TN Visa

TN visa is a special non-immigrant status under which the North American Free Trade Agreement (NAFTA), certain citizens of Canada and Mexico are eligible to enter the U.S. to work temporarily under nonimmigrant TN status.

• For obtaining this visa, the applicant’s profession must be on the NAFTA list and he/she must have proper training for that profession.
• It is also necessary that the applicant is a citizen of Mexico or Canada. Self-employment will not be permitted and he/she will work in a part-time or full-time job.

TN visa is a special non-immigrant status under which the North American Free Trade Agreement (NAFTA), certain citizens of Canada and Mexico are eligible to enter the U.S. to work temporarily under nonimmigrant TN status. TN status is identified in the North American Free Trade Agreement (NAFTA) which began in 1994. In the beginning (1988), individuals practicing one of the professions identified in the Canada – United States Free Trade Agreement are able to obtain TN status for legal work in the United States and Canada, creating freedom of labor movement. The North American Free Trade Agreement (NAFTA) found special economic and trade relationships for the United States, Canada, and Mexico. It provides U.S., Canadian, and Mexican citizens the opportunity to work in each other’s countries in certain professional occupations. TN set of the profession, an American, Canadian or Mexican can work for up to three years at a time. However, the TN status may be renewed frequently in three-year increments, although it is not a ‘permanent visa,’ and if U.S. immigration officials ascertain that it is being used as a de facto green card, they may elect to decline further renewals. There is a similarity in some ways, to the H-1B visa. The set of professions allowed to petition for TN status is also quite a bit more limited than that for the H-1B visa.
Spouse and dependent children of a TN professional can be admitted into the United States in the TD status.

Eligibility Criteria

The following are the requirements to be eligible for the TN Visa:

• The profession must be on the NAFTA list.
• The foreign national must possess the necessary training for that profession.
• Position in the United States requires a NAFTA professional.
• The foreign national must work for a U.S. employer.
• Applicant must be a citizen of Canada or Mexico.
• The applicant will work in a considered full-time or part-time job for an employer. Self-employment is not applicable.
• Applicant has the qualifications, meeting the specific requirements, education, and/or experience, of the profession (TSG).

With some flaws, each profession needs a baccalaureate degree as an entry-level requirement. If a baccalaureate is required, the experience is counted as secondary for that degree. In some professions, an alternative to a bachelor’s degree is listed. For some professions, experience is required in addition to the degree.
Note: Requirements for Canadians and Mexicans are different, as explained below.

Requirements for Canadian Citizens

Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified Canadian TN visa applicants upon request. A Canadian citizen without a TN visa can apply for TN nonimmigrant status at a U.S. port of entry. Please refer to U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) for additional information and requirements for applying for admission to the United States. If a CBP officer finds you eligible for the admission, you will be admitted as a TN nonimmigrant.
A Canadian without TN nonimmigrant status, who resides in a third country with a non-Canadian spouse and/or children, and who plans to enter the United States as a NAFTA professional at the same time as the family member(s), will need a TN visa in order for the family members to be eligible to apply for adjunct TD nonimmigrant visa(s).
Alternatively, a prospective TN employer may choose to file on behalf of a Canadian citizen who is outside the United States by submitting Form I-129, Petition for Nonimmigrant Worker to USCIS.  Premium Processing Service is available.
If USCIS approves Form I-129, you as a prospective worker may then apply to CBP for admission to the United States as a TN nonimmigrant by providing the following documentation to a CBP Officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station:

Requirements for Mexican Citizens

Mexican citizens require obtaining TN visas to enter the United States as a TN nonimmigrant. Mexican citizen should apply for a TN visa directly at a U.S. embassy or consulate in Mexico. See the U.S. Department of State web page, “Mexican and Canadian NAFTA Professional Worker.”
Once you are approved for a TN visa, you may apply for admission at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. If a CBP officer finds you eligible for admission, then you will be admitted as a TN nonimmigrant. Please visit CBP’s website for additional information and requirements for applying for admission to the United States.

Duration of Stay

If you wish to remain in the United States beyond your initial period of stay (up to 3 years) without first departing from the United States, you must find an extension of stay. If you are in the United States, your employer may file Form I-129 on your behalf. Alternatively, you may depart from the United States before the date your status expires, and then, once abroad, you may apply at a CBP-designated U.S. port of entry or at a prepared pre-clearance/pre-flight inspection station using the same application and documentation procedures required at the time of your initial application for admission as a TN nonimmigrant.

Dependents / Family Status

Spouses and/or unmarried children under the age of 21 are eligible to enter the U.S. under the derivative TD-1 and TD-2 visas. Family members may study in the U.S., but they are not allowed to work. Spouses and children are granted TD status for no longer than the period of time granted to the principal TN nonimmigrant.

Documentation (TN-1 Visa / TN-2 Visa)

Canadian Citizens may apply for the TN-1 Visa, and Mexican citizens may apply for the TN-2 Visa. However, note that the process for obtaining a TN-2 Visa is much more complicated than that of the TN-1.

TN-1 Visa

Canadian citizens applying for the TN-1 Visa must provide the following information at a U.S. port of entry:

• A document from the employer outlining the job duties, the length of the assignment, and the agreed-upon salary.
• Proof that the employee has completed the necessary education or training for the position.
• Proof that the employee has all of the necessary licenses for the position.
• Proof of Canadian citizenship.

Canadian citizens need not file a petition for employment; they must simply obtain TN status at a port of entry.

TN-2 Visa

Mexican citizens are eligible to apply for the TN-2 Visa. Unlike Canadian citizens, Mexican applicants must apply at the U.S. consulate in their home country. Interested applicants must meet the following requirements:

• A document from the employer outlining the job duties, the length of the assignment, and the agreed-upon salary.
• Proof that the employee has completed the necessary education or training for the position.
• Proof that the employee has all of the necessary licenses for the position.
• Proof of Mexican citizenship.

Extension of Stay

When a Canadian or Mexican TN nonimmigrant applies for an extension of stay in the U.S. at the end of his/her period of admission or affirmation as a TN, any eligible TD family member may also apply to extend their status without the need to travel in another place.
When a Mexican TD dependent wishes to travel abroad following approval of any such extension of stay and expiration of the TD visa, the family member needs to apply for a new TD visa at a U.S. embassy or consulate before being permitted to return to the U.S. in TD status.

Source of Information: www.uscis.gov