TN VISAS: Professionals Under NAFTA

Who qualifies for a "TN" visa?

The category "Professionals Under the North American Free Trade Agreement" is available only to citizens of Mexico and Canada. Under the North American Free Trade Agreement (NAFTA) a citizen of a NAFTA country may work in a professional occupation in another NAFTA country provided that 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 a U.S. employer. The spouse and unmarried, minor children of the principal alien are entitled to the derivative status, but they are unable to accept employment in the United States. Aliens entering under this classification are considered non-immigrants.

How can a "TN" visa be obtained?

The requirements for Canadians and Mexicans wishing to enter under this classification are not the same. 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 college degree and employment records which establish qualification for the prospective job;

3. A letter from the alien's prospective U.S.-based employer offering him or her a job in the United States, which is included on the professional job series (NAFTA list); 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 Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) at the port of entry. The "TN" status will only be granted if the period of stay is temporary.

The requirements for Mexican citizens are as follows:

1. First, the prospective employer must file a labor condition application;

2. Then, the applicant's prospective employer must file an I-129 "Petition For Non-Immigrant Workers" with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS); and

3. After the petition has been approved, the alien must apply for a non-immigrant visa at a U.S. Embassy or Consulate in Mexico.

How can an application for extension of temporary stay be made?

Requirements for Canadians and Mexicans wishing to renew their "TN" status are not the same. Applications for extension of stay are processed by the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS). Canadian citizens have two options. First , they may have their employer file an I-129 form at the closest regional BCIS office. This option does not require leaving the U.S. Second, Canadians may return to Canada to re-apply at the port of entry with the same documentation that is required for an original application. Mexican citizens must have their employers renew their labor certification and file another I-129 with their regional BCIS office in order to extend their stay.