Overview
The TN visa is designated for a category
of professionals listed under the North
American Free Trade Agreement (“NAFTA”),
and is only available for citizens of NAFTA
countries (Mexico and Canada). Aliens coming
to the US to establish a business may do
so under the TN status provided that they
are not the sole shareholder, controlling
shareholder, or owner of that business.
TN Requirements
Under NAFTA, an individual may work in
a professional position provided that:
• The occupation is on the list;
• The position requires an individual
with a professional background;
• The alien has the educational qualifications
for the profession for which he will be
applying; and
• The individual is a citizen of either
Canada or Mexico.
Most professions on the list require a
bachelor’s degree as a minimum requirement.
Some professions require a post-secondary
diploma and three(3) years of experience
in the occupation. If the profession that
you are applying for requires a bachelor’s
degree, you must provide a bachelor’s
degree in the area from a Canada or US institute
& provide proof of the equivalency of
your foreign degree. Under this classification,
it is not possible to show that a combination
of years of experience and education is
equivalent to a bachelor’s degree.
For a complete list of eligible TN professionals
and the educational requirements, please
refer to the TN Professions List.
Maximum Stay in the US
The maximum length of stay for TN applicants
is one year (Mexicans up to three). An applicant
may request extensions of their TN status
in increments of upto one (1) year. There
is no limit to how many extensions the applicant
may request. However, they must satisfy
the immigration officer that their stay
is only temporary, which could get more
difficult after a number of extensions.
Canadians
1. Canadians apply for their initial TN
at the Port-of-Entry. Extensions may be
made at the service centers.
Mexicans
1. The applicant may apply directly at the
Embassy Consulate with extension at the
service centers.
Spouses and Dependent Children
Spouses and dependent children of the alien
are entitled to obtain TD non-immigrant
status in the US. However, they are not
permitted to work.
Dual Intent
It is important to note that dual intent
(the intention of working in the US and
immigrating at a later date) is not permitted.
The TN applicant must show that they have
no intention of immigrating to the US. Should
the applicant decide to immigrate to the
US after already having received his/her
TN status, it is necessary to apply for
another nonimmigrant status that allows
dual intent (such as H-1B), prior to applying
for permanent residence in the US. |
