You’re a professional from Mexico or Canada and want to work in the U.S., but not permanently move south (or north) of the border. Don’t worry, there’s a visa for that. The TN visa allows citizens of Mexico and Canada to enter the U.S. temporarily for business purposes at a professional level. Created through the North American Free Trade Agreement (NAFTA), the TN visa provides a straightforward path for you to gain valuable experience working in the U.S. for up to three years, with the possibility of extension.
What Is the TN Visa Under NAFTA?
What Is the TN Visa Under NAFTA?
If you’re a citizen of Mexico or Canada with a bachelor’s degree or appropriate credentials and want to work temporarily in the U.S., the TN visa may be for you. Created under the North American Free Trade Agreement (NAFTA), the TN visa allows professionals from Mexico and Canada to enter America for up to 3 years.
To qualify for a TN visa, you must work in a NAFTA-approved occupation like engineer, scientist, teacher, or management consultant. The job must also require a related degree. You’ll need a job offer from a U.S. employer, and in some cases may have to get a temporary license or certification.
Applying for a TN visa is pretty straightforward. You submit Form I-129, as well as proof of your citizenship, job offer, credentials, and licensure if needed. There’s a filing fee for the I-129, though no limit on the number of times you can renew a TN visa.
The TN visa does not provide a path to permanent residency. However, some TN holders may be eligible to apply for permanent status through an employer or based on meeting requirements of a green card category. The TN visa allows dependents like spouses and unmarried children under 21 to enter the U.S. in TD status.
If you meet the criteria, the TN visa offers an excellent opportunity to gain valuable experience working in America. The application process is simple, and the visa provides flexible, renewable work authorization. For many Mexican and Canadian professionals, the TN visa is a great way to advance their careers across borders.
Eligibility Requirements for Mexican and Canadian Citizens
To qualify for a TN visa as a Mexican or Canadian citizen, you need to meet a few important requirements.
First, you must work in one of the professions listed in NAFTA. Some of the in-demand fields include engineer, scientist, teacher, medical doctor, nurse, computer systems analyst, and management consultant. Make sure your job and education match one of the approved professions.
Next, you’ll need a job offer from a U.S. employer. The company must provide a letter describing the position, your job duties, minimum education requirements, and salary. The job must be temporary, lasting no more than three years.
Then, you must prove your professional credentials. This usually means having at least a bachelor’s degree or appropriate credentials showing you’re an expert in your field. Licenses, certifications, and years of experience may also be required for certain professions.
You’ll also need to obtain proper documentation to present at the port of entry. This includes the letter from your employer, proof of your professional qualifications, and evidence of citizenship such as a passport. The application fee for the TN visa is $160.
Finally, you must demonstrate an intent to return to your home country after your temporary assignment ends. Be prepared to show strong ties to your home country such as a permanent residence, bank accounts, investments, family, or other commitments that will require you to return.
With the right job offer, professional credentials, documentation, and proof of non-immigrant intent, you’ll be well on your way to obtaining a TN visa for that exciting new position in the U.S. Good luck!
The TN Visa Application Process
Once you’ve determined you meet the eligibility criteria for a TN visa, it’s time to start the application process. The good news is that the TN visa application is relatively straightforward compared to other U.S. work visas. However, there are still a few steps you’ll need to follow to obtain your TN status.
Find a U.S. Employer
The first step is securing a job offer from an employer in the U.S. The position must be in one of the professions listed on the NAFTA schedule. Your employer will need to provide you with a letter describing the job, duties, requirements, salary, and duration.
Complete USCIS Form I-129
Next, your employer will submit Form I-129, Petition for a Nonimmigrant Worker, on your behalf to request TN status. There is a filing fee for the I-129. As the beneficiary, you’ll need to provide documentation proving your Canadian or Mexican citizenship as well as credentials and licenses relevant for your profession.
Attend your Visa Appointment
If you’re a Canadian citizen, you’ll need to schedule an appointment at a U.S. port of entry or preclearance office. Mexicans will schedule an appointment at their local U.S. consulate. At your appointment, be prepared for an interview with an immigration officer. You’ll need to provide the letter from your employer, proof of your professional qualifications, and the approved I-129 petition.
Entry into the U.S.
Once approved for TN status, Canadians can enter the U.S. immediately. Mexicans will use the approved visa to enter within 90 days. At the border or port of entry, be ready to show your passport, approved TN visa or petition, and employer letter. The immigration officer will review your documents and may ask some questions to verify your TN eligibility before issuing an I-94 form, allowing you to legally work in the U.S. under TN status.
Maintaining TN Status and Renewal
To maintain your TN status, you must continue to engage in the business activity for which you were admitted. As a TN professional, you are allowed to work for multiple employers, as long as you are performing duties consistent with your approved job classification. However, any changes to your job duties or employer require filing an amended petition.
Follow the Rules
It’s important to follow all the rules to keep your TN status valid. Make sure not to remain in the U.S. beyond the authorized period of stay shown on your Form I-94 or I-94W. If needed, file an application for extension of stay on Form I-129 before your authorized stay expires. You must also maintain a residence in your home country, which you have no intention of abandoning. Your intention to depart the U.S. is an important part of maintaining nonimmigrant status.
Renewal
To renew your TN status, file Form I-129 with USCIS up to 6 months before your current TN status expires. The renewal process is similar to the initial application. You will need to submit the same evidence to establish your professional qualifications and job offer. USCIS will review your renewal request to verify you have maintained your TN status, continue to meet the qualification criteria, and that the job offer is still available.
As with the initial application, USCIS aims to adjudicate TN renewals within 15 calendar days. However, processing times can vary, so you should apply for renewal well in advance of your status expiration to avoid any gaps. It’s a good idea to consult with your company’s immigration legal counsel to ensure proper filing. Following their guidance will help avoid common mistakes that can lead to a Request for Evidence (RFE) or denial.
Maintaining lawful immigration status is very important. By diligently following the rules for your TN visa, renewing on time, and being transparent about any changes, you can avoid issues and continue enjoying the benefits of temporary entry as a NAFTA professional. Best of luck!
Frequently Asked Questions About TN Visas
As a Mexican or Canadian professional looking to work temporarily in the U.S., you likely have some questions about the TN visa process. Here are answers to a few of the most frequently asked questions.
What occupations qualify for a TN visa?
TN visas are available only for certain occupations listed in the NAFTA agreement. These include engineers, teachers, scientists, management consultants, computer systems analysts, and more. The job you want to do must match one of the professions on the NAFTA list.
Do I need a job offer to apply for a TN visa?
Yes, to obtain a TN visa, you must have a job offer from an employer in the U.S. The employer will provide you with a letter of employment describing the job, duration, location, and salary. You will need to submit this letter with your TN visa application.
How long is a TN visa valid?
TN visas are granted for up to 3 years at a time. Extensions are available in increments of up to 3 years with no maximum time limit. As long as you maintain the proper documentation and continue working in the approved occupation for the same employer, you can extend your TN status indefinitely.
Can my spouse and children also get TN visas?
Unfortunately, the TN classification only applies to the principal visa holder. Spouses and children cannot obtain TN status but may be eligible for TD visas, which allow them to accompany the TN holder. TD visas are valid for the same duration as the TN visa.
Can I setup a company and sponsor my own TN visa?
Unfortunately, the answer to that is no. You cannot incorporate a U.S. company and sponsor your own visa. For that specific need, you want want to look into the E2 investor visa program which does allow incorporating a U.S. company and applying for your own investor visa.
Do I need to apply for a TN visa at a U.S. consulate?
If you are a Canadian citizen, you can apply for a TN visa at any U.S. port of entry, airport or land border crossing. Mexican citizens must apply at a U.S. consulate in Mexico. Whether applying at a port of entry or consulate, you will need the same documentation, including proof of your professional credentials, a job offer letter, and evidence of citizenship.
The TN visa provides an excellent opportunity for qualified professionals from Mexico and Canada to work in the United States. With the right documentation and preparation, the application process can be straightforward. Best of luck!
Conclusion
Now that you know the basics about qualifying for and applying for a TN visa, you’re ready to take the next steps. Gather the necessary documents to prove your professional credentials, schedule an interview at a US consulate or port of entry, pay the required fees, and you’ll be well on your way to taking advantage of this opportunity.
As a Mexican or Canadian professional, the TN visa provides you a chance to gain valuable work experience in the US, advance your career, and strengthen the important trade partnership between our nations. The application process may require some patience, but the rewards of a TN visa make the effort worth it. Good luck!
For questions or to get connected with an immigration attorney, you can reach us at contact@yondaa.comÂ
