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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:

  1. the profession is on the NAFTA list.
  2. you possess the specific criteria for that profession
  3. the prospective position requires someone in that professional capacity, and
  4. 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:

  1. A request for "TN" status;
  2. A copy of your college degree and employment records which establish qualification for the prospective job;
  3. 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
  4. 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?

  1. First, your prospective employer must file a labor condition application;
  2. 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
  3. 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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