Nonimmigrant Worker

The TN Visa was created for professionals under the North American Free Trade Agreement (NAFTA) which was established for economic trade and commerce between Canada, Mexico and the United States. Under this category qualifying professionals may enter the U.S. to work for a Canadian or Mexican company in the U.S. who is engaged in business activities related to economic trade.

These visas are generally limited to specialty fields or TN Approved Professions and generally require a bachelor’s degree. These approved professions were negotiated between the three countries.

Requirements and Eligibility

TN-1, Canadian Professionals:

  1. Must be a Canadian citizen.
  2. Applicant must intend to engage in employment in an approved profession and have an offer of employment.
  3. A bachelor’s degree or higher is generally required for all approved professions, and if the professions requires licensing, then proof of such will be required as well.
  4. Applicant must have the intention to stay temporarily in the United States.

TN-2, Mexican Professionals:

  1. Must be Mexican citizen
  2. Must intent to engage in employment in an approved profession and have an offer of employment.
  3. A bachelor’s degree or higher is generally required for all approved professions, and if the profession requires licensing, then proof of such will be required as well.
  4. Applicant must have the intention to stay temporarily in the United States.

Period of Stay

For Canadians, the initial period of stay is three (3) years and there is no annual limit on the TN-1 visa.
For Mexicans, the initial period of stay is one (1) year and there is no annual limit on the TN-2 visa.
If TN status is obtained within the United States, the period of stay can be for three (3) years.

Family of TN Professionals

The spouses and children under age 21 are allowed TD nonimmigrant visas, by providing proper supporting evidence of such relationships. Spouses and children cannot work while in the United States, but are allowed to study. Family members must provide an I-94 as proof of TD nonimmigrant status.

Dependents of Canadian citizens

Spouses and children do not need visas, but must provide the required supporting documentation such as:

  • Proof of Canadian citizenship
  • Proof of marriage to the TN visa holder and birth certificate
  • Photocopies of the TN visa holder’s documentation

Dependents of Mexican citizens

Spouses and children need to apply for TD nonimmigrant status at an American embassy or consulate.

Related Forms

Complete Form I-129, Petition for Nonimmigrant Worker