Who qualifies for a “TN” visa?

The Trade-NAFTA (TN) visa is available to citizens of Canada and Mexico who qualify as professionals under the North American Free Trade Agreement (NAFTA). Citizens of Mexico and Canada may apply to work in a professional occupation for a U.S. employer if the following eligibility requirements are met:

1. The profession is on the NAFTA list.
2. The foreign national possesses the specific criteria for that profession.
3. The prospective position requires someone in that professional capacity; and
4. A U.S. employer offers employment to the foreign national for work in the U.S.

The TN is a nonimmigrant (temporary) visa classification that is granted in increments of up to three (3) years. Although the prospective position must be temporary in nature, there is no limit on the number of extensions of stay in TN status that may be granted. The spouse and unmarried, minor children of a TN professional are entitled to derivative TD status, but are not eligible for employment authorization in the U.S.

What is the application process to obtain TN classification?

A foreign national may apply at a U.S. port of entry; or, if in the U.S., may apply to a U.S. Citizenship and Immigration Services (USCIS) service center. The required documents for applying include:

• Proof of Canadian or Mexican citizenship, e.g., passport, birth certificate.
• An offer of employment letter from the prospective U.S. employer for a professional position that is included on the NAFTA list, that specifies that the work is temporary;
• Documentation that the foreign national is qualified for the professional occupation as specified on the offer of employment, e.g., degree, transcripts, license, prior employment records, etc.

TN Visa Issuance

Mexican citizens require a visa for admission to the United States. The DOS recently updated the visa reciprocity schedule to allow visas for 1- or 4-year validity period. Canadian citizens on TN status usually do not need a visa endorsed in their passport for U.S. admission.

How can an application for extension of stay be filed in the US?

Application for an extension of stay in TN or TD status may be made at a designated port of entry or filing for the extension at the USCIS service center.