TN

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN non-immigrant visa classification is available to Canadian and Mexican citizens who are qualified members of certain pre-determined occupations seeking temporary entry into the United States to engage in business activities at a professional level.

The following are eligibility criteria for TN non-immigrant status:

  • Citizens of Canada or Mexico
  • Member of a profession that qualifies under the regulations
  • The position in the United States requires a NAFTA professional
  • Prospective TN has a prearranged full-time or part-time job with a U.S. employer
  • Prospective TN has the qualifications of the profession

TN status may be granted in increments of up to three years. There is no cumulative total limit on the time a Canadian or Mexican citizen can be in TN status.

Obtaining TN status

Canadian citizens are not required to apply for a visa with a U.S. consulate or file a petition with U.S. Citizenship and Immigration Services (USCIS).  They can request admission as a TN nonimmigrant at a U.S. port of entry and must be admitted in TN status. Mexican citizens, on the other hand, are required to obtain a visa to enter the United States as a TN non-immigrant. You should apply for a TN visa directly at a U.S. embassy or consulate in Mexico. The following documentation should be presented at the U.S. consulate and/or port of entry inspection:

  • Canadian or Mexican passport
  • Letter from hiring unit detailing items such as the professional capacity in which the individual will work in the United States, the purpose of employment, length of stay, and educational qualifications.
  • Copy of official University offer letter.
  • Copy of CV.
  • Copy of highest diploma earned or other credential required to show eligibility to enter the U.S. as a TN professional.
  • Any required state licenses (if applicable)
  • Fee for TN entry, payable in U.S. dollars, of $50 (for Canadian citizens only)

Make sure to present your TN documentation at the immigration inspection by a U.S. Customs and Border Protection (CBP) Officer. If determined eligible, you will be admitted to the U.S. as a TN non-immigrant.  Make sure to retrieve your Form I-94, Arrival/ Departure Record and send a copy to OIS as evidence of admission.

Extending TN status

A TN has two options for extending TN status:

  1. Travel and reentry: Canadians can leave the U.S. and reenter in TN status and do not obtain a visa stamp. Mexicans must apply for a TN visa renewal. Make sure to consult with OIS before travel in order to ensure that you have the proper documentation.
  2. Apply for an extension through USCIS. Processing times can vary significantly and TN status is not eligible for the premium processing option. Therefore, travel and reentry may be a more viable option if you have any international travel plans.

Please consult with OIS if you have any questions about the initial or extension process. Make sure to obtain your I-94 and send a copy to OIS after each reentry.

For a comparison of TN visa with the J-1 and H-1B visa categories, please refer to this document.