TN Visa Eligibility

To be eligible for a TN visa, you must be employed in one of the TN vocations in the US. You must also meet the educational and credentialing requirements of your profession.

The NAFTA Treaty is the foundation for the TN visa and the term Trade NAFTA is abbreviated as TN. Your spouse and children are eligible for TD status if you have a TN visa. Your spouse and children will be unable to work while on TD status, but they will be able to attend school.

The employer’s primary responsibility is to hire a competent NAFTA applicant and provide a letter of employment, contract, or job offer.

The TN Visa Process

The process for obtaining a visa differs depending on whether the company is hiring Canadian or Mexican nationals. If a company wants to employ a NAFTA worker from Canada, they must first propose a job to a skilled individual.

Without applying for a visa ahead of time, the Canadian applicant can apply for the TN-1 visa at a specified port of entry or a chosen clearance examination station after being selected for a post.

Credentials are necessary for the job they will be doing in the US, such as any degrees or licenses required. Some of the requirements include a memo from the sponsoring company stating the objective of the post, the work or job duties to be completed, the applicant’s qualifications for the job, and the expected duration of stay.

  • The fee for the application must be paid.
  • Identification as a Canadian citizen.

If a company wants to employ Mexican residents, the procedure is a little different, but it starts with a prospective job proposal from an American company for a post that qualifies. Professionals from Mexico must then apply for a TN visa prior to departing their native country, as they are unable to come into the US without one. Before entering the US, Mexican citizens must complete a few processes in order to obtain a TN-2 visa.

Under both scenarios, a U.S. employer may file a Form I-129 Petition for Nonimmigrant Worker

Duration of Stay

A professional with a TN visa can stay in the US for up to 3 years. The length of time a TN visa holder is permitted to remain in the US is determined by several variables, including the estimated duration of their professional activity in the US.

In some circumstances, this visa can be extended. To petition for an extension, the visa holder’s U.S. employer must fill out Form I-129. A different alternative is to leave the US before the visa expires and request for a visa extension at a preflight examination location or a specified place of entry.

Attorney Ingrid Borges Perez speaks
English, Portuguese, and Spanish

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