The TN visa is a special employment classification for citizens of Canada and Mexico as part of the United States-Mexico-Canada Agreement (USMCA).
The USMCA replaced the North American Free Trade Agreement (NAFTA) on July 1, 2020. Under the USMCA, the requirements for a TN professional have not changed. However, currently, USCIS’ website and some U.S. consulate websites still cite to the NAFTA regulation.
TN Visa Requirements
The TN visa is a temporary nonimmigrant visa, given to workers who meet specific qualifications which are outlined by the U.S. Code of Federal Regulations, specifically 8 CFR 214.6. A U.S. employer must petition for the nonimmigrant worker, who will be the beneficiary of the application, either at the U.S. Consulate, or by filing a Form I-129 and I-129 Trade Agreement Supplement with USCIS.
In this application, the employer must submit the required evidence outlined in the regulation. First, the worker must be a citizen of Canada or Mexico. This can be shown by providing the worker’s passport. Second, because this visa is based on specific employment qualifications under the federal regulations, the job position must fall under one of the jobs listed under 8 CFR 214.6. (See list below) The application must also contain evidence of the worker’s qualifications for the position. This can be established by submitting a copy of their diploma, letters of recommendation from previous employers, and their resume.
Finally, the employer must submit proof that a prearranged job offer exists for the TN position. The easiest way to establish this is for the employer to write a letter of support outlining the job position which it is offering the worker, as well as outline the specific ways that worker qualifies for the offered position. The letter of support should also include information regarding the period of time that the employment is offered for, as well as the salary for the position.
TN Visa Qualifications
In order to qualify for the TN visa, the worker must have a pre-arranged, full-time or part-time job offer with a United States employer (and cannot be self-employment). Furthermore, the worker must qualify for the job position listed under 8 CFR 214.6.
Depending on the position, a baccalaureate or licenciatura degree (the equivalent of a bachelor’s degree) is sufficient, while other positions require a bachelor’s degree (or equivalent) in addition to a certain number of years of experience.
For example, a TN Graphic Designer needs a bachelor’s degree or equivalent, and three (3) years of experience in graphic design or a related field, in addition to the above-mentioned requirements, in order to qualify for the visa.
How Long Does a TN Visa Last?
TN visa holders may be granted an initial visa for up to three (3) years. This means the adjudicating officer may issue a visa for a full three (3) year term or as short as six (6) months if they believe more proof of sustainability of employment is needed.
This tends to occur especially when the category of the offered position is Management Consultant. After that, the visa holder can apply for an extension for one (1) to three (3) years at a time. However, there is no current limit as to how many times the visa-holder can renew their TN visa.
Canadian Citizens
A Canadian citizen has the option to perform this work in the United States without first attending a TN visa interview at a U.S. Consulate in Canada and can receive their TN visa by applying for a TN nonimmigrant status at a U.S. port-of-entry. There, the Canadian citizen will present their application package to CPB at the border and be issued a TN visa that same day.
Mexican Citizens
Mexican citizens are required to apply for a TN visa at the U.S. Consulate to be granted permission to enter the U.S. under this status.
The regulatory list of TN professions includes, but is not limited to the following:
- Medical Professionals
- Scientists
- Accountant
- Architect
- Computer Systems Analyst
- Economist
- Engineer
- Graphic Designer
- Hotel Manager
- Lawyer
- Management Consultant
- Mathematician
Please see the full list at 8 CFR 214.6 or at https://www.nafsa.org/_/file/_/amresource/8cfr2146.htm
Contact us now if you need an immigration lawyer for your TN Visa.