Under the North American Free Trade Agreement (NAFTA), certain citizens of Canada and Mexico are eligible to enter the U.S. under the nonimmigrant TN status. The TN Visa enables Canadian and Mexican citizens to temporarily work in U.S. in a NAFTA-approved professional occupation. TN status can be granted for a period of one year. TN status can be renewed annually, as long as the applicant can show that the proposed stay continues to be of a temporary nature.
The following are the requirements to be eligible for the TN Visa:
- The profession must be on the NAFTA list.
- The foreign national must possess the necessary education or training for that profession.
- The proposed position must be classified as a professional position.
- The foreign national must work for a U.S. employer.
Canadian Citizens may apply for the TN-1 Visa, and Mexican citizens may apply for the TN-2 Visa. Please note that the process to obtain a TN-2 Visa is much more complicated than that of the TN-1.
Spouses and/or unmarried children under the age of 21 are eligible to enter the U.S. under the derivative TD-1 and TD-2 visas. Family members are not required to be Canadian or Mexican citizens, and are eligible to remain in the U.S. for the duration of the TN Visa holder’s stay. They may either accompany the TN Visa holder to the U.S. or come at a later time.
Mexican citizens are eligible to apply for the TN-2 Visa. Interested applicants must meet the following requirements:
- The sponsoring employer must file a Labor Condition Application with the Department of Labor (DOL).
- The employer must also file a petition for non-immigrant workers on Form I-129 with the U.S. Citizenship & Immigration Service (USCIS).
- After approval of the petition, the foreign national must apply for a non-immigrant visa at a U.S. Consulate in Mexico.
Only 5,550 TN-2 Visas are issued each year to Mexican citizens. TN-2 candidates presently in the U.S. under another non-immigrant status may wish to apply for a change of status.