TN Visa FAQs
Q. What is a TN visa?
A. A TN visa is a temporary visa for Canadian and Mexican citizens who will be employed by one or more employers in the U.S. temporarily pursuant to the North American Free Trade Agreement (NAFTA).
Q. Who will qualify for a TN visa?
A. Citizens of Mexico or Canada who work in a professional occupation will qualify for a TN visa. Additional requirements include:
Note: Aliens entering under this classification are considered non-immigrants.
Q. How can I obtain a TN visa as a Canadian citizen?
A. You need to submit the following documentation at the Port of Entry:
Q. How can I obtain a TN visa as a Mexican citizen?
A. You need to provide the following documentation to one of the U.S. Consulates in Mexico to request admission:
Q. Could my dependents come into the U.S. with me on TN visa?
A. Yes. Your spouse and unmarried minor children (under 21) are entitled to enter the U.S. on derivative TD status regardless of their nationality.
Q. Can my dependents work in the U.S. on derivative TD status?
A. No, they cannot.
Q. Can I apply for extension of stay for my TN visa?
A. Yes. Applications for extension of stay are either processed by a Customs Officer at the Canadian Border Post, or by the appropriate USCIS Service Center.
Q. Do I need to have a job offer to apply for the TN visa?
A. Yes. When applying for the TN visa you need to have a job offer. The TN visa Employer Letter, which is part of your TN visa Application, needs to include information regarding your employer, the salary, and how you would qualify for the position.
Q. I had a TN visa already. Do I need to have my TN visa renewal / extension of stay?
A. Each time you apply for a TN visa you will be subject to the same scrutiny by an Immigration Officer. There is a great deal of subjectivity on the TN visa approval process and you might be denied the TN visa even if you were approved before.
Q. What is my chance of success?
A. Generally speaking, the application for a TN visa will be approved in most situations. The purpose of NAFTA is for free trade between countries, and obtaining a visa under NAFTA to work in the United States is achievable for such purpose. However, you still need to make sure that you have met all of the requirements, and be prepared for the interview at the Port of Entry.
Q. I have been denied the TN visa before. What should I do before reapplying?
A. You need to submit a strong visa application package with all the required documentation inside. We recommend working with an experienced attorney on this case.
Q. I have been offered a permanent full-time job. Can I still apply for the TN visa?
A. Yes. A permanent full-time job will not disqualify you for the TN visa. Make sure that your TN visa Support Letter states the correct information and the manner in which you present it during the border interview with the Immigration Officer will determine if you are successful.
Q. Would my employer prepare my TN visa application?
A. Your employer might not know the details of the application and might be hesitant to hire a candidate due to the potential complications. However, if you retain an experienced attorney who is familiar with the application of the TN visa, it will benefit you in numerous ways. The TN visa is always filed by the U.S. employer.
Q. If I want to renew my TN Visa by mail, what kind of documentation do I need?
A. Your employer will need to submit Form I-129 for yourself and Form I-539 for your dependents. You would need to file along with supporting documentation.
Q. Can I travel outside the U.S. on TN visa status?
A. Yes. You are allowed to leave the U.S. and re-enter for the remainder of the period of authorized stay as indicated on Form I-94 (Arrival Departure Record) as long as the original, intended professional activities and employer have not changed. If you are reentering the U.S. from a country outside the Western Hemisphere, you will need to obtain a TN visa stamp in advance.
12/08/10
A. A TN visa is a temporary visa for Canadian and Mexican citizens who will be employed by one or more employers in the U.S. temporarily pursuant to the North American Free Trade Agreement (NAFTA).
Q. Who will qualify for a TN visa?
A. Citizens of Mexico or Canada who work in a professional occupation will qualify for a TN visa. Additional requirements include:
- Your profession is on the NAFTA list;
- You possess the specific criteria for that profession;
- Your prospective position requires someone in that professional capacity;
- You are going to work for a U.S. employer.
Q. How can I obtain a TN visa as a Canadian citizen?
A. You need to submit the following documentation at the Port of Entry:
- Proof of Canadian citizenship by providing a valid passport;
- Photograph of the visa applicant;
- Evidence that the intended U.S. activity is one listed in Appendix 1603.D.1. of NAFTA;
- Evidence that the foreign national has the necessary credentials to be considered a professional in one of the Appendix 1603.D.1;
- Documentation of the arrangement for remuneration for the U.S. activity;
- A statement that the purpose of the entry is temporary;
- Filing fee.
Q. How can I obtain a TN visa as a Mexican citizen?
A. You need to provide the following documentation to one of the U.S. Consulates in Mexico to request admission:
- Form DS-156, Nonimmigrant Visa Application completed and signed;
- Form DS-157, Supplemental Nonimmigrant Visa Application by male applicants between 16 - 45 years of age;
- Proof of Mexican citizenship by providing a valid passport;
- Photograph of the visa applicant;
- Evidence that the intended U.S. activity is one listed in the Appendix 1603.D.1.;
- Evidence that the foreign national has the necessary credentials to be considered a professional in one of the Appendix 1603.D.1 fields;
- Documentation of the arrangement for remuneration for the U.S. activity;
- A statement that the purpose of entry is temporary;
- Visa application fee based on reciprocity.
Q. Could my dependents come into the U.S. with me on TN visa?
A. Yes. Your spouse and unmarried minor children (under 21) are entitled to enter the U.S. on derivative TD status regardless of their nationality.
Q. Can my dependents work in the U.S. on derivative TD status?
A. No, they cannot.
Q. Can I apply for extension of stay for my TN visa?
A. Yes. Applications for extension of stay are either processed by a Customs Officer at the Canadian Border Post, or by the appropriate USCIS Service Center.
Q. Do I need to have a job offer to apply for the TN visa?
A. Yes. When applying for the TN visa you need to have a job offer. The TN visa Employer Letter, which is part of your TN visa Application, needs to include information regarding your employer, the salary, and how you would qualify for the position.
Q. I had a TN visa already. Do I need to have my TN visa renewal / extension of stay?
A. Each time you apply for a TN visa you will be subject to the same scrutiny by an Immigration Officer. There is a great deal of subjectivity on the TN visa approval process and you might be denied the TN visa even if you were approved before.
Q. What is my chance of success?
A. Generally speaking, the application for a TN visa will be approved in most situations. The purpose of NAFTA is for free trade between countries, and obtaining a visa under NAFTA to work in the United States is achievable for such purpose. However, you still need to make sure that you have met all of the requirements, and be prepared for the interview at the Port of Entry.
Q. I have been denied the TN visa before. What should I do before reapplying?
A. You need to submit a strong visa application package with all the required documentation inside. We recommend working with an experienced attorney on this case.
Q. I have been offered a permanent full-time job. Can I still apply for the TN visa?
A. Yes. A permanent full-time job will not disqualify you for the TN visa. Make sure that your TN visa Support Letter states the correct information and the manner in which you present it during the border interview with the Immigration Officer will determine if you are successful.
Q. Would my employer prepare my TN visa application?
A. Your employer might not know the details of the application and might be hesitant to hire a candidate due to the potential complications. However, if you retain an experienced attorney who is familiar with the application of the TN visa, it will benefit you in numerous ways. The TN visa is always filed by the U.S. employer.
Q. If I want to renew my TN Visa by mail, what kind of documentation do I need?
A. Your employer will need to submit Form I-129 for yourself and Form I-539 for your dependents. You would need to file along with supporting documentation.
Q. Can I travel outside the U.S. on TN visa status?
A. Yes. You are allowed to leave the U.S. and re-enter for the remainder of the period of authorized stay as indicated on Form I-94 (Arrival Departure Record) as long as the original, intended professional activities and employer have not changed. If you are reentering the U.S. from a country outside the Western Hemisphere, you will need to obtain a TN visa stamp in advance.
12/08/10