TN Visa – Canadian and Mexican Citizens
What is a TN visa?
The TN visa was created by the North American Free Trade Agreement (NAFTA) for Canadian and Mexican citizens engaged in specific professional activities to work in the United States. There is no numerical cap, and no labor certification is required.
To be eligible for the TN visa, the applicant must:
- Be a Canadian or Mexican citizen.
- Plan to engage in one of the approved professional occupations
- Be qualified to work in a specific professional activity, including the requisite degree and credentials. Note: There are restrictions on “management consultants.”
- Have a job offer from a U.S. employer (Self-employment is not permitted)
- Not have immigrant intent (meaning cannot intend to remain in the U.S. permanently when applying for TN status)
Applying for a TN visa
Mexican citizens must apply for a TN visa at a U.S. embassy or consulate in Mexico. Canadian citizens are not required to apply for a TN visa at a U.S. Consulate. If an employer wishes to file on behalf of a Canadian citizen, they must file Form I-129, Petition for Nonimmigrant Worker with USCIS.
Period of Stay
TN visa holders are given an initial stay period of up to three (3) years. After your initial stay, an extension of your stay must be filed. Your employer can file Form I-129 on your behalf.
Can my family accompany me?
Under a TD nonimmigrant classification, spouses and children under 21 are also permitted to reside in the U.S. They cannot accept employment but may attend school or college.