1. What is a TN Visa?
The TN (Treaty National) visa is a non-immigrant work visa that allows Canadian and Mexican citizens to work in the United States under the United States-Mexico-Canada Agreement (USMCA), formerly NAFTA. It is designed for professionals in specific occupations who have a job offer in the U.S.
2. Who is Eligible for a TN Visa?
Eligibility Requirements:
- Citizenship: Must be a citizen of Canada or Mexico.
- Profession: Your occupation must be listed under the USMCA’s approved list of professions (e.g., accountants, engineers, teachers, scientists).
- Job Offer: You must have a job offer from a U.S. employer for a role that aligns with your profession.
- Qualifications: Meet the educational and professional requirements for your occupation.
- Non-Immigrant Intent: Demonstrate that you intend to return to your home country after your TN status ends.
3. Key Features of the TN Visa
- Duration: Initially granted for up to 3 years, with unlimited renewals.
- No Cap: Unlike H-1B visas, there is no annual cap for TN visas.
- Dependents: Spouses and unmarried children under 21 can accompany the TN visa holder under TD status (not eligible to work).
- No Sponsorship Required: TN visas do not require a Labor Condition Application (LCA) or employer sponsorship.
4. TN Visa Approved Professions
The USMCA specifies more than 60 eligible professions, including:
- Accountants.
- Architects.
- Engineers.
- Management Consultants.
- Scientists (e.g., biologists, chemists).
- Teachers (college and university level).
- Medical professionals (e.g., registered nurses, dentists).
A full list is available on the USCIS TN Visa Professions page.
5. Application Process for Canadian Citizens
Step 1: Job Offer from a U.S. Employer
Secure a written offer of employment specifying the job role, duties, and duration.
Step 2: Gather Required Documents
- Proof of Canadian citizenship (passport).
- Job offer letter from a U.S. employer.
- Proof of qualifications (degrees, certifications, or professional licenses).
- Evidence that the job aligns with a USMCA profession.
Step 3: Apply at a U.S. Port of Entry
- Canadian citizens can apply directly at a U.S. port of entry, such as an airport or land border, without needing a visa stamp.
Step 4: Pay Fees and Provide Documentation
- Submit required documents, pay the TN visa fee (usually $50–$60), and complete an interview with Customs and Border Protection (CBP).
6. Application Process for Mexican Citizens
Step 1: Job Offer from a U.S. Employer
Secure a written job offer detailing your role and qualifications.
Step 2: Apply for a TN Visa
- Submit Form DS-160 (Nonimmigrant Visa Application) online.
- Pay the visa application fee ($190).
Step 3: Attend a Consular Interview
- Schedule and attend an interview at a U.S. embassy or consulate in Mexico.
- Bring required documents, including your passport, job offer letter, and proof of qualifications.
Step 4: Enter the U.S.
Once your visa is approved, you can travel to the U.S. and present your documents at the port of entry.
7. Required Documents for a TN Visa
1. Job Offer Letter:
- Must include job title, description, and confirmation that the role is temporary.
2. Proof of Citizenship:
- Valid passport for Canadian or Mexican citizens.
3. Proof of Qualifications:
- Educational degrees, transcripts, certifications, or licenses.
- Professional references or work experience letters, if required.
4. Supporting Documents:
- Evidence that the role is one of the approved USMCA professions.
8. TN Visa Fees
- Application Fee: $190 (for Mexican citizens applying at a U.S. consulate).
- Processing Fee: $50–$60 (for Canadian citizens applying at a U.S. port of entry).
9. TN Visa Renewal Process
- TN visas can be renewed indefinitely in 3-year increments.
- Submit a renewal application through the same process as the initial application.
- Alternatively, Mexican citizens can reapply for a new TN visa at a U.S. consulate, and Canadian citizens can apply at a port of entry.
Frequently Asked Questions (FAQs)
1. What is a TN visa, and who is eligible?
The TN visa is a U.S. non-immigrant work visa for Canadian and Mexican citizens under the USMCA agreement, available for approved professions.
2. How long can I stay in the U.S. on a TN visa?
The initial duration is up to 3 years, with unlimited renewals.
3. Can TN visa holders apply for a Green Card?
Yes, but the TN visa requires non-immigrant intent, so transitioning to a Green Card requires careful planning.
4. Do TN visa holders need employer sponsorship?
No, TN visas do not require sponsorship, but you must have a job offer from a U.S. employer.
5. Can my spouse and children work on a TD visa?
No, TD dependents cannot work, but they can study in the U.S.
6. Can I switch jobs on a TN visa?
Yes, but you must obtain a new TN visa or apply to amend your status with USCIS before starting the new job.
Conclusion
The TN visa is an excellent option for Canadian and Mexican professionals seeking temporary employment in the U.S. With a streamlined application process and no annual cap, it provides a flexible and efficient pathway to work in approved professions. Ensure your application is thorough and meets all requirements to maximize your chances of approval.