The TN visa, introduced under the North American Free Trade Agreement (NAFTA), facilitates professional mobility between the United States, Canada, and Mexico. Qualified Canadian and Mexican citizens can apply for temporary entry into the U.S. under the TN non-immigrant classification for professional business purposes. This visa is available to a range of professionals, including accountants, engineers, lawyers, pharmacists, scientists, and teachers.
Eligibility and Requirements Citizens of Canada and Mexico can qualify for TN status if they have a valid offer of employment in a profession listed under NAFTA. Applicants must meet the educational and experience requirements specific to their occupation. TN status is initially granted for a maximum of three years, with the possibility of indefinite renewals. There is no limit on how many times the TN status can be extended, allowing for several years of legal residency and employment in the U.S. under this classification.
Benefits of the TN Visa The TN visa offers several advantages for professionals seeking to work in the U.S.:
- No annual cap or lottery system: Unlike the H-1B visa, the TN visa does not have an annual quota, making it a more accessible option for eligible professionals.
- Faster processing times: TN visas are typically processed more quickly than H-1B visas.
- No dual intent requirement: TN visa applicants do not need to demonstrate intent to immigrate, which can make it easier to apply for a green card in the future.
- Lower application fees: The TN visa involves fewer costs compared to the H-1B visa.
- Indefinite renewal: While TN status must be renewed periodically, there is no set maximum length of stay.
Limitations of the TN Visa However, the TN visa has certain limitations:
- Only occupations listed under NAFTA are eligible.
- If you change employers, a new TN visa application is required.
Application Process While the qualifications are similar, the application process for the TN visa differs between Canadian and Mexican citizens.
For both groups, the application typically requires:
- A support letter from the employer detailing your role, the relevant NAFTA profession, qualifications, salary, and duration of employment.
- Documentation of qualifications, such as transcripts or certifications (originals are preferred).
- Payment of the application fee.
For Canadian Citizens: Canadian citizens have the option for their employer to submit Form I-129, “Petition for Non-immigrant Worker,” on their behalf. Once approved, you can enter the U.S. with your passport and the USCIS approval notice.
For Mexican Citizens: Mexican citizens must file Form DS-160, “Online Non-immigrant Visa Application,” at a U.S. consulate or embassy in addition to the standard TN application.
The TN visa offers a streamlined process for Canadian and Mexican professionals to live and work in the U.S., with fewer restrictions and faster processing times compared to other visa options. However, applicants must ensure that their profession is covered under NAFTA and comply with renewal requirements. ( Immigration Insights provided by Heta Thakar, – Legal Administrative Manager , WWICS Canada Inc.