TN Visa Requirements and Eligibility

October 7, 2021

In 1994, the North American Free Trade Agreement (NAFTA) was implemented between the United States, Mexico, and Canada. As part of NAFTA, the TN Visa program was created to allow professionals from Canada and Mexico to enter the United States, in order to engage in employment and professional level business activities.

Because the terms of TN visa entry, stay, and employment in the United States are implemented by different departments, including the U.S. Immigration Department, State Department, and Customs and Border Patrol, and procedures are different for Canadian citizens and Mexican citizens, it can be confusing to determine the exact terms and requirements of a TN visa. Here is an overview of everything employees and employers need to know about TN visa requirements and eligibility.

What is a TN Visa?

A TN visa is a temporary, non-immigrant visa that allows citizens of Mexico and Canada to enter the United States and conduct particular professional level business activities on behalf of their employer for up to three years.

Who is eligible for a TN Visa?

A person qualifies for a TN visa when they meet the following requirements

Citizenship
- The TN visa is only open to Mexican or Canadian citizens. It is not available to non-citizen residents of those countries.
Profession and credentials
- The TN visa is available to qualified professionals in a wide range of industries, usually requiring at least a bachelor’s degree and other professional certifications. The TN visa applies to only particular occupations and includes professions like accountants, attorneys, veterinarians, scientists, and educators. Here is a complete list of NAFTA approved professions and their required credentials.

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Employment
- TN professionals must be employed by a U.S. or foreign employer, and may not be self-employed. Applicants may present an employment contract or letter to demonstrate employment, or in some instances, employers may complete form I-129 to petition for a visa on behalf of the employee.
Dependents and family members
- People living and working in the U.S. with a TN visa are allowed to bring a spouse and dependent children under the age of 21 through the TD visa process. These dependents are not allowed to work in the U.S., but are allowed to pursue an education on a full-time basis.
Documentation, fees, etc.
- The TN visa application process requires various documents and visa fees. Applicants should present their proof of citizenship, a valid passport, original acceptable educational credentials, work contracts, and other requested documents.

How long does a TN Visa last?

A TN visa is generally granted for an initial period of three years. However, at the discretion of the CBP officer, it can be given for a shorter period. If the TN visa holder is present in the United States and maintaining their status, Applicants or employers can file for an extension using form I-129, without the TN visa holder having to return to their country of citizenship. However, if a TN visa holder is from Mexico, and the TN visa has been extended, and the visa holder travels abroad, they, along with any dependents,may need to apply for a new TN/TD visa at a U.S. embassy or consulate in Mexico before returning to the U.S.

How does a professional get a TN Visa to work in the United States?

The procedure for obtaining a TN visa is different for citizens of Canada than it is for citizens of Mexico. For Canadian citizens, there are two paths for getting a TN visa and entering the United States

The employer completes the I-129 form, it is processed by the USCIS, and the employer receives an approval letter.
The candidate can then appear at one of 14 CPB-designated points of entry, and present
- Proof of Canadian citizenship
- The USCIS Form I-129 approval notice
- Form I-129 supporting documentation, including credentials and certifications
The candidate has an employment contract or letter from their employer detailing the nature of the work and their purpose for being in the United States. The candidate can then appear at one of 14 CPB-designated points of entry, and present
- Proof of Canadian citizenship
- The USCIS Form I-129 approval notice
- Form I-129 supporting documentation, including credentials and certifications

CBP will review the documents and grant a TN visa at that time.

For Mexican citizens, there is only one path for obtaining an initial TN visa and entering the United States. Mexicans seeking a TN visa must schedule an interview at a U.S. embassy or consulate in Mexico, complete a non-immigrant visa application (Form DS-160), and present the following documents:

A valid passport and citizenship documents
An employment contract or letter detailing the nature of the work and the purpose for being in the United States
Original documentation of qualifying licenses, credentials, and certifications
Evidence of compliance with DHS security regulations
Additional documents may be required, especially if the applicant is bringing dependents.

The U.S. State Department will review the application and grant the TN visa.

At the U.S. border, certain healthcare professionals may be required to complete the VisaScreen process.

How can an immigration attorney help?

The truth is, while the terms of a TN visa are defined by NAFTA and governed by the U.S. Citizenship and Immigration Services, the U.S. Customs and Border Protection service regulates actual border crossings, and there can be different interpretations of the TN visa eligibility and requirements between these different agencies.

In order to ensure that all the required documents for the TN visa are in order and approved, and create the smoothest possible border crossing for TN visa holders and their families, the advice of a qualified immigration attorney is strongly recommended. Contacting Farmer Law’s experienced immigration attorneys will help make this process as smooth and successful as possible.

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TN Visa Requirements and Eligibility

What is a TN Visa?

Who is eligible for a TN Visa?

Follow Us On

Have a Question?

More Information from Farmer Law

Immigration Law

How long does a TN Visa last?

How does a professional get a TN Visa to work in the United States?

CBP will review the documents and grant a TN visa at that time.

How can an immigration attorney help?

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