TN NAFTA Professionals
What Is a TN Visa?
The TN visa was created under the North American Free Trade Agreement (NAFTA) between Canada, U.S. and Mexico. TN visa is a non-immigrant visa that allows qualified Canadian and Mexican citizens to engage in business activities at a professional level in the U.S.
Engaging in business activities at a professional level means the performance of prearranged business activities for a United States employer. Foreign national must possess the necessary credentials to be considered a qualifying professional under this category. Generally, a Bachelor's degree or higher is usually required to be considered a professional in this category.
Spouse and unmarried children under the age of 21 may accompany the TN visa holder on a TD visa. They will not have the authorization to work, but will be able to maintain their lawful status in the US as long as TN visa holder works for the US employer.
List of Qualified Professions
You can find the most updated list of approved NAFTA professions that qualified to apply for TN visa here. Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, teachers and several others.
Period of Stay/Extension of Stay
Initial period of stay is up to 3 years. If you wish to remain in the United States beyond your initial period of stay without first departing from the United States, you must seek an extension of stay. If you are in the United States, your employer may file Petition for Nonimmigrant Worker on your behalf.
Alternatively, you may depart from the United States before the date your status expires, and then, once abroad, you may apply at a CBP-designated U.S. port of entry using the same application and documentation procedures required at the time of your initial application for admission as a TN nonimmigrant.
You may be eligible for TN nonimmigrant status, if:
- You are a citizen of Canada.
- Your profession belongs to the approved professions under NAFTA
- The position in the United States requires a NAFTA professional.
- You have a prearranged full-time or part-time job with a U.S. employer.
- You have the qualifications to practice in the profession in question. A bachelor's degree is usually required for all approved NAFTA professions. If the profession requires license in the US to be engaged in this profession, then the applicant must possess the requisite license.
Applying for visa. If you are a Canadian citizen, then you are not required to apply for a TN visa at the U.S. consulate. You can get a stamp of TN visa in your passport at the US port of entry upon providing package of documents evidencing your eligibility to be admitted as NAFTA professional. If a Customs and Border Protection officer finds you eligible for admission, you will be admitted as a TN nonimmigrant.
You may be eligible for TN nonimmigrant status, if:
- You are a citizen of Mexico.
- Your profession belongs to the approved professions under NAFTA
- The position in the United States requires a NAFTA professional.
- You have a prearranged full-time or part-time job with a U.S. employer.
- You have the qualifications to practice in the profession in question. A bachelor's degree is usually required for all approved NAFTA professions. If the profession requires license in the US to be engaged in this profession, then the applicant must possess the requisite license.
Applying for visa. If you are a Mexican citizen, then you are required to obtain a visa to enter the United States as a TN nonimmigrant. You should apply for a TN visa directly at a U.S. embassy or consulate in Mexico.
If you have additional questions about immigration to the United States, please contact us or schedule a consultation.