U.S. Immigration: TN Visa Category

Temporary Work Authorization in the U.S. for Canadian & Mexican Nationals

OVERVIEW
Under the North American Free Trade Agreement (NAFTA), some Mexican professionals and Canadian professionals can enter the U.S. as non-immigrants to engage in professional business and commercial work for a specified period of time. Eligible Canadian and Mexican professionals can apply under the TN visa category which has no quota limits, as the U.S. Citizenship and Immigration Services (USCIS) regulations do not impose a limit on the number of professional workers who can obtain a TN visa every year.

REQUIREMENTS
Regardless whether the applicant is an eligible Canadian or Mexican national, the general requirements for a TN visa under NAFTA stipulate that:

• The applicant must meet certain qualifications for one of the approved professions or occupations listed under NAFTA.
• The applicant must have an offer of employment.
• The applicant must possess the necessary credentials required for the profession.
• The applicant must be a citizen of Canada or Mexico. Landed immigrants or permanent residents of either country do not qualify to enter and work in the U.S. under NAFTA.
• The qualified professional is allowed to enter the U.S. to work on a temporary basis.
  

CANADIAN NATIONALS VS MEXICAN NATIONALS
It is imperative to note that the procedure to apply for a TN granted to a qualified Canadian professional, the TN-1, is different than that of the TN-2 granted to qualified Mexican professionals. For example Canadian citizens can apply directly at the port of entry, while Mexican citizens must apply for a visa at the U.S. embassy or consulate before entering the U.S.

LATEST NEWS
Effective Jan. 17, 2017 there will be a 60-day grace period for non-immigrant workers in the USA following loss of employment. This new rule applies to foreign nationals in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classification to allow them to apply for a change of employer or change of status. READ MORE...

CORPORATE IMMIGRATION MATTER?*
Legal Consultations By Appointment Only

If you wish to obtain a strategic solution or require assistance with a TN visa application, please contact our legal professionals for a consultation. During the consultation you will get a thorough analysis of the TN case, discussion of available options, in-depth information about requirements, government fees, the application process, visa issuance (Mexican citizens only), and the conditions for accompanying dependents or family members.

*Charges apply for legal consultations.