The TN Visa Category

About the TN category
In 1993, the U.S. entered into the North American Free Trade Agreement (NAFTA) with U.S. and Mexico.  Under NAFTA, a visa category was designated specifically for Canadian and Mexican nationals to work temporarily in the U.S.  in a variety of professional occupations.  The TN visa has become a popular nonimmigrant category for North American skilled professionals that meet certain educational and professional requirements. 

The TN nonimmigrant visa allows citizens of Canada and Mexico to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work in TN status.

Who is Eligible?
A list of professionals who qualify is shown on this page, and is also available at NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1.

A TN worker must be engaged in business activities at a professional level in the United States.  Self-employment is not permitted in the TN category.

The TN worker must have a job offer from a U.S. or Canadian employer to perform work in the U.S.  The details of the business activity,  such as duties and remuneration, must be contained in a letter from the employer, and all relevant documentation must be submitted as supporting evidence. 
The TN applicant must fit into one of the professions listed below.  Generally, a Bachelor’s degree is required for each profession (with certain exceptions), and work experience cannot be substituted.

Basic Requirements:
In summary, the following must apply to the foreign national seeking admission:

1. The applicant is a citizen of Canada or Mexico;
2. The profession is designated in the NAFTA job series list contained in NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1;
3. The applicant  possesses the specific criteria for that profession; and
4. The  applicant is going to work for a U.S. employer.

For Canadian Citizens:
Canadian citizens have the ability to apply directly at a U.S. port of entry with a completed TN application, proof of Canadian citizenship, and the current Government filing fee of $56(USD).  Note that only citizens, and not permanent residents of Canada are eligible for the TN category.

For Citizens of Mexico:
Mexican citizens may apply at a U.S. Consulate abroad for a TN visa. As part of the visa application process, an interview at the embassy consular section is required for most visa applicants.  Interviews are generally by appointment only and appointment wait times and visa processing times vary for each U.S. Consulate or Embassy. We recommend visiting the U.S. Embassy or Consulate website where you will apply for your visa for the consular sections individual requirements. 

Duration of Stay
Under recent regulatory changes, initial admission to the U.S. in TN status is for one to three years.  TN status can be renewed in one to three-year increments and there is currently no limit as to the number of renewals that can be obtained.  It should be noted, however, that TN visa status is not intended for permanent residence in the U.S.

Canadian or Mexican citizens admitted under the TN category may seek an extension of stay by filing an application with the USCIS Service Center or by presenting the application at a port-of-entry. 

Dependants of a TN nonimmigrant worker
Spouses and children (unmarried children under the age of 21) who are accompanying NAFTA Professionals to the U.S. may receive a derivative TD visa. Applicants must demonstrate a bona fide spousal or parent-child relationship to the principal TN visa holder through marriage or birth certificates. Dependents of the TN worker do not have to be citizens of Canada or Mexico.

Note that while spouses and children may study in the U.S. while in TD status, there is no work authorization for TD spouses.

Canadian citizen spouses and children they must present proof of citizenship and proof of relationship to the principal applicant for processing at a port-of-entry.  Copies of the principal TN holder’s entry documents should also be presented if processing separately from the principal TN. 

Mexican citizen spouses and children must apply for TD nonimmigrant visas at a U.S. Embassy or Consulate abroad.

Advantages of the TN Category

1. There is no limit on the total number of years a person can remain in the U.S. in TN status
2. There is no Labor Certification requirement (proof that the applicant is not taking a job away from a qualified U.S. worker)
3. Customs and Border Protection adjudicates TN applications right at the border, so there is no waiting period for approval
4. There is no limit on the number of times a TN visa can be renewed
5. Compare the L-1 and TN categories by viewing our NAFTA Visa Comparison Chart, here »

North American professionals engaged in the following occupations may be eligible for TN status provided they meet the educational and/or professional requirements, listed below:

If you do not meet the requirements for a TN visa or require a waiver of inadmissiblity, you can discuss alternative immigration options with our managing partner, Ms. Rosanna Berardi, Esq.  Troubleshooting on urgent and specialized cases is something at which we excel.