TN NAFTA Professionals

For qualified Canadian and Mexican citizens seeking temporary professional employment in the United States

Overview

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers.

General Eligibility Criteria

1.You are a citizen of Canada or Mexico
2.Your profession qualifies under the regulations
3.The position in the United States requires a NAFTA professional
4.You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment - see documentation required below)
5.You have the qualifications of the profession

Eligibility Criteria for Canadian Citizens

Application Process

If you are a Canadian citizen, then you are not required to apply for a visa with a U.S. consulate or file a petition with U.S. Citizenship and Immigration Services (USCIS). You can request admission as a TN nonimmigrant at a U.S. port of entry.

Required Documentation

You must provide the following documentation:

  • Proof of Canadian citizenship
  • Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, your educational qualifications
  • Credentials evaluation (if applicable)

Admission Process

If you are eligible following inspection by a U.S. Customs and Border Protection (CBP) Officer, then you will be admitted as a TN nonimmigrant. Form I-94, Arrival/Departure Record, will be evidence of your admission.

Eligibility Criteria for Mexican Citizens

Application Process

If you are a Mexican citizen, then you are not required to file a petition with USCIS. However, you are required to obtain a visa to enter the United States as a TN nonimmigrant.

You should apply for a TN visa directly at a U.S. embassy or consulate in Mexico. See the Department of State link to the right "Mexican and Canadian NAFTA Professional Worker."

Admission Process

Once you are approved for a TN visa you may apply for admission at a United States port-of-entry. If you are eligible following inspection by a CBP Officer, then you will be admitted as a TN nonimmigrant. Form I-94, Arrival/Departure Record, will be evidence of your admission.

Period of Stay/Extension of Stay

Initial Period of Stay

Up to 3 years

Extension of Stay

If you wish to stay beyond the time indicated on Form I-94, you must seek an extension of stay. If you are in the United States, your employer may file Form I-129, Petition for Nonimmigrant Worker, with USCIS.

Note: You may apply at a port of entry using the same application and documentation procedures required at the time of your initial entry.

Family of TN Visa Holders

TD Nonimmigrant Status

Any accompanying or following to join spouse and children under the age of 21 may be eligible for TD nonimmigrant status. They must demonstrate a bona fide spousal or parent-child relationship to you.

Important: Spouses and children cannot work while in the United States, but they are permitted to study.

Canadian Citizen's Dependents

Any spouse and children of a Canadian citizen do not need visas, but they must provide the following documentation at the port of entry:

  • • Proof of Canadian citizenship
  • • Proof of relationship to the TN nonimmigrant, such as a marriage certificate or birth certificate
  • • Photocopies of the TN nonimmigrant's entry documents

Mexican Citizen's Dependents

Any spouse and children of a Mexican citizen must apply for the TD nonimmigrant status at an American embassy or consulate.

Dependents Following to Join

If any spouse and children are following to join the TN nonimmigrant, then they must show a valid Form I-94 as proof that the TN nonimmigrant is maintaining his or her TN nonimmigrant status.

Eligible NAFTA Professions

Business & Finance

  • • Accountants
  • • Economists
  • • Financial Analysts
  • • Management Consultants
  • • Urban Planners

Science & Technology

  • • Engineers
  • • Scientists
  • • Computer Systems Analysts
  • • Research Assistants
  • • Technical Publications Writers

Healthcare

  • • Pharmacists
  • • Medical Technologists
  • • Physical Therapists
  • • Occupational Therapists
  • • Veterinarians

Education & Legal

  • • Teachers
  • • Lawyers
  • • Librarians
  • • Social Workers
  • • Vocational Counselors

Key Requirements Summary

Must be citizen of Canada or Mexico
Profession must qualify under NAFTA regulations
Must have prearranged job with U.S. employer
Must have proper qualifications for profession
No self-employment allowed
Different process for Canadians vs Mexicans
Maximum initial stay of 3 years

Canadian vs Mexican Citizens

Canadian Citizens

  • • No visa required
  • • No USCIS petition required
  • • Apply directly at port of entry
  • • Simpler process
  • • Dependents don't need visas

Mexican Citizens

  • • TN visa required
  • • No USCIS petition required
  • • Apply at U.S. embassy/consulate
  • • More complex process
  • • Dependents need TD visas

Benefits of TN Status

Professional Opportunities

  • • Work in professional positions
  • • Access to U.S. job market
  • • Competitive salaries
  • • Career advancement

Family Benefits

  • • Spouse and children can accompany
  • • Children can attend U.S. schools
  • • Family unity maintained
  • • Educational opportunities

How Our Firm Can Help

Legal Services

  • Eligibility assessment for TN status
  • Employer letter preparation
  • Credentials evaluation assistance
  • Port of entry preparation

Ongoing Support

  • Extension of stay applications
  • TD dependent visa applications
  • Status maintenance guidance
  • Compliance monitoring