TN Visa

This visa is only available to professional workers from Canada and Mexico on a temporary basis for periods up to three years and their extensions of stay can be extended in three-year increments, so long as they satisfy the requirements under the TN program. 

The 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 visas,” for eligible Canadian and Mexican professional workers and also affected terms of admission for Canadians admitted to the U.S. under other nonimmigrant classifications. In September 2018, the United States renegotiated the NAFTA treaty with Mexico and Canada.

The new agreement is called the United States-Mexico-Canada Agreement or USMCA. TN employment must be in a profession listed in the agreement and the employee must possess the credentials required. There is no annual limit on TN-1 admissions. 

TN Canadian or Mexican Citizen under USMCA 

The TN classification applies to a Canadian or Mexican citizen seeking classification as a professional temporarily under the United States-Mexico-Canada Agreement. This classification does not require a petition for employment. Canadian citizens need not obtain TN-1 consular visas, and may apply directly at Class A U.S. ports of entry. Mexican citizens must apply for TN visas at an appropriate U.S. Consulate. Both 

must provide: 

● A statement from the employer with a full description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, and the arrangements for pay or reward; 

● Evidence that the beneficiary meets the education and/or alternative credentials for the activity; 

● Evidence that all licensure requirements, where applicable to the activity, have been satisfied; 

● Evidence of Canadian/Mexican citizenship. 

Dependents 

Dependents (spouses and unmarried children under 21 years of age) of TN professionals are entitled to TD status with the same restrictions as the principal. Dependents may be students in the U.S., but may not be employed under the TD status. 

How can we help 

Ellie Azhang at the Law Offices of Azhang & Associates, Inc. will work closely with you and/or your prospective employer to ensure your petition is accurately completed and filed in a timely manner. If you or a loved one wishes to come to the United States on a TN visa, we recommend you speak with immigration lawyer Ellie Azhang. Ms. Azhang will be able to thoroughly review your specific situation, advise you of the best course of action to take and help you navigate through the process of getting your visa.