TN visa

TN VISA
Version en Espanol

Who can utilize the TN visa to enter and be authorized to work in the United States?
The TN visa is utilized by Canadian and Mexican professionals to enter the United States and be authorized to work for a U.S. company. The TN category is also used by professionals who are employees of Canadian and Mexican companies and who need to enter the U.S. to work on projects contracted with a U.S. company.

What are some of the requirements for a Canadian and Mexican professional to enter the United States in TN status?

The intended U.S. activity must be in a profession authorized by INS;
The professional must possess the necessary credentials to be considered a professional by INS. A bachelor or higher degree is usually required, unless the listed profession allows for alternative qualifications; and
An approved labor condition from the U.S. Department of Labor is required for Mexican professionals. No such requirement exists for Canadian professionals.

What is the first step for a U.S. company to bring a Mexican professional under the TN category?
The U.S. company must file a labor condition application with the U.S. Department of Labor having jurisdiction over the location where the Mexican professional will be working.

What is the next step after the labor condition application has been approved?
The U.S. company must file a petition (Form I-129) with the INS Nebraska Service Center once the labor condition application has been approved by the Department of Labor.

What are the procedures for a Canadian professional to enter the U.S. with TN status?
The procedures between Canadian and Mexican professionals are totally different. Canadian professionals may enter the United States simply by providing documentation at the port of entry that they are engaged in one of the designated professions, and they possess the required educational credentials to qualify in the listed profession. Neither a petition (Form I-129) nor an approved labor certification is required for a Canadian professional to enter the United States in TN status.

What is the duration of stay for TN professionals?
An individual may be admitted to the United States in TN status up to a maximum initial period of stay of one year. TN professionals may, however, receive extensions of stay in one-year increments, with no limit on the total period of stay.

May a TN professional bring his or her spouse and minor children to the United States?
Yes. Under the North American Free Trade Agreement (NAFTA), the spouse and unmarried minor children of a TN professional are admitted to the United States as TD nonimmigrants.

Are family members of a TN professional allowed to work while in the United States?
No. Family members of a TN professional are not authorized to work in the United States, unless they have an independent basis for employment authorization. Family members may, however, attend school in TD status.

What are some of the professions that may qualify to receive a TN visa?
Some of these professions are accountant, architect, computer system analysts, economist, engineer, graphic designer, hotel manager, industrial designer, interior designer, land surveyor, landscape architect, lawyer, librarian, management consultant, and mathematician.

It is important to note that the above listed professions are only a portion of the professions listed in schedule 2 of NAFTA.

Disclaimer:
The information contained herein is intended for general informational purposes only. It is not intended as legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Also note that the INS fees are subject to change without notice. For current INS fee information contact the U.S. Immigration and Naturalization Service directly.