The Period of Stay for a TN Visa

The initial period of stay in the United States on a TN visa is up to three years. A TN visa is renewable, and there's no limit to how many times you may extend your stay in the U.S. This means you may be able to live and work in the United States for many years, as long as you continue to qualify as a NAFTA professional and maintain your Canadian or Mexican citizenship.

Who Qualifies for a TN Visa?

You must be:

• A Canadian or Mexican citizen (permanent residents of either country are not permitted to use TN visas)
• Qualified under an accepted NAFTA profession
• Accepting a job in the U.S. that requires a NAFTA professional
• Hired for a part-time or full-time job with a U.S. employer (self-employment is not permitted. Also, you are not allowed to open a business in the U.S. and work for the business)
• Credentialed and meet the educational requirements of the position you are accepting (for example, having a bachelor’s or master’s degree)

There are different requirements for Canadian and Mexican applicants. Your attorney can ensure that you meet the necessary criteria based on your current citizenship.

Requirements for Canadian Citizens Who Need TN-1 Visas

If you’re a Canadian citizen, you don’t need a TN-1 visa in order to come to the U.S. to work as a NAFTA professional. You may apply for TN nonimmigrant status at the time you seek admission to the U.S. by providing the U.S. Customs and Border Protection officer at specific ports of entry, or at a designated pre-clearance/pre-flight inspection station, with the following:

• Proof of your Canadian citizenship
• A letter from your prospective employer detailing important information, such as what professional capacity you will be working in, the purpose of your employment, how long you intend to stay, and your educational qualifications
• A credentials evaluation, if applicable
• Applicable fees

Your employer can file for a TN-1 visa on your behalf, as well, by filing Form I-129, Petition for Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS).

You do have to get a NAFTA professional visa if you are a Canadian citizen residing in a third country (not Canada or the U.S.) and have a non-Canadian spouse or children, and if you plan to enter the U.S. as a NAFTA professional with your family members. If you do not have this visa, your spouse and children cannot apply for derivative TD nonimmigrant visas.

Requirements For Mexican Citizens Who Need TN-2 Visas

If you’re a Mexican citizen, you must obtain a visa prior to your arrival in the United States. You should apply for a TN-2 visa at a U.S. embassy or consulate in Mexico. You’ll need to submit Form DS-160, which is a nonimmigrant visa application, as well as other paperwork and documentation, which includes:

• A passport that’s valid for travel to the U.S.
  • The passport should be valid for a minimum of six months beyond your stay in the U.S.
• A letter or contract of employment demonstrating that you’ve been offered a job in the U.S. Just like the letter of employment required of a Canadian citizen, this letter should detail your job description, your projected period of stay, and provide information regarding your education and credentials
• Proof that you satisfy the minimum requirements for education and work experience, which may include:
  • Degrees, certificates, and licensure
  • Letters from past employers

You will have to attend a visa interview where you may be required to submit a digital fingerprint scan as a part of a collection of biometrics, which are a set of data that can include your digital fingerprints, signature, and photo. (This data is collected to confirm your identity, as well as perform criminal background and security checks). You’ll be notified if your visa is approved. Once the TN-2 visa is in your possession, you may seek admission to the United States at a port of entry.

Can Your Family Accompany You to the U.S. if You Have a TN Visa?

Your family may be able to accompany you to the United States if you’re coming here on a TN-1 or TN-2 visa. If your family members are not citizens of Canada or Mexico, they may each need a visa. Your attorney can check with the U.S. Department of State to determine what they need to do to qualify, but in any case, your family members will need to provide:

• Proof of a bona fide spousal or parent-child relationship with you
• Proof that you are maintaining your nonimmigrant status
  If your family members are Canadian citizens, they do not need a visa to come to the U.S. with you. They do need to provide:
• Proof of Canadian citizenship
• Proof of their relationship to you, such as a marriage certificate or birth certificates
• Photocopies of your admission documents
• Proof that you are maintaining your TN nonimmigrant status
  If your family members are Mexican citizens, they do need a visa. Specifically, each family member must apply for a TD nonimmigrant visa at an American embassy or consulate. They must also provide proof that you, the TN-2 nonimmigrant, are maintaining your nonimmigrant status.