TN Visas: Trade NAFTA Visas

To create better relationships between the countries of North America, in 1994 the United States, Canada and Mexico signed the North American Free Trade Agreement (NAFTA). The agreement provides economic and trade benefits among the three countries.

In order to allow citizens of the three nations to travel and work in cooperation, the United States created a special nonimmigrant visa for Canadians and Mexicans only: the Treaty National Professionals visa (TN visa, also known as the Trade Nafta visa). It allows citizens of Canada and Mexico to work and live in the U.S. temporarily (that is, it is a nonimmigrant visa.)

The principal advantages of TN visas in comparison with other visa categories include:

• Relatively easy and quick to obtain
• For Canadians, it may be obtained at the U.S. border with no petition necessary. This means the applicant need not take the time to make an appointment at a U.S. embassy or consulate
• Beneficial for those employers who need to hire a foreign national quickly

The TN visa has many advantages, but there are also a few restrictions, such as:

• You cannot get a TN visa for a self-owned business or self-employment
• The TN visa is not of dual intent, which means that if you apply for permanent residence (a green card), your TN visa status is at risk
• After your TN visa expires, if you have not extended it, you must depart from the US immediately. There is no grace period which allows you to stay for some period of time after your visa expires until you can make arrangements to return

The TN Visa and the Similar H-1B Visa

The TN Visa USA is quite similar to the H-1B visa; however, there are a few key differences:

• The TN visa does not require employers to have a Labor Condition Application (LCA) from the Department of Labor. This means that there are no specific conditions on the work environment nor a requirement that a prevailing wage be determined by the government. The wage is up to the agreement of the employer and employee.
• There is no need for sponsoring. This makes the fees for the employer and employee very low. The employer does not have to pay the listed fees as in the H-1B visa, except for the Form I-129 petition fee (and a premium processing fee of $1,225, only if desired).
• Unlike the H-1B visa, you do not have a maximum amount of time that you may stay in the U.S. and then must leave. The TN visa allows for indefinite extensions. However, if you want to get a permanent residence visa (a Green Card) you may run into some problems.
  • To obtain the TN visa you must already have proved you have strong ties to your home country, and you stated that you intend to return after your employment is over. Unlike the H-1B, the TN visa is not a “dual intent” visa (intending both to stay and to leave, depending on what visa you are granted). If you file for a green card, you risk the status of your TN visa.
• There are no caps to the TN visa. Whereas the H-1B visa has a cap – only 65,000 people are allowed to enter the country per year on an H-1B visa –, the TN visa does not have a limit.

What Jobs Qualify for a TN Visa?

The TN visa is only available to people who are offered a “professional” job position and who qualify for it. There are 63 occupations named in the NAFTA agreement as those that qualify as “professional.”

These include engineers; lawyers; doctors; dentists; nurses; physical, recreational and occupational therapists; many types of scientists; teachers; computer systems analysts; interior designers; librarians; social workers; vocational counselors; dietitians; pharmacists; psychologists; and veterinarians.

Who is Eligible for TN Visas?

The general requirements for people to qualify for the TN visa are:

• Applicants must be citizens of Canada or Mexico
• Their occupation must be on the NAFTA list
• They must have a job offer from an employer in the U.S. (they cannot be self-employed)
• The job offer should match what one would expect it to
• The applicant must meet all educational and experience requirements
• The applicant must demonstrate the intent to return home after their visa expires

The educational requirements can be found in the NAFTA occupations list. Most of them require at least a Bachelor’s Degree. If the degree is from outside of the US, a copy of the diploma must be notarized and verified for it to be accepted.

Work experience alone cannot replace education; on the other hand, some of the positions require experience along with the appropriate college degree. To prove work experience, the applicant must submit letters from past employers which provide details about the job.

How Do You Apply for the TN Visa?

To apply for the TN visa, you need to follow these steps:

1. File Form DS-160 online and get the confirmation page and code
2. Pay the visa application fee of $160 (for Mexican citizens only) and any other applicable fees
3. Schedule your visa interview with the embassy or consulate nearest you
4. Submit a file with these documents:
   1. `Proof of your citizenship
   2. A passport valid for more than 6 months after your stay in the US is completed
   3. Passport-style photographs
   4. Receipts that prove you have paid your fees
   5. A letter from your employer which states you have a job in the US with the following details:
      1. The occupation in which you will work
      2. The length of the employment
      3. A detailed description of the job
      4. The educational and experience qualifications for the job
      5. Financial compensation
5. Attend your interview. You will be asked about your background, the reason for traveling to the U.S., and details about your employer. You will also be required to show that you can support any dependents you will be bringing. Finally, you will be required to demonstrate that you have sufficient existing ties to your home country to make it believable that you will return when your visa expires.

Can I Bring My Spouse and Children With Me?

If you are granted a TN visa, your spouse and unmarried children under 21 years old will qualify for derivative status visas (TD category).

The TD visa is not necessary for Canadian spouses or children. They can go to a US port of entry and show proof of the TN visa holder’s status and their relationship, such as a marriage or birth certificate. The TD visa is necessary for Mexican spouses and children. They must apply at a U.S. Embassy and get the visa before they can leave for the U.S. to join their spouse or parent.

The TD visa is only for accompanying the primary TN visa holder. Those with a TD visa are not allowed to work, but can enroll in studies. Their status is completely dependent on the TN visa. This means that they can stay in the US as long as the TN visa is still valid. If the TN visa holder extends their stay, the TD visa dependents are also eligible to file for an extension also.

Do I Need a Lawyer for Assistance with a TN Visa Application or Extension?

There are dozens of different visas available to people entering the U.S. In your case, a TN visa may be preferable over other categories of visas. If you have any questions, concerns, or legal inquiries regarding the options that are available to you, you should consult with an immigration lawyer immediately.

Remember that any errors or mistakes made in applying may prolong the process, and can sometimes result in a denial of the application. Your attorney can help you file an application or extension in a timely manner within the specified time frame.