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.
The following are the requirements to be
eligible for the TN Visa:
- The profession be on the NAFTA
list.
- The foreign national must
possess the necessary 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 not 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.
TN-1 Visa
Canadian citizens applying for the TN-1
Visa must provide the following
information at a U.S. port of entry:
- An official request for TN
status.
- Copies of all relevant college
degrees and employment records. This
data should prove the applicant is
sufficiently qualified for the
proposed position.
- A offer of employment letter
from the sponsoring employer.
- A processing fee of $50.
Canadian citizens need
not obtain Labor Certification. They
must simply obtain TN status at a port
of entry, after sufficiently proving
that the proposed stay is of a temporary
nature.
TN-2 Visa
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 nonimmigrant workers on
Form I-129 with the Immigration and
Naturalization Services (INS).
- After approval of the petition,
the foreign national must apply for
a nonimmigrant visa at a U.S.
Consulate in Mexico.
Only 5550 TN-2 Visas
are issued each year to Mexican
citizens. TN-2 candidates presently in
the U.S. under another nonimmigrant
status may wish to apply for a change of
status.
