The North American Free Trade Agreement (NAFTA) established a nonimmigrant visa classification for Canadian and Mexican professionals. In essence, this nonimmigrant status is available to qualified members of certain pre-determined occupations. These professions all require, minimally, a baccalaureate or licenciatura degree and/or, in some instances, professional licensure or certification. Although it is similar to the H-1B classification, TN status contains some notable advantages over H-1B visa status. Please note: Dependents of a TN are given TD status and may not be employed in the United States.
| 1. | In many instances, TN status may be obtained more quickly. |
| 2. | If the individual is subject to the two-year home residence requirement [212(e)] stemming from J-1 status, s/he may be able to obtain TN status without obtaining a waiver of the requirement. |
| 3. | There is no cumulative total limit on the time a Canadian or Mexican citizen can be in TN status. |
| 1. | It must be renewed annually. |
| 2. | There is no dual intent; therefore, it may be problematic to apply for permanent residence while in TN status. |
General
Accountant
Architect
Computer Systems Analyst
(with 3yrs. experience)
Disaster Relief
Insurance Claims Adjuster
Economist
Engineer
Forester
Graphic Designer
Hotel Manager
Industrial Engineer
Interior Designer
Land Surveyor
Landscape Architect
Lawyer
Librarian
Management Consultant
Mathematician
Range Manager/Conservation
Research Assistant
(at an educational institution)
Scientific Technician/Technologist
Social Worker
Technical Writer
Urban Planner/Geographer
Vocational Counselor | | Medical/Allied Health Professional
Dentist
Dietician
Medical Technologist
Nutritionist
Occupational Therapist
Pharmacist
Physician
(teaching/research only)
Physical Therapist
Psychologist
Recreational Therapist
Registered Nurse
Veterinarian Teacher
College
Seminary
University | | Scientist
Agriculturalist
Animal Breeder
Animal Specialist
Apiculturist
Astronomer
Biochemist
Biologist
Chemist
Dairy Scientist
Entomologist
Epidemiologist
Geneticist
Geophysicist
Horticulturalist
Meteorologist
Pharmacologist
Physicist
Plant Breeder
Poultry Specialist
Soil Scientist
Zoologist |
- Canadians never need to obtain a visa stamp from a U.S. embassy or consulate. They may apply for TN status at the port of entry into the United States. No prior pre-approved application is needed.
- Mexicans must apply for a TN visa at a U.S. consulate in Mexico.
| 1. | Proof of Canadian or Mexican citizenship |
| 2. | Letter or contract from the employer that outlines: |
| | a) Job description |
| | b) Anticipated length of stay (one year maximum; the TN must be renewed annually) |
| | c) Qualifications needed for the job |
| | d) Terms of employment (salary, hours, etc.) |
| | e) Evidence the Canadian/Mexican meets any applicable licensure requirements for the position |
| 3. | His/her professional qualifications (diplomas, licenses, etc.) |
| 4. | Application fee |
A TN has two options for extending his/her TN status:
| | |
| 1. | (a) Canadian: Travel to the U.S.-Canadian border with a letter from his/her employer and apply for TN status. The individual must pay a processing fee at the time of application.
(b) Mexican: Travel to the U.S. consulate in Mexico with a letter from his/her employer and apply for a TN visa renewal.
|
| 2. | Apply for an extension through the USCIS. Top apply for the extension, the following must be submitted: |
| | - Form I-129 |
| | - Letter from the employer (sample letter) |
| | - copies of I-94 card (front and back) and passport (biographic page) |
| | - filing fee |
| |
| | Dependents are not automatically included; therefore, a separate form must be filed for them: |
| | - I-539 |
| | - Copies of I-94 cards (front and back) and passports (biographic page) |
| | - filing fee |
OIP will prepare the application for submission to USCIS following completion of the TN Extension Request Form.