TN Treaty NAFTA Visa

TN Visa The TN category is special category created under USMCA (previously NAFTA) for qualifying professionals who are nationals of Canada or Mexico. Foreign nationals qualified to enter the UNITED STATES under this category may work for a company located in the UNITED STATES for a temporary period. Moreover, they may also work for a Canadian or Mexican company in the UNITED STATES when those companies are engaged in projects with UNITED STATES based companies.

The initial time limit for a TN professional to work in the UNITED STATES is three years. However, this period may be renewed for three years’ interval indefinitely.

A foreign national must possess the necessary credentials to be considered a qualifying professional under this category. Generally, a Bachelor's degree or higher is usually required to be considered a professional in the TN category. Furthermore, the foreign national must intend to depart the UNITED STATES upon completion of his authorized status.

Mexican nationals are required to have TN-2 visas before they may be admitted to the UNITED STATES in this status, whereas Canadian nationals need only apply with the USCIS at the border and bypass the visa requirement.

To be qualified as a TN-1, a Canadian professional should meet the following qualification:

  • The applicant must be a Canadian citizen.
  • The applicant must intend to engage in employment in an approved profession and have an offer of employment. For a list of professions listed for this class, please click here: https://www.nafsa.org/sites/default/files/media/document/appendix2professionals.pdf
  • The applicant must possess the necessary credentials to be considered a professional in the approved profession the applicant is applying under. A bachelor's degree or higher is usually required for all approved professions on the list. If the profession requires licensing, then the applicant must possess the requisite license.
  • The applicant must intend to stay in the UNITED STATES for a temporary period.

As nationals of Canada, foreign nationals who qualify for TN-1 status are not required to obtain a visa. Therefore, they may apply directly to the USCIS for TN-1 status at the border. The applicant simply presents his/her evidence to the USCIS at the border and an interviewing officer reviews the evidence and makes a determination of the applicant's qualifications for TN-1 status based on his/her review of the submitted material. If approved, the applicant is given an I-94 and proceeds to enter the UNITED STATES

To be qualified for a TN-2, a Mexican professional should meet the following qualification:

  • The applicant must be a Mexican citizen
  • The applicant must intend to engage in employment in an approved profession and have an offer of employment. For a list of professions listed for this class, please click here: https://www.nafsa.org/sites/default/files/media/document/appendix2professionals.pdf
  • The applicant must possess the necessary credentials to be considered a professional in the approved profession the applicant is applying under. A bachelor's degree or higher is usually required for all approved professions on the list. If the profession requires licensing, then the applicant must possess the requisite license.
  • The applicant must intend to stay in the UNITED STATES for a temporary period.

The applicant must take all the necessary documentary evidence of employment and education the UNITED STATES Consulate where the applicant applies for a visa. As those seeking TN-2 status are Mexican nationals, they are required to obtain a TN-2 visa to come into the UNITED STATES. If a TN-2 visa is issued, then the applicant proceeds to the border and applies for entry into the UNITED STATES

Certain family members of TN visa holders may also accompany the TN visa holder as dependents. A TN visa holder may be accompanied or followed by spouses and unmarried children who are under 21 years of age.  Spouses of TN visa holders cannot apply for work authorization.

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