Professionals of Canada or Mexico may work in the U.S. under the following conditions:

• Applicant is a citizen of Canada or Mexico ;
• Profession is on the NAFTA list;
• Position in the U.S. requires a NAFTA professional;
• Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer. Self employment is not permitted;
• Professional Canadian or Mexican citizen has the qualifications of the profession

Creation of TN visa

The 1994 North American Free Trade Agreement (NAFTA) makes temporary employment in the U.S. easier for certain Canadian and Mexican workers. NAFTA created a new visa category, "TN," for eligible Canadian and Mexican professional workers and also affected terms of admission for Canadians admitted to the U.S. under other nonimmigrant classifications.

Spouses and Children

Spouses and children (unmarried children under the age of 21) who are accompanying or following to join NAFTA Professionals (TN visa holders) may receive a derivative TD visa. Applicants must demonstrate a bona fide spousal or parent-child relationship to the principal TN visa holder. Dependents do not have to be citizens of Mexico or Canada . Spouses and children cannot work while in the U.S. They are permitted to study.

Canadian citizen spouses and children do not need visas, but they must have the following documents at the port of entry:

• Proof of Canadian citizenship;
• Proof of relationship to the principal applicant, such as marriage certificate and birth certificate; and
• Photocopies of entry documents of the principal applicant.

Mexican citizen spouses and children must apply for TD nonimmigrant visas at a U.S. embassy or consulate.

If the spouse and children are not Canadian citizens, they must get a TD nonimmigrant visa from a U.S. embassy or consulate. They must contact the U.S. embassy or consulate that serves their area for information on how to make visa applications.

Petition Document Requirements

A .For a Canadian citizen :

This classification does not require a petition for employment if the alien is a Canadian citizen and is outside of the U.S. Canadian citizens need not obtain TN-1 consular visas, and may apply directly at Class a U.S. ports of entry. They must provide:

1. A statement from the employer with a full description of the nature of the
2. duties the beneficiary will be performing, the anticipated length of stay, and the arrangements for pay or reward;
3. Evidence that the beneficiary meets the education and/or alternative credentials for the activity;
4. Evidence that all licensure requirements, where applicable to the activity, have been satisfied;
5. Evidence of Canadian citizenship.

 

B. For a Mexican citizen:

An employer in the United States must file the petition and must file it with:

• An application, Nonimmigrant Visa Application, Form DS-156, completed and signed. Applicants are strongly encouraged to submit the electronic version of the DS-156. The DS-156 must be the current version on the Department of State website.
• Supplemental Nonimmigrant Visa Application provides additional information about your travel plans. Submission of this completed form is required for all male applicants between 16-45 years of age. It is also required for all applicants from state sponsors of terrorism age 16 and over, irrespective of gender, without exception. For this purpose national of the following countries designated as state sponsors of terrorism, including North Korea , Cuba , Syria , Sudan , Iran , and Libya must submit the supplemental form. You should know that a consular officer might require any nonimmigrant visa applicant to provide this information.
• A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States .
• One (1) 2x2 photograph. A photograph is not required if you are applying in Mexico .
• Letter of employment in the United States
• Applicants must demonstrate that their stay is a temporary period that has a reasonable, finite end that does not equate to permanent residence.

Length of TN visa

The maximum period of admission into the U.S is one year . The US Citizenship and Immigration Services (USCIS) grant extensions of stay in time amounts of one year. There is no limit on the number of years a TN visa holder can stay in the United States . However, the TN visa status is not for permanent residence.

Extension of Stay

For Canadian or Mexican citizens admitted as a NAFTA Professional may seek an extension of stay, which may be granted up to one year, by:

• If the applicant is in the U.S., employer may file Form I-129 Petition for Non-immigrant Worker with the US Citizenship and Immigration Services' (USCIS) Nebraska Service Center; or
• Applicant may apply at a port of entry using the same application and documentation procedures above as required for the initial entry.

 

Additional Information

• No assurances regarding the issuance of visas can be given in advance. Therefore final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued.
• Unless previously canceled, a visa is valid until its expiration date. Therefore, if the traveler has a valid U.S. visitor visa in an expired passport, do not remove the visa page from the expired passport. You may use it along with a new valid passport for travel and admission to the United States .