the TN professional’s stay.
• Visa Requirements:
  • Canadian citizens do not require a visa to enter the U.S. in TD status.
  • Mexican dependents must apply for a TD visa at a U.S. embassy or consulate.

Application for TD Status

When applying for TD status, dependents must provide:

• Proof of relationship to the TN professional (e.g., marriage or birth certificates).
• Evidence that the TN professional maintains their nonimmigrant status.

Application Process for TN Visa

The TN visa application process varies slightly between Canadian and Mexican citizens:

1. Canadian Citizens:
   • Apply at a U.S. port of entry by presenting the required documents to a CBP officer.
   • Alternatively, have the employer file Form I-129 with USCIS, then seek admission at a U.S. port of entry upon approval.
2. Mexican Citizens:
   • Apply for a TN visa at a U.S. embassy or consulate in Mexico.
   • Present the TN visa at a U.S. port of entry along with supporting documentation.

Advantages of the TN Visa

The TN visa offers several benefits, including:

• No annual cap on the number of visas, making it more accessible than other U.S. work visas.
• Quick processing times at U.S. ports of entry for Canadian citizens.
• Potential for long-term employment through unlimited extensions, provided eligibility criteria are met.

Frequently Asked Questions (FAQs)

1. Can TN visa holders apply for a green card?
   • Yes, TN visa holders can apply for a green card, but they must be cautious to maintain nonimmigrant intent during the TN application process.
2. Can TN visa holders change employers?
   • Yes, TN professionals can change employers, but they must obtain a new TN status with the new employer before starting work.
3. How long does it take to get a TN visa?
   • Canadian applicants can receive TN status on the same day of application at a port of entry, while Mexican citizens may face a longer process due to visa requirements.

Conclusion

The TN visa, created under NAFTA, provides an efficient pathway for Canadian and Mexican professionals to work temporarily in the United States. While it offers a fast-track entry process and flexible extensions, applicants must ensure compliance with all eligibility requirements. Whether for accountants, engineers, or educators, the TN visa supports economic integration and professional collaboration across North America.