TN Visa

 

Overview

The TN visa is designated for a category of professionals listed under the North American Free Trade Agreement (“NAFTA”), and is only available for citizens of NAFTA countries (Mexico and Canada). Aliens coming to the US to establish a business may do so under the TN status provided that they are not the sole shareholder, controlling shareholder, or owner of that business.

 

TN Requirements

Under NAFTA, an individual may work in a professional position provided that:

• The occupation is on the list;
• The position requires an individual with a professional background;
• The alien has the educational qualifications for the profession for which he will be applying; and
• The individual is a citizen of either Canada or Mexico.

Most professions on the list require a bachelor’s degree as a minimum requirement. Some professions require a post-secondary diploma and three(3) years of experience in the occupation. If the profession that you are applying for requires a bachelor’s degree, you must provide a bachelor’s degree in the area from a Canada or US institute & provide proof of the equivalency of your foreign degree. Under this classification, it is not possible to show that a combination of years of experience and education is equivalent to a bachelor’s degree. For a complete list of eligible TN professionals and the educational requirements, please refer to the TN Professions List.

 

Maximum Stay in the US

The maximum length of stay for TN applicants is one year (Mexicans up to three). An applicant may request extensions of their TN status in increments of upto one (1) year. There is no limit to how many extensions the applicant may request. However, they must satisfy the immigration officer that their stay is only temporary, which could get more difficult after a number of extensions.

 

Canadians

1. Canadians apply for their initial TN at the Port-of-Entry. Extensions may be made at the service centers.

 

Mexicans

1. The applicant may apply directly at the Embassy Consulate with extension at the service centers.

 

Spouses and Dependent Children

Spouses and dependent children of the alien are entitled to obtain TD non-immigrant status in the US. However, they are not permitted to work.

 

Dual Intent

It is important to note that dual intent (the intention of working in the US and immigrating at a later date) is not permitted. The TN applicant must show that they have no intention of immigrating to the US. Should the applicant decide to immigrate to the US after already having received his/her TN status, it is necessary to apply for another nonimmigrant status that allows dual intent (such as H-1B), prior to applying for permanent residence in the US.