TN visa for Mexicans and Canadians

Under the North American Free Trade Agreement (NAFTA) TN non-immigrant employment-based visas are available for the citizens of Mexico and Canada. 

Who can apply for TN work visas

Citizens of Mexico and Canada, employed in a qualified occupation. The list of qualified occupations is comprehensive and includes accountants, attorneys, doctors, licensed architects, computer systems specialists, engineers, foresters, and hotel managers among others. TN visa includes a more extensive range of specialists than the H-1B visa. For example, graphic designers may find it more difficult to obtain H-1B visa, but are qualified for TN visa. 

The applicants are encouraged to seek advice from a qualified immigration attorney who are familiar with the nuances of this particular visa category.  

Th TN visa requires a full-time or part-time job with a U.S. employer. Self-employment is not permitted.

Requirements for TN visa:

  • Citizenship of Mexico or Canada
  • Minimum bachelor degree education. In some limited cases, professional experience, confirmed by professional license will be accepted in lieu of education.
  • The applicant’s occupation must be on the approved TN visa list.
  • Secured (full-time or part-time) employment with a US employer. 

TN visa is granted for a period of up to 3 years. Prior to the visa expiration date, the visa holder shall apply for an extension. Alternatively, they may leave the US and apply for a new TN visa from abroad.

Spouses and children of TN visa holders

Spouses and children under the age of 21 y.o. receive TD visa and are allowed to remain in the US with the principal visa holder for the duration of their TN visa. Spouses are not allowed to undertake any employment in the US. However, spouses and minor children are allowed to study. 

The application process for the TN visa

In general, TN visa applications shall be submitted to US consulates in Canada or Mexico. However, Canadian citizens may choose to apply for a TN visa at selected US ports of entry.

The following documents have to be submitted (or in case of application at the port of entry, presented to the border officer) for TN visa application:

  • Proof of Canadian or Mexican citizenship (national passport).
  • Foreign education credentials – education diplomas with translation and apostille and transcripts.
  • Any professional licenses.
  • Resume / CV.
  • A contract with a US employer or an employment offer letter.
  • The US employer’s information, such as company annual reports, company brochures, press publications etc.

Each case is fact-specific and consulting with an immigration lawyer is essential.