TN Visas

The North American Free Trade Agreement (NAFTA) makes available to some citizens of Canada and Mexico a visa valid for up to one year. This visa as it must be applied for on an annual basis but can be freely extended.

Under NAFTA, a Canadian citizen may work in a professional occupation in the U.S. provided that the following are met:

  1. the profession is on the NAFTA list,
  2. the alien possesses the specific criteria for that profession,
  3. the prospective position requires someone in that professional capacity, and
  4. the alien is going to work for an U.S. employer

The spouse and unmarried, minor children of the TN employee can enter the U.S. as dependents but can't accept employment in the US. Aliens utilizing the TN are considered non-immigrants. Although the substantive requirements of the TN are quite similar to the H-1B visa, the two differ in the area of intent. H-1B visa holders are permitted to have "dual-intent", the intention to stay temporarily in the U.S. and also have the intention to stay permanently. Hence, recipients of the H-1B can also apply for a green card while in H-1B status. Unfortunately, the TN does not permit dual-intent, so planning is necessary when applying for a green card while in TN status to avoid problems with the USCIS.

Citizens of Canada must provide the following at the port of entry:

  1. A request for "TN" status;
  2. A copy of the applicant's qualifications for the prospective job;
  3. A letter from the alien's prospective U.S.-based employer; and
  4. A fee of U.S. $50.00.

Canadian citizens are not required to obtain a visa, but instead receive "TN" status with the Immigration and Naturalization Service (USCIS) at the port of entry. The "TN" status will only be granted if the period of stay is temporary.

Canadians seeking an extension of TN status have two options. First, they may have their employer file an I-129 form at the Nebraska Service Center. This option is advantageous because it does not require leaving the U.S. Moreover, if the application is timely filed, the applicant is permitted to continue working beyond the expiration of the current TN. The second option involves returning to Canada to re-apply at the port of entry. In that situation, the same documentation is required as was presented for the original TN application.

DTG will prepare a letter on your behalf that you present to immigration officials at the border. This letter coupled with some additional documentation such as a Resume, Pay Stubs, Degrees, and proof of Canadian Citizenship are usually all that is required to obtain a TN visa.