TN VISA: Canadian and Mexican Workers

The TN visa is only available to foreign workers from Canada and Mexico applying for one of 65 listed professions. These professional positions (and the minimum requirements for each position) are listed under the North American Free Trade Act (NAFTA). As of October 2008, this visa is given in three-year increments and allows the applicant to apply for extensions in additional three year increments. Theoretically, the TN visa is renewable indefinitely, however DHS will often scrutinize applicants more heavily who have been in the U.S. for numerous years. This visa category allows a wide variety of professionals to work in the U.S. For example, I have obtained TN visas under the following categories: Management Consultant, Computer Systems Analyst, Engineer, Hotel Manager, Scientific Technician/Technologist and Recreational Therapist.

Eligibility Requirements for a TN Visa:

Basic factors determining an applicant’s eligibility include:

Offer of temporary employment or agreement for business services from a U.S. company
The employment should be temporary in nature (under three years), however the status may theoretically be renewed each term without limit
The applicant must meet the minimum requirements for their position, as listed on the NAFTA list
The applicant must demonstrate his or her intent to depart the United States when the authorized stay expires
Must be a citizen of Canada and Mexico

Difference between an TN and H-1B Visa:

Some people prefer this visa to an H-1B because:

In certain cases, a person is not eligible for an H-1B but can still apply for a TN. For example:
Some TN positions do not require attainment of a bachelor’s degree
A person has already exhausted their six year limit in H-1B status
The applicant is in J status but cannot apply for an H-1B due to the two year home residency requirement
The DHS filing fees are much lower for a TN than for an H-1B
There is no limit on the total number of TN admissions that can be granted per year
The H-1B prevailing wage requirements do not apply
Qualified applicants can apply for the TN visa at a port of entry and do not require a visa from the U.S. Consulate, therefore streamlining application procedures (i.e. quick processing times)

Application Procedures for a Canadian and Mexican TN status and Visa:

The application procedures are different for Canadian and Mexican citizens. Canadians submit their applications at the land, sea or air port of entry. Canadians do not need to obtain a TN visa from the U.S. Consulate prior to entry. A Mexican citizen applies directly to the U.S. Consulate for the TN visa and for approval of the underlying TN petition.

Canadian citizens can extend their TN status by mailing in an application to DHS or may re-apply for admission at a U.S. port of entry. Mexican citizens may also extend TN status via mail if present in the United States. However if applying for an extension from abroad, must re-apply for a visa from the U.S. Consulate.

Other Business Visas Which Might Apply:
In addition to TN visas, DHS also grants business immigration visas to foreign workers with bachelor’s degrees, investors, intra-company transfer employees and applicants seeking on-the-job training. Some categories require a bachelor’s degree, but several work visas exist for those lacking a four year college level degree. For more information about these business immigration visas, please read these articles:

If you think you need a lawyer to handle your immigration case, please contact Ms Troy to arrange a consultation to discuss your options. Located in San Francisco, Immigration Attorney Christine Troy can help guide you through the various legal processes and resolve any issues regarding your case. Ms Troy works on cases in San Francisco, the San Francisco Bay Area, Northern and Southern California, across the United States, and internationally.

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