TN Visa Overview
NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.
Time Limit: There is a 5 year limit on R-1 status, unless if the employment is seasonal for no more than a 6 month duration per year. After the 5 year limit is met, the R-1 worker would have to leave for 1 year before readmission. Another limitation is that dependents in the US are able to obtain work authorization.
TN Visa Eligibility
Professionals of Canada or Mexico may work in the U.S. under the following conditions:
• Applicant is a citizen of Canada or Mexico;
• Profession is on the NAFTA list;
• Position in the U.S. requires a NAFTA professional;
• Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
• Professional Canadian or Mexican citizen has the qualifications of the profession
Requirements for Canadian Citizens
Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder. To apply for visa, please see the requirements under the section Mexican Citizens – Applying for a TN Visa – Required Documentation.
A Canadian citizen without a TN visa can apply at a U.S. port of entry with all of the following:
• Request for admission under TN status to Department of Homeland Security, Customs and Border Protection, U.S. immigration officer;
• Employment Letter – Evidence of professional employment. See Employment Letter below;
• Proof of professional qualifications, such as transcripts of grades, licenses, certificates, degrees, and/or records of previous employment;
• Proof of ability to meet applicable license requirements;
• Proof of Canadian citizenship- Canadian citizens may present a passport, as visas are not required, or they may provide secondary evidence, such as a birth certificate. However, Canadian citizens traveling to the United States from outside the Western Hemisphere are required to present a valid passport at the port-of-entry;
• Fee of U.S. $50
Requirements for Mexican Citizens
As of January 1, 2004 the procedures were simplified for Mexicans by removing the requirement for petition approval and for filing of a labor condition application. Mexicans are no longer subject to numerical limitation for these professionals. Mexican citizens still require a visa to request admission to the United States.
TN Visa Notes/Exclusions
About the NAFTA Professional Job Series List
For a complete list of professions with minimum education requirements and alternative credentials, see appendix 1603.D.1 on NAFTA’s webpage. With some exceptions, each profession requires a baccalaureate degree as an entry-level requirement. If a baccalaureate is required, experience cannot be substituted for that degree. In some professions, alternative criteria to a bachelor’s degree is listed. For some professions, experience is required in addition to the degree.
TN Visa Family Members
Spouses and children (unmarried children under the age of 21) who are accompanying or following to join NAFTA Professionals (TN visa holders) may receive a derivative TD visa. Applicants must demonstrate a bona fide spousal or parent-child relationship to the principal TN visa holder. Dependents do not have to be citizens of Mexico or Canada. Spouses and children cannot work while in the U.S. They are permitted to study.
Canadian citizen spouses and children do not need visas, but they must have the following documents at the port of entry:
• Proof of Canadian citizenship;
• Proof of relationship to the principal applicant, such as marriage certificate and birth certificate; and
• Photocopies of entry documents of the principal applicant.
Mexican citizen spouses and children must apply for TD nonimmigrant visas at a U.S. embassy or consulate.
If the spouse and children are not Canadian citizens, they must get a TD nonimmigrant visa from a U.S. embassy or consulate. They must contact the U.S. embassy or consulate that serves their area for information on how to make visa applications.
Spouses or children following to join must show a valid I-94, thereby providing proof that the principal TN visa holder is maintaining his/her TN visa status.
TN Visa Processing Times may vary: approx from few weeks to few months
TN Visa Processing Price (Government Filling Fee): from $320 – $1,320 + Consular fee +Translations
TN Visa Processing Price (Average Attorney Fee): from $800 – $1,200
Who Pays The Fee?:
This is dependent on the visa type. In some cases the employer will pay and in some cases, and if it’s a non sponsored visa the applicant would pay. Some employers may request that you pay your own consulate fees and travel to the country, while others may not. It usually depends on the skill level, the type of position and the type of visa. For some visa types it maybe the law of the country that applicants should not pay any fees.
O2 Visa Detailed STEP BY STEP Guide: Request Info
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This info will be a combination of up to date government info, news, outlook and our own substantial knowledge having been in the industry since 1997.The information will be provided free for those that vote, for all others that come after this info is available there will be a charge to cover the cost of research, our expertise and putting it together in a report format.
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