Canadians & Mexicans: Is a TN Visa Right for You?

• You must be a Canadian or Mexican citizen

• Your job position must be listed on the NAFTA professions list.

• You must have prior arrangements with your employer concerning your employment

• You must meet all the educational and experience requirements for the position

• You must show an intention to return home at the expiration of your visa

• The job offer must contain a request for a NAFTA professional

Several professions fall under the approved qualifying professions. These include architects, engineers, chemists, teachers, lawyers, and research assistants. The average processing time for Form I-129 for TN-2 visa applicants is two months.

TN Visa Advantages

Certain benefits are available to TN visa holders, making it a more attractive option than other nonimmigrant visas. Some of these benefits include:

1. Ability to work in the United States: As a TN visa holder, you can engage in business in a professional capacity.
2. Indefinite renewal: TN visas are only valid for three years, but they can be renewed indefinitely as long as you are still working.
3. Quick processing times: TN visas have short processing times, and a decision can be granted at the border on the same day. Canadian citizens, for instance, may apply for a TN visa at the border.
4. No annual quota: There is no annual quota for TN visa applications, and employers can file for a TN visa anytime.
5. TD nonimmigrant status for dependents: Spouses and unmarried children under 21 years of age may accompany TN visa holders through TD visas (TN dependent) and live in the US. However, they cannot work unless they have their own work authorization.

TN Visa Process

The TN visa application process differs for Canadian and Mexican nationals. The procedures for both are discussed below.

TN-1 Visa for Canadian Citizens

As a Canadian citizen, you do not need to apply for a visa through consular processing in your home country unless you plan to bring your spouse and minor children.

Your employer can file Form I-129 (Petition for Nonimmigrant Worker) on your behalf. You may also apply for TN nonimmigrant status at a US port of entry. When making your TN visa application at the border, you must present the following:

• Evidence of your Canadian citizenship

• Letter from your US employer detailing the job offer and educational qualifications

• Credentials evaluation (If applicable)

After submitting your documents, the immigration official will review your application and make a decision based on the evidence provided. The officer will give you an I-94 card (Arrival/Departure Record) if the officer approves your application. As part of your travel record, you will find information about how long you are allowed to stay.

A spouse or child accompanying you must provide proof of their relationship to you, such as a marriage certificate or birth certificate. If you are applying through a consulate, you must follow the same documentation procedures as Mexican nationals.

TN-2 Visa for Mexican Citizens

Mexican citizens must obtain a visa to enter the United States as TN nonimmigrants. If you wish to apply for a TN visa in Mexico, you will have to do so at the US embassy or consulate there.

After attending an interview, you will receive a visa number. If the immigration officers approve your visa, they will issue you a stamped passport. You may then apply for entrance at a US port of entry.