TN Visa (for Citizens of Canada or Mexico Only)

Professionals of Canada or Mexico may work in the U.S. under the following conditions:

• Applicant is a citizen of Canada or Mexico;
• Profession is on the NAFTA list;
• Position in the U.S. requires a NAFTA professional;
• Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
• Professional Canadian or Mexican citizen has the qualifications of the profession

The requirements for applying for citizens of Canada and Mexico, shown below, are different.

Requirements for Canadian Citizens

Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.

Requirements for Mexican Citizens

As of January 1, 2004 the procedures were simplified for Mexicans by removing the requirement for petition approval and for filing of a labor condition application. Mexicans are no longer subject to numerical limitation for these professionals. Mexican citizens still require a visa to request admission to the United States.

Spouses and Children

Spouses and children (unmarried children under the age of 21) who are accompanying or following to join NAFTA Professionals (TN visa holders) may receive a derivative TD visa. Applicants must demonstrate a bona fide spousal or parent-child relationship to the principal TN visa holder. Dependents do not have to be citizens of Mexico or Canada. Spouses and children cannot work while in the U.S. They are permitted to study.

Canadian citizen spouses and children do not need visas, but they must have the following documents at the port of entry:

• Proof of Canadian citizenship;
• Proof of relationship to the principal applicant, such as marriage certificate and birth certificate; and
• Photocopies of entry documents of the principal applicant.

Mexican citizen spouses and children must apply for TD nonimmigrant visas at a U.S. embassy or consulate.

If the spouse and children are not Canadian citizens, they must get a TD nonimmigrant visa from a U.S. embassy or consulate. They must contact the U.S. embassy or consulate that serves their area for information on how to make visa applications.

Spouses or children following to join must show a valid I-94, thereby providing proof that the principal TN visa holder is maintaining his/her TN visa status.

How Long Can I Stay?

The maximum period of admission into the U.S is one year. The US Citizenship and Immigration Services (USCIS) grants extensions of stay in time amounts of one year. There is no limit on the number of years a TN visa holder can stay in the United States. However, the TN visa status is not for permanent residence.

Extension of Stay

For Canadian or Mexican citizens admitted as a NAFTA Professional may seek an extension of stay, which may be granted up to one year, by:

• If the applicant is in the U.S., employer may file Form I-129 Petition for Non-immigrant Worker with the US Citizenship and Immigration Services’ (USCIS) Nebraska Service Center; or
• Applicant may apply at a port of entry using the same application and documentation procedures above as required for the initial entry.