TN Visa: NAFTA Professionals

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may be eligible for TN nonimmigrant status, if:

• You are a citizen of Canada or Mexico;
• Your profession qualifies under the regulations;
• The position in the United States requires a NAFTA professional;
• You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment – see documentation required below); and
• You have the qualifications to practice in the profession in question.

The Process

Mexican Citizens

As a Mexican citizen, you must secure a visa to enter the United States as a TN nonimmigrant. You should submit your TN visa application directly at a U.S. embassy or consulate in Mexico

Once your TN visa is approved, you can apply for admission at specific CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station.

Canadian Citizens

If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate. 

You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP office:

• Proof of Canadian citizenship;
• Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications; and
• Credentials evaluation (if applicable), together with any applicable fees.

How long is a TN-Visa Valid?

The TN visa is originally valid for up to three years at a time.

If you wish to remain in the United States beyond your initial period of stay without first departing from the United States, you must seek 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 designated 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 of TN Nonimmigrants- Family Members

The United States also allows their spouse and unmarried, minor children to accompany them into the U.S. These immediate family members do not require a specific visa if they are Canadian citizens; they need only meet U.S. Customs and Border Protection requirements for admission at any port of entry.

Similar to how Mexican citizens must meet separate criteria to obtain their TN visa, their families must go through a separate process to join them in the U.S., as well as obtain a visa to enter. Mexican citizens must apply for TD non-immigrant visas and prove that the TN visa holder’s status is valid.

Benefits of TN-Visa

With a TN visa, you can initially stay in the U.S. or up to 3 years. Also, you are able to renew your status without leaving the U.S and offers the opportunity for family members of the TN visa recipient to gain access or visas.

Experienced Attorneys at Your Side

At McFarling Cohen Fic & Squires, we understand the difficulties of building a workforce to fill essential roles. Our priority focus is to help companies safely and legally transition their employees across borders. Our team has the extensive knowledge to assist with your needs during your application process.