1. What is a TN Visa?
The TN visa enables Canadian and Mexican citizens to be admitted to the U.S. to temporarily engage in business activities at a professional level in certain fields, for one or more employers.
2. Who is eligible for TN Visa?
You are eligible for this visa if you are a citizen of Mexico or Canada who works in a professional occupation and:
- Your profession is on the NAFTA list
- You possess the specific criteria for that profession
- Your prospective position requires someone in that professional capacity
- You are going to work for a U.S. employer
3. How can I obtain a TN visa as a Canadian?
You must provide the following at the port of entry:
- A request for TN status
- A copy of your college degree and employment records which establish qualification for the prospective job
- A letter from your prospective U.S. based employer offering you a job in the U.S., which is included on the professional job series (NAFTA list) and
- A fee of U.S. $50.00
Note: Canadian citizens are not required to obtain a visa, but instead receive TN status with the USCIS at the port of entry.
4. How can I obtain a TN visa as a Mexican?
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 U.S. To receive a TN visa, you must submit the following forms and documentation:
- Form DS-156, Nonimmigrant Visa Application completed and signed
- Form DS-157, Supplemental Nonimmigrant Visa Application by male applicants between 16 – 45 years of age
- A passport valid for travel to the U.S. and with a validity date at least six months beyond your intended period of stay in the U.S.
- One 2×2 photograph. (A photograph is not required if you are applying in Mexico.)
- Your employer in the U.S. must provide a Letter of Employment in the U.S. The letter must indicate that the position in question in the U.S. requires the employment of a person in a professional capacity, consistent with the NAFTA
5. What are the documents required to apply for TN status as a Canadian?
Your application for TN status as a Canadian must include:
1. Proof of Canadian citizenship. This could be your passport, birth certificate, or certificate of naturalization
2. A letter from your employer offering the employment. This letter must be written on the employer’s letterhead and bear an original signature of the person with hiring authority. The letter must affirm:
a. The title of the position offered as it appears in the appendix to the NAFTA treaty
b. A description of your professional activities, including a brief summary of job duties and the minimum requirements for the position
c.A description of your professional qualifications and appropriate credentials which demonstrate that you have the educational background and qualifications necessary for the position
d. The anticipated length of the position. This may not exceed one year
e. The specific arrangements for remuneration during the time period requested
f. If required by state or local law, that you comply with all applicable laws and/or licensing requirements for the activity in which you will be engaged
3. Evidence of the appropriate degree awarded in the form of a copy of a diploma, or official transcripts indicating the degree which has been awarded
4. A copy of a recent resume
5. The processing fee
6. Can I travel outside the U.S. on TN status?
Yes, you may leave the U.S. and be re-admitted for the remainder of the period of authorized stay as indicated on Form I-94, Arrival Departure record as long as the original, intended professional activities and employer have not changed.
7. Can I bring my dependants into the U.S. on TN visa?
Yes, your spouse and unmarried, minor children are entitled to enter the U.S. on derivative TD status.
8. Can my dependants work in the U.S. on derivative TD status?
No, your spouse and unmarried, minor children are unable to accept employment in the U.S. on derivative TD status.
9. How can I apply for extension of temporary stay on TN visa as a Canadian?
If you are a Canadian citizen, admitted as a NAFTA professional you may seek an extension of stay, which may be granted up to one year.
- If you are in the U.S., your employer may file Form I-129 Petition for Non-immigrant Worker with the USCIS Nebraska Service Center; or
- You may return to Canada to re-apply at the port-of-entry with the same documentation that is required for an original application
10. How can I apply for extension of temporary stay on TN visa as a Mexican?
If you are a Mexican citizen, admitted as a NAFTA professional you may seek an extension of stay, which may be granted up to one year.