TN Professionals Under NAFTA
The TN category was developed as part of the North American Free Trade Agreement (NAFTA), to facilitate the entry of Canadian and Mexican citizens to the United States to engage in professional business activities on a temporary basis. Individuals wanting to come to the U.S. in TN status can be admitted for a period of one year and extensions are allowed in one-year increments.
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List of Occupations
Only occupations listed in the NAFTA treaty can serve as the basis for TN employment. The list also stipulates the minimum qualifications for entry into the U.S. for each occupation. The list can be found here
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Application Requirements- for entering the U.S. in TN status.
- proof of Canadian or Mexican citizenship (Mexican citizens must present a passport as proof of citizenship since they are required to have a valid TN visa.)
- A Valid Visa (Mexican citizens only)
- detailed letter from the employer including:
- an affirmation that the profession of the applicant is on the list of occupations
- description of the duties the applicant will perform
- reference to the anticipated length of stay
- a review of the educational qualifications or appropriate credentials demonstrating the applicant has professional level status
- salary
- confirmation that the applicant meets all license requirement
- Evidence that the individual has the required credentials for the job as stated in the NAFTA treaty. This includes diplomas, transcripts, licenses, certificates or other documentation to verify the applicant's credentials. Any credentials obtained outside of the U.S. , Canada , or Mexico should be accompanied by a credentials evaluation.
- If the applicant must have work experience to meet the TN requirements he/she should submit letters from previous employers or business records for proof of self-employment.
- A statement that the purpose of entry to the U.S. is temporary. This can be stated in the employer's letter but should also be articulated by the applicant when asked by the immigration officer
- $50 filing fee (Canadian citizens only). Mexican citizens are not required to pay the $50 filing fee because they have to obtain a visa and pay a visa application fee.
The immigration official will issue you an I-94 Form and it should be marked TN and have a period of validity which is the end date of employment specified in the employer letter or one year, whichever is earlier.
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Travel
U.S. law requires that you carry your immigration paperwork on you at all times. It is highly recommended that you carry the following documents with you when you travel domestically or internationally:
- Your passport
- A valid visa (Mexican citizens only)
- Your I-94 form- If the original I-94 has been lost, a Canadian TN will have to present alternate evidence (e.g. the prior TN fee receipt and a letter from the employer) and a Mexican TN will have to present a valid TN visa an evidence of previous admission in TN status to be readmitted and reissued a Form I-94.
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Dependents
Spouses or unmarried children (under the age of 21) may accompany you to the United States or join you at a later date in the United States. Dependent family members will also be given TD status. Generally, Canadian TDs do not need to obtain a TD visa, but non-Canadian TDs do. Nonimmigrants in TD status may not work but may attend school, either part-time or full-time.
Canadian Citizen Dependents- can either apply for TD status at the same time as the TN or have a copy of the TN's I-94, employment letter and marriage/birth certificate to show proof of a spousal or child relationship with the TN.
Non-Canadian Dependents- spouses and children of Canadians who do not hold Canadian citizenship require TD visas to enter the U.S.. They will have to apply for a TD visa at a U.S. consulate prior to admission to the U.S.. The visa application should include the following:
- TN's letter of employment
- A copy of the TN's I-94 card (if already in the U.S.)
- A letter from the Office of International Services verifying your status- if you are currently in the U.S.
- Evidence of financial support to meet expenses- i.e. letter from OHSU verifying salary, bank statements etc.
- Marriage Certificate or Birth Certificate
- A valid passport
- Form DS-156 (Nonimmigrant Visa Application Form)- available on the Department of State's website at http://travel.state.gov/visa/frvi/forms/forms_1342.html
- Form DS-157 (Supplemental Nonimmigrant Visa Application Form) if applicable- also available on the Department of State's website listed above
- Photograph- must meet Department of State's requirements listed at http://travel.state.gov/visa/immigrants/types/types_1320.html
- Machine Readable Visa (MRV) surcharge fee
- Visa Reciprocity Fee (if applicable)-a listing of visa reciprocity fees is available on the Department of State's website at http://travel.state.gov/visa/frvi/fees/fees_1341.html
The website http://usembassy.stat.gov/ will provide you will information on applying for a visa at U.S. consulates located around the world. You will want to be familiar with the rules and procedures of issuing visas before you apply for yours. Since visa procedures vary depending on what consulate you go to it is recommended that you check the above website for the procedures at the U.S. consulate you plan on going to.
Mexican Citizen Dependents- dependents of Mexican TNs should either apply for their visas at the same time as the TN or at a later date with the following documents:
- TN's letter of employment
- A copy of the TN's I-94 card (if already in the U.S.)
- A letter from the Office of International Services verifying your status- if you are currently in the U.S.
- Evidence of financial support to meet expenses- i.e. letter from OHSU verifying salary, bank statements etc.
- Marriage Certificate or Birth Certificate
- A valid passport
- Form DS-156 (Nonimmigrant Visa Application Form)- available on the Department of State's website at http://travel.state.gov/visa/frvi/forms/forms_1342.html
- Form DS-157 (Supplemental Nonimmigrant Visa Application Form) if applicable- also available on the Department of State's website listed above
- Photograph- must meet Department of State's requirements listed at http://travel.state.gov/visa/immigrants/types/types_1320.html
- Machine Readable Visa (MRV) surcharge fee
- Visa Reciprocity Fee (if applicable)-a listing of visa reciprocity fees is available on the Department of State's website at http://travel.state.gov/visa/frvi/fees
The website http://usembassy.stat.gov/ will provide you will information on applying for a visa at U.S. consulates located around the world. You will want to be familiar with the rules and procedures of issuing visas before you apply for yours. Since visa procedures vary depending on what consulate you go to it is recommended that you check the above website for the procedures at the U.S. consulate you plan on going to.
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