The TN non-immigrant classification is a creation of the North America Free Trade Agreement
(NAFTA) which allows the Canadian and Mexican citizens to seek temporary entry into the USA to engage in business activities at a professional level. Examples of the professionals of these two countries who may meet the eligibility criteria range from accountant, engineers and scientists to lawyers and teachers. This non-immigrant status is valid for up to three years and the period of stay can be extended later on.
Who are eligible to be NAFTA Professionals under the TN Visa category?
- The professionals must be citizen of either Canada or Mexico.
- The Profession must qualify the NAFTA regulation.
- The Position in the USA requires a NAFTA professional.
- The professional has prearranged either a full-time or part time job under a U.S. employer.
- The professional has the qualification, meets the specific requirements, education or experience as required by the profession.
Professions that qualify under the NAFTA Regulation
8 CFR 214.6 regulates the meaning of Business activities at a professional level that qualify citizens of Canada and Mexico under NAFTA treaty to work in USA under the TN status. According to 8 CFR 214.6(b), the business activities at a professional level are those undertakings that require an individual to have at least a baccalaureate degree or appropriate credential for successful completion of them. The regulation gives a list of professions in which the applicant shall show business activity at a professional level in its Appendix 1603.D.1. Alongside, the appendix also gives minimum requirements for qualification for each of the job. The complete list of eligible professions can be found at: 8 CFR 214.6 NAFTA Regulations (nafsa.org).
How to Apply?
The applicant must complete the online non-immigrant visa application Form DS-160 and upload photo while completing the online Form DS-160 (not applicable to Mexican Citizens). Afterwards, the applicant will have to, as applies to a regular case, schedule interview at a U.S. Embassy or Consulate. Here the concerned consulate or embassy will charge $160 for applying for TN visa using Form DS160.
Special Arrangements for the Canadian Citizens
The Canadian Citizens are not required to apply for a TN visa at a consulate in Canada. Rather, they may establish eligibility for TN classification at the time they seek admission to the USA by providing documentations to U.S. Customs and Border Protection (CBP) at certain CBP designated U.S. ports of entry or pre-flight inspection station.
While doing so, the applicant must provide to the CBP officer:
- Proof of Canadian Citizenship.
- Contract or Letter of Employment from the employer providing minute details about the
position or professional capacity in which the applicant will work, purpose of employment, length of stay and educational qualifications, evidence of compliance with Department of Homeland Security (DHS) regulation or state laws, and pay arrangements.
- Documentation providing that the applicant meets the minimum education or work experience requirement as stated in the CFR 214.6 and Appendix 1603.3.1 of NAFTA regulation. Credentials evaluation (if the situation demands so) and any applicable fees may also be provided.
- If the applicant’s job requires any form of licensure, then proof of having that.
Alternatively, if USCIS approves From-129 of a Canadian citizen, he or she may apply to CBP for admission to the USA as a TN non-immigrants by providing proof of Canadian Citizenship and Approval Notice from USCIS as to Form I-129.
There is a list of Designated Ports of entry where the TN applicants can get optimized processing. The list can be found at: https://www.cbp.gov/travel/canadian-and-mexican-citizens/traveling-tn-or-l1-
visa-canada. Usually $50 is charged for getting the TN stamped at the CBP ports.
Family of the TN non-immigrants
Spouse and also children under the age of 21 may be eligible for TD non-immigrant status. However, they are not permitted to work during their stay and their TD status cannot be longer the period of time granted to the Principal applicant. They will be able to study in USA nevertheless.
For Canadian Citizens accompanying principal applicant no visa is required. They can enter USA by simply seeking admission at a CBP designated port of entry showing:
- Proof of a Canadian Citizenship
- Proof of Relationship of the spouse or children to the TN non-immigrant.
- Photocopies of the TN non-immigrants’s admission document and proof that that TN nonimmigrant is maintaining his or her TN status.
