The TN visa is a NAFTA professional visa, which allows citizens of Canada and Mexico, as well as their spouses and children, to temporarily work in the United States. The visa category was created by the North American Free Trade Agreement (NAFTA). NAFTA professional occupations are divided into two categories: Category I is for professionals with a bachelor’s degree or higher, and Category II is for professionals with professional licenses or certification.
TN Visa eligibility
To be eligible for a TN visa, you must have a job offer from a U.S. employer in a NAFTA professional occupation. You must also meet the specific qualifications for that occupation, which are listed in the NAFTA agreement. For example, if you are a doctor, you must have a license to practice medicine in the United States.
Once you have a job offer and meet the qualifications, you can apply for a TN visa at a U.S. consulate or embassy. You will need to submit proof of your qualifications, as well as a letter from your employer
outlining the terms of your employment. If your application is approved, you will be issued a TN visa, which is valid for up to three years.
The TN visa is a nonimmigrant visa, which means that it is temporary and does not lead to permanent residence in the United States. However, you can renew your TN visa indefinitely, as long as you continue to work in a NAFTA professional occupation. You can also apply for permanent residence through another visa category, such as the EB-1 visa for exceptional workers.
TN VISA holder
If you are a TN visa holder, you are allowed to bring your spouse and children to the United States on TD visa. TD visa holders are not allowed to work in the United States, but they can study.
The TN visa is a great option for citizens of Canada and Mexico who want to work in the United States on a temporary basis. If you meet the qualifications and have a job offer, you can apply for a TN visa at a U.S. consulate or embassy. Once you have a TN visa, you can renew it indefinitely as long as you continue to work in a NAFTA professional occupation. You can also bring your spouse and children to the United States on TD visas.
TN visa period of stay
The TN visa is valid for up to three years, and it can be renewed indefinitely as long as the visa holder continues to work in a NAFTA-eligible profession. However, TN visa renewal is possible with documentation; better to check eligibility for renewal.
Qualifications
To qualify for a TN visa, you must have a job offer from a U.S. employer in a NAFTA professional occupation. You must also meet the specific qualifications for that occupation, which are listed in the NAFTA agreement.
Examples of NAFTA professional occupations
There are over 60 NAFTA professional occupations that are eligible for the TN visa. Some examples include:
- Accountants
- Architects
- Computer systems analysts
- Economists
- Graphic designers
- Management consultants
- Medical doctors
- Scientists
Application process
To apply for a TN visa, you will need to submit the following documentation to a U.S. consulate or embassy:
- A job offer letter from your U.S. employer
- Proof of your qualifications for the position
- A completed visa application
- A passport that is valid for at least six months
Once your application is approved, you will be issued a TN visa, which is valid for up to three years.
Spouses and children of TN visa holders
If you are a TN visa holder, you are allowed to bring your spouse and children to the United States on TD visas. TD visa holders are not allowed to work in the United States, but they can study.
Nonimmigrant intent
The TN visa is a nonimmigrant visa, which means that it is temporary and does not lead to permanent residence in the United States. However, you can apply for permanent residence through another visa category, such as the EB-1 visa for exceptional workers. Admittedly, the concept does sound strange given that there is no limit to the number of times a TN visa can be renewed.
Can I change employers while on a TN visa?
Yes, you can change employers while on a TN visa as long as you remain in a NAFTA-eligible profession. You will need to submit a new job offer letter and proof of qualifications to the U.S. consulate or embassy.
What if my TN visa application is denied?
If your TN visa application is denied, you have the right to appeal the decision. You can also reapply for a TN visa at a later date.
NAFTA Strike Provisions
The NAFTA agreement includes strike provisions that allow TN visa holders to remain in the United States during a labor dispute. However, you must be an active participant in the strike, such as working as a picketer, to be eligible for this benefit.
TN visa requirements and application processes
To qualify for a TN visa, you must have a job offer from a U.S. employer in a NAFTA professional occupation. You must also meet the specific qualifications for that occupation, which are listed in the NAFTA agreement.
Applying for TN visa as a Canadian citizen
If you are a Canadian citizen, you do not need a TN visa to work in a NAFTA professional occupation. You can apply for a work permit at the border when you enter the United States. However, if you want to apply for a TN visa before you travel to the United States, you can do so at a U.S. consulate or embassy.
Applying for TN visa as a Mexican citizen
If you are a Mexican citizen, you will need a TN visa to work in the United States in a NAFTA professional occupation. You can apply for a TN visa at a U.S. consulate or embassy.
Change of status from TN visa to TD visa
If you are a TN visa holder and you want to change your status to TD (dependent) visa, you will need to submit the following documentation to the U.S. Citizenship and Immigration Services (USCIS):
- A completed I-539 form
- A copy of your TN visa
- A copy of your passport
- A copy of your I-94 Arrival/Departure Record
- A letter from your employer
- A copy of your marriage certificate or birth certificate (if you are applying for a dependent child)
After your application is approved, you will be issued a TD visa, which is valid for the same period as your TN visa.
