Non-Permanent Business Visas: Professionals from Canada and Mexico
- General Requirements
- TN Processing Procedures for Canadians
- TN Processing Procedures for Mexicans
- Time Limits on TN Status
- Dependents and Benefits
- List of TN Occupations and Requirements
- FAQs for Professionals from Canada and Mexico
Professionals, who are citizens of Mexico or Canada, in addition to possibly qualifying for H-1B status, may also qualify for TN (Treaty National ) status based upon the North America Free Trade Agreement (NAFTA). Canadians who qualify for TN status are given the classification TN-1. Mexicans who qualify for TN status are given the classification TN-2.
General Requirements
The TN applicant must demonstrate that he/she is:
- A Canadian or Mexican citizen
- Coming to the U.S. to work for an employer in one of the enumerated occupations in Appendix 1603.D.1 to Annex 1603 of the NAFTA treaty
- Possesses the requisite education, licensure and/or work experience set forth in Appendix 1603.D.1 to Annex 1603 of the NAFTA treaty to assume one of the permissible occupations
A Bachelor’s degree or higher is generally required for most of the enumerated occupations. Some of the occupations allow qualifying work experience in lieu of required education. Generally, all foreign degrees must be evaluated to determine if equivalent to a U.S. degree.
TN Processing Procedures for Canadians
Outside the U.S. – Border Application
Canadians may submit their application for TN classification directly at the airport or border port of entry. After approval the applicant is issued a Form I-94 marked “Multiple Entry” with the TN classification. This Form I-94 will be used for all subsequent admissions into the U.S. in TN classification.
Inside the U.S. – Change of Status
If the Canadian applicant is inside the United States in another visa classification, the applicant must apply for a change of status with the appropriate USCIS Service Center. The applicant may not commence employment in TN status until the change of status application is approved. Upon approval of the application, the USCIS issues a Form I-797, Approval Notice.
TN Processing Procedures for Mexicans
Outside the U.S. – Visa Application
Mexicans must submit a TN-2 visa application at a U.S. Embassy or Consulate. After visa issuance, the applicant must apply for entry at a U.S. border post or at the U.S. airport upon arrival in the U.S. The applicant is issued a Form I-94 as proof of lawful admission. This Form I-94 will be used for all subsequent admissions into the U.S. in TN classification.
Inside the U.S. – Change of Status
If the Mexican applicant is inside the United States in another visa classification, the applicant must apply for a change of status with the appropriate USCIS Service Center. The applicant may not commence employment in TN status until the change of status application is approved. Upon approval of the application, the USCIS issues a Form I-797, Approval Notice.
Time Limits on TN Status
TN classification is granted in one year increments. There is no limit to the number of times a TN may be extended. Extensions of TN status for Canadian nationals may be submitted either at a border port of entry, airport or the appropriate USCIS Service Center.
Mexican nationals may only extend their TN status through application for a new TN-2 visa at an overseas U.S. embassy or consulate or via mail with the appropriate USCIS Service Center.
Dependents and Benefits
Spouses and all unmarried children under 21-years old may receive TD status even if they are not Canadian or Mexican citizens. If the spouse and children are Canadian citizens, they must provide proof of citizenship and relation to the TN applicant. The spouse and children will receive Form I-94s endorsed as TD status.
If the spouse and children are not Canadian citizens, they may be required to apply for a visa prior to admission.
FAQs for Professionals from Canada and Mexico (Coming soon)
