TN Visa
The TN visa is a nonimmigrant visa issued for professionals from Canada and Mexico
who are eligible under the North American Free Trade Agreement (NAFTA) which allows
them to work in the US. NAFTA creates a special economic and trade relationships between the US, Canada and Mexico.
Eligibility for TN Visa
- Applicant is a citizen of Canada or Mexico
- Profession is on the NAFTA Professional Job Series List
- Position in the U.S. requires a NAFTA professional
- Mexican or Canadian applicant is to work full-time or part-time job, for a U.S. employer. Self employment is not permitted
- Professional Canadian or Mexican citizen has the required qualifications
The requirements and procedures for applying TN status for citizens of Canada and Mexico are different.
Requirements for Canadian Citizens
A Canadian without a TN visa can apply at a U.S. port of entry with all of the following:
- Request for admission under TN status to Department of Homeland Security, Customs and Border Protection, U.S. immigration officer;
- Employment Letter - Evidence of professional employment.
- Proof of professional qualifications, such as transcripts of grades, licenses, certificates, degrees, and/or records of previous employment;
- Proof of ability to meet applicable license requirements;
- Proof of Canadian citizenship- Canadian citizens may present a passport, as visas are not required, or they may provide secondary evidence, such as a birth certificate. However, Canadian citizens traveling to the United States from outside the Western Hemisphere are required to present a valid passport at the port-of-entry;
- Fee of U.S. $50
Landed immigrants of Canada are not eligible to apply for TN status.
Employment Letter
The employer in the U.S. must provide to the applicant a Job offer Letter in the United States.
The job offer must indicate that the position requires professional capacity, consistent with the NAFTA.
The offer letter or the contract should also contain the following details
- Activity in which the applicant shall be engaged
- Purpose of entry
- Anticipated length of stay
- Educational qualifications or appropriate credentials demonstrating professional status
- Evidence of compliance with DHS regulations, and/or state laws and
- Arrangements for pay.
- Although not required, proof of licensure to practice a given profession in the
United States may be offered along with a job offer letter, or other documentation in
support of a TN application.
Duration of stay on TN Visa
The maximum period of admission into the U.S is one year. The US Citizenship and Immigration Services
(USCIS) grants extensions of stay in time amounts of one year. There is no limit on the number of years a
TN status holder can stay in the United States. However, the TN status is not for permanent residence.
Extension of Stay
For Canadian or Mexican citizens admitted as a NAFTA Professional may seek an extension of stay,
which may be granted up to one year, by:
- If the applicant is in the U.S., employer may file Form
I-129 Petition for Non-immigrant
Worker with the US Citizenship and Immigration Services’ (USCIS) Nebraska Service Center.
The procedure does not need the applicant leave the US to extend his/her stay; or
- Applicant may return to Canada and re-apply at a port of entry using the same
application and documentation procedures above as required for the initial entry and enter the US.
TN Visa Denials
If the consular officer should find it necessary to deny the issuance of a TN status,
the applicant may apply again if there is new evidence to overcome the basis for the refusal.
TN FAQ
I am a permanent resident of Canada; am I eligible to obtain TN status?
No. Only citizens of Mexico or Canada who works in a professional occupation are eligible to obtain TN status.
I am a Canadian Citizen, however, my family members are non-Canadian citizen; how can I bring my spouse
along with me to the US, if I apply for TN Visa?
You have to have approved TN Visa first and then you can bring your non-Canadian citizen spouse and
children on derivative TD Visa. Derivative TD is issued to TN status holder’s dependents in the US.
TN Visa Lawyers
Immigration Law Center, L.L.C.
TN Expert