TN NAFTA Professionals
What is a TN NAFTA Visa?
The TN (Treaty NAFTA) visa category permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in professional business activities. Please note the regulations provide a list of eligible professional positions eligible under the TN Visa.
Eligibility Criteria
- A citizen of Canada or Mexico
- The profession qualifies under the regulations
- The position in the United States requires a NAFTA professional
- Prearranged full-time or part-time job with a U.S. employer (self-employment is not eligible)
- You have the qualifications to practice in the profession
Length of Stay
TN visa holders are typically granted initial stays of up to three years, with the possibility of extensions in increments of up to three years. However, the TN visa holder must maintain a residence in Canada or Mexico and intend to return there at the end of their authorized stay.
Additional Details
TN visa holders may travel freely in and out of the U.S. during the validity of their visa. Furthermore, there are no numerical limitations on the issuance of TN visas, unlike other visa categories.
What We Do
- Provide guidance on the scope of activities permissible under the TN Visa
- Provide assistance in preparing the TN Visa Application and provide guidance on evidence required
- Review applications to identify potential concerns that may affect the outcome of the application
- Provide assistance for TN Visa holders in the United States that wish to Extend their Visa or apply for a Change of Status
Are you a Canadian or Mexican professional looking to work in the U.S. under the TN-NAFTA visa? Our firm is here to help you determine your eligibility for the TN visa and guide you through the application process.
Why Choose Us
- Expert Evaluation: Our knowledgeable immigration attorneys will assess your qualifications to ensure you meet the criteria for the TN visa, which allows professionals in specific occupations to work in the U.S.
- Comprehensive Support: We provide step-by-step assistance with your visa application, ensuring that all necessary documentation is accurately prepared and submitted.
- Personalized Guidance: Every case is unique. Our tailored approach means we address your specific needs, maximizing your chances for a successful application.
Contact us now to schedule a consultation. Together, we can help you take the next step in your career and make your dream of working in the U.S. a reality.
How to Apply for a TN-NAFTA Visa
The TN-NAFTA visa allows qualified Canadian and Mexican professionals to work in the United States in specific occupations. Here’s a step-by-step guide on how to apply for this visa:
For Canadian Citizens
Step 1 | Determine Eligibility: Ensure that your profession is listed under the NAFTA agreement and that you meet the educational and experience requirements. |
Step 2 | Prepare Documentation: Gather the necessary documents, including:
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Step 3 | Apply at the Port of Entry: Canadian citizens do not need a visa to enter the U.S. as a TN professional. Instead, you can apply directly at a U.S. Customs and Border Protection (CBP) port of entry. Present your documentation to the CBP officer for review. |
Step 4 | Receive TN Status: If approved, you will be granted TN status, allowing you to work in the U.S. for the specified employer. |
For Mexican Citizens
Step 1 | Determine Eligibility: Ensure that your profession is listed under the NAFTA agreement and that you meet the educational and experience requirements. |
Step 2 | Prepare Documentation: Gather the necessary documents, including:
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Step 3 | Apply for a TN Visa: Mexican citizens must apply for a TN visa at a U.S. embassy or consulate in Mexico. Schedule an appointment and submit your application along with the required documentation. |
Step 4 | Attend the Visa Interview: During your interview, present your documents and answer any questions regarding your qualifications and job offer. |
Step 5 | Receive Your Visa: If approved, you will receive your TN visa, allowing you to enter the U.S. and work for the specified employer. |
Frequently Asked Questions
TN-NAFTA
- Can I change employers on a TN-NAFTA Visa?
Yes, you can change employers while on a TN-NAFTA visa. However, you must apply for a new TN visa with the new employer. This typically involves having your new employer file a Form I-129 (Petition for a Nonimmigrant Worker) with USCIS if you are already in the U.S. Alternatively, you can apply at a U.S. port of entry if you are a Canadian citizen and outside the U.S.
- How long can I stay in the U.S. on a TN-NAFTA Visa?
The TN-NAFTA visa does not have a fixed maximum duration of stay. You can initially be granted TN status for up to three years, and it can be renewed indefinitely in three-year increments, as long as you continue to meet the eligibility requirements
- Can my family accompany me on a TN-NAFTA Visa?
Yes, your spouse and unmarried children under the age of 21 can accompany you to the U.S. on a TD visa. They must apply for this visa, which allows them to stay in the U.S. for the same duration as your TN status
- Can my spouse work in the U.S.?
No, spouses of TN visa holders cannot work in the U.S. while on a TD visa. However, they are allowed to attend school or college during their stay
- Can I travel outside the U.S. while on a TN-NAFTA Visa?
- What should I do if my TN-NAFTA Visa application is denied?
If your TN-NAFTA visa application is denied, you may have the option to withdraw your application or appeal the decision. It is advisable to consult with an immigration attorney to understand the reasons for the denial and explore your options for reapplication
- Can I change my status from a TN-NAFTA Visa to another visa type?
Yes, you can change your status from a TN-NAFTA visa to another visa type, such as an H-1B or O-1 visa, if you meet the eligibility requirements for the new visa category. This process typically involves filing a new petition
- What happens if my TN-NAFTA status expires while I am in the U.S.?
If your TN-NAFTA status expires while you are in the U.S., you may be considered out of status, which can lead to complications with future immigration applications. It is crucial to apply for an extension or change of status before your current visa expires to maintain lawful status in the U.S.
Related Links
B-1 Visa Page on USCIS
USCIS dedicated page for B-1 Temporary Business Visitor
Visa Appointment Wait Time
Check current wait time for Visa Appointments
B-1 Visa Informative Flyer
Department of State issued flyer on Visitor Visas
