What must I demonstrate to obtain a TN Visa?

One may qualify for a TN visa, if:

• the applicant is a citizen of Canada or Mexico;
• the profession is on the NAFTA list;
• the position in the U.S. requires a NAFTA-approved professional;
• the applicant will work in a prearranged full-time or part-time job for a U.S. employer (self-employment is not permitted);
• the applicant has the qualifications for the profession; and
• the applicant can demonstrate that their stay is temporary

The maximum period of admission into the U.S. is up to three years and extensions of stay are granted in one-year increments. Spouses and children of TN visa holders are issued TD visas. TD visa holders may not work, but are allowed to attend school.

What does my U.S. employer provide me with?

The U.S. employer must provide the applicant with a letter of employment, indicating that the position requires the employment of a person in a professional capacity. The letter must further include the:

• activity in which the applicant will be engaged;
• purpose of entry;
• anticipated length of stay;
• qualifications or appropriate credentials demonstrating professional status;
• evidence of compliance with Department of Homeland Security regulations, and/or state laws; and
• arrangement for pay.

A complete list of qualifying professions can be found here.

What are the specific requirements for a Canadian citizen?

Canadian citizens usually do not need a visa as a NAFTA professional, although a visa can be issued to qualified TN visa applicants upon request. A Canadian citizen without a TN visa can apply at a U.S. port of entry with the following documentation:

• An online Nonimmigrant Visa Electronic Application, Form DS-160 found here;
• A letter of employment;
• Proof of professional qualifications;
• Proof of ability to meet license requirements;
• Proof of Canadian citizenship; and
• A fee* of U.S. $160.

Unlike Canadian citizens, Mexican citizens cannot apply for a TN visa at a port of entry. They must apply for their TN visa at a U.S. embassy and undergo an interview. Each Mexican applicant for a TN visa must submit:

• An online Nonimmigrant Visa Electronic Application, Form DS-160 found here;
• A passport valid for travel to the U.S. with a validity date at least six month beyond the applicants intended period of stay;
• One 2" x 2" photograph (a photograph is not required if applying in Mexico);
• A letter of employment;
• A fee* of U.S. $160

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.