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The TN Visa is a non-immigrant visa created under the North American Free Trade Agreement (NAFTA). However, the United States-Mexico-Canada Agreement (USMCA) was implemented after the renegotiation of NAFTA. Under this new agreement, the TN Visa remains available, operating under similar terms as the original treaty, allowing Canadian and Mexican citizens to work temporarily in the United States in specific specialized professions.
There is a significant difference in the entry requirements to the United States for Mexicans and Canadians. Canadians enjoy more accessible access to the U.S., including the ability to work under the TN category. However, Mexicans and Canadians must meet specific criteria established by NAFTA to demonstrate their professional qualifications and obtain TN status.
The list of eligible professions for a TN Visa is extensive and covers a wide range of fields, including civil, electrical, and mechanical engineers; architects or interior designers; certified public accountants; systems analysts; programmers; university professors; researchers; scientists; registered nurses; physical therapists, among others.
To be eligible for a TN Visa, you must meet the following requirements:
1. Be a citizen of Canada or Mexico.
2. Have a professional occupation listed as eligible under the North American Free Trade Agreement (NAFTA/USMCA).
3. You must have the necessary qualifications for the occupation, including university degrees, professional licenses, certifications, and relevant work experience.
For Canadian Citizens: Canadian citizens do not need to apply for a TN Visa at a U.S. consulate. Upon entry to the United States, they can establish their eligibility for TN classification by presenting the required documents to a Customs and Border Protection (CBP) officer at a designated port of entry or pre-flight/pre-clearance station.
Information for the CBP Officer: Here are some of the critical requirements to present as evidence, although we recommend visiting the CBP website for additional information:
1. A job offer letter from the U.S. employer detailing the professional capacity in which you will work, the purpose of your employment, and the duration of your stay.
2. Documentation proving that you meet the professional requirements.
3. A valid Canadian passport.
4. Present yourself at the port of entry.
The applicant must go to a port of entry (airport, land border), present all documentation to a CBP immigration officer, and pay the required fee.
Another option is for the prospective employer to apply on behalf of the Canadian citizen outside the U.S. by submitting Form I-129, Petition for a Non-immigrant Worker, to USCIS.
If USCIS approves your I-129 form, the prospective worker must request admission to the U.S. as a TN non-immigrant from CBP. At this point, the individual must present the supporting documents sent to USCIS, answer eligibility questions, prove that they meet the professional requirements, and confirm their nationality. They should also be prepared to pay any applicable inspection fees at entry.
For Mexican Citizens: Unlike Canadians, who can apply for a TN Visa directly at a U.S. port of entry or by filing Form I-129 with USCIS, Mexican citizens must follow a more rigorous process. They are required to obtain a TN Visa from a U.S. embassy or consulate before entering the country. This process requires a consular interview and submission of the necessary documents to support their eligibility.
Mexican citizens must meet the consular process requirements, which add steps and may require more processing time. Therefore, it is advisable to plan and ensure that all formalities are completed before traveling to the U.S.
Documentation for Mexican Citizens: To apply for this type of visa, you generally need to meet the following requirements:
1. A job offer letter from the U.S. employer.
2. Documentation proving that you meet the professional requirements.
3. A valid Mexican passport.
4. DS-160 confirmation.
5. Recent passport-sized photo (check specific requirements).
When attending the interview, you must bring all documentation to the U.S. embassy or consulate and pay the visa application fee. If your visa is approved, you will receive the TN Visa in your passport and can then present it to a CBP officer at the port of entry to enter the U.S.
Some dependents, such as your spouse or unmarried children under 21 who accompany or wish to join you in the U.S., may be eligible for TD non-immigrant status. However, they cannot work in the U.S., although they can study. They will be granted TD status no longer than the principal TN non-immigrant.
The TN Visa is valid for an initial period of up to three years and can be renewed indefinitely in increments of up to three years.
If a Canadian or Mexican TN non-immigrant requests an extension of stay in the U.S. at the end of their admission or authorization period, any eligible family members may also request an extension without needing to travel abroad.
If a TN Visa holder wishes to remain in the U.S. beyond their initial period of stay without leaving the country, their employer must file a Form I-129 on their behalf.
Alternatively, they can leave the U.S. before their status expires and apply for re-entry at a designated U.S. port of entry or pre-clearance station using the same application and documentation required for the initial admission as a TN non-immigrant.
There are differences when it comes to renewing these visas. For example, Canadian citizens can renew their TN status by presenting the required documents at a port of entry or by filing a petition with U.S. Citizenship and Immigration Services (USCIS) while in the U.S. In contrast, Mexican citizens must renew their visas at a U.S. embassy or consulate or by filing a petition with USCIS if they are already in the U.S.
If a Mexican TN dependent wishes to travel abroad after the TD visa extension has been approved, they must apply for a new TD visa at a U.S. Embassy or Consulate before being allowed to return to the U.S.
In conclusion, the TN Visa is an excellent option for Canadian and Mexican professionals seeking to work in the U.S. under the USMCA agreement. While the application process is relatively straightforward, meeting all requirements and submitting proper documentation is essential to avoid issues. Having the support of a specialized attorney, such as those at Oasis Legal Group, can be crucial in ensuring a smooth process. If you are considering applying for a TN Visa, seeking advice from legal experts will help you navigate the process confidently and ensure your application’s success.
Who is eligible for the TN Visa?
Mexican and Canadian citizens with job offers in a profession specified under the USMCA who meet the educational and experience requirements for that profession are eligible to apply for the TN Visa.
How do I apply for the TN Visa?
Canadian citizens can apply for the TN Visa at a U.S. port of entry or by submitting Form I-129 to USCIS. Mexican citizens must apply for the visa at a U.S. embassy or consulate and obtain a TN Visa before entering the U.S.
Can I change employers while on a TN Visa?
Yes, you can change employers, but you must submit a new TN Visa application with the new employer’s job offer and meet the applicable requirements.
How long can I stay in the U.S. with a TN Visa?
The TN Visa is valid for an initial period of up to three years. As long as you continue to meet the visa requirements, you can apply for unlimited extensions in increments of up to three years.
