TN
Visas
Professionals
Under NAFTA
TN Visas -
Professionals Under NAFTA
Definition of
a "TN" Visa
The TN visa
is a nonimmigrant visa for professionals who are eligible
under the North American Free Trade Agreement (NAFTA).
Eligibility
Requirements for a TN Visa
You are eligible
for this visa if you are a citizen of Mexico or Canada
who works in a professional occupation and:
- the profession is on the
NAFTA list.
- you possess the specific criteria
for that profession
- the prospective position requires
someone in that professional capacity, and
- you are going to work for
a U.S. employer.
NOTE: The Application
Requirements for Canadians and Mexicans are NOT
the same.
Benefits to
Family Members
Your spouse
and unmarried, minor children are entitled to accompany
you in derivative status, but they are unable to accept
employment in the United States. Derivative status
means that their visas will be dependent on your nonimmigrant
status. If you change your status, your family must
change their status. If you lose your status, your
family will also lose their status.
Citizens
of Canada
How can a "TN"
visa be obtained?
You must provide
the following at the port of entry:
- A request for "TN" status;
- A copy of your college degree
and employment records which establish qualification
for the prospective job;
- A letter from your prospective
U.S.-based employer offering you a job in the
United States that is included on the
professional job series (NAFTA list); and
- A fee of U.S. $50.00.
Canadian citizens
are not required to obtain a visa, but instead receive
"TN" status with the U.S. Citizenship and Immigration
Services (USCIS) at the port of entry. The "TN" status
will only be granted if the period of stay is temporary.
How can an application
for extension of temporary stay be made?
You have two
options. First, you may have your employer file the
appropriate USCIS Form at the closest USCIS office.
This option does not require leaving the U.S. Second,
you may return to Canada to re-apply at the port of
entry with the same documentation that is required
for an original application.
Citizens
of Mexico
How can a "TN"
visa be obtained?
- First, your prospective employer
must file a labor condition application;
- Then, your prospective employer
must file a Form I-129 (Petition for Non-Immigrant
Workers) with the U.S. Citizenship and Immigration
Services (USCIS); and
- After the petition has been
approved, you must apply for a nonimmigrant visa
at an US Embassy or Consulate in Mexico.
How can
an application for extension of temporary stay be
made?
You must have
your employer renew your
Labor certification and file another USCIS Form
I-129 with your regional USCIS office in order to
extend your stay.
Click on our
NAFTA Professional Job Series List for more information.
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