TN Visas - NAFTA Treaty Professionals
The North American Free Trade Agreement (NAFTA) created special economic and trade relationships between the U.S., Canada, and Mexico. The non-immigrant NAFTA visa for professionals is referred to as a “TN visa” and allows citizens of Canada and Mexico to work in the U.S. in specific professional occupations. The TN visa is valid for one year at a time with extensions permitted in additional one year increments with no defined maximum number of extensions.
Although the TN visa may be extended indefinitely, it is intended for temporary employment, and thus, dual intent (the intention to apply for an immigrant visa) is not permitted on TN status. A TN visa may be renewed indefinitely either by a mailed-in renewal application within the U.S., or by returning to the border and presenting an in-person application at the port of entry.
To qualify as a professional under NAFTA you must meet the following basic requirements:
- You must be a Canadian or Mexican citizen
- The business activity or occupation you intend to engage in is one of the approved professions listed on the USCIS published approved occupations list
- You have been offered a job by a U.S. employer
- The job offered is temporary in nature and specifies a completion date
Acceptable TN Occupations
USCIS has provided a large and exhaustive list of occupations that are applicable for TN candidates. The list includes various types of professional designations including medical professionals, scientists, and teachers. Some of the more common occupations on the TN occupations list are: architect, computer systems analyst, librarian, dentist, physical therapist, medical technologist, scientific technician, statistician, registered nurse, veterinarian, teacher and social worker. However, all occupations are professional in nature, and therefore require at least a Bachelor’s degree, specialized training, or licensure and/or certification.
TN for Canadians Citizens
Most Canadians apply for TN status either at a pre-flight or port of entry inspection facility while entering the U.S. from Canada. The admission process for Canadian citizens includes:
- A review of the required documentation by the immigration official
- Acceptance of the filing fee
- Issuance of a form I-94 (the form I-94 should be stamped with the appropriate date , port of entry, expiration date, and the employer's name)
TN for Mexican Citizens
The TN requirements for Mexican citizens are the same as for Canadian citizens except that Mexicans are required to obtain a TN visa at a U.S. consulate. The application process includes an interview and a fingerprint scan. Interviews are generally by appointment only. Contact our office for information about scheduling an appointment.
Mexican citizens require the following documents:
- Non-immigrant visa application (form DS-156)
- Supplemental non-immigrant visa application (form DW-157) required for male applicants aged 16-45 only
- A valid passport that will not expire within the next six months
- One photograph that meets USCIS standards for immigration photos
- A check for the $50 filing fee and form I-94 filing fee
- $100 non-immigrant visa application processing fee
Documentation requirements for the TN visa are very specific, particularly in proving (1) the occupation is on the USCIS TN occupations list, and (2) proving that the applicant is qualified in that occupational area. If the documentation is not exactly what the immigration officers are looking for, the applicant may be refused entry into the U.S on TN status, and in fact, this has been the case for many Canadian citizens seeking TN visa status at the port of entry. If you think you might be eligible for a TN visa, please contact our office so we may assist you on TN procedures and documentation requirements.
Please contact us to start your immigration application now.