North American Free Trade Agreement
What is TN visa?
The TN visa was established from the North American Free Trade Agreement (NAFTA). It permits Canadian and Mexican citizens to be admitted to come to the U.S. to engage professional activities as defined by the NAFTA.
Who can apply for R visa?
To qualify for TN visa, the applicant must be:
• A Canadian or Mexican citizen;
• Offered a valid job by a U.S. employer;
• In a profession that is on the NAFTA list;
• Possessing the required academic degrees, licenses and/or experience to perform the job offered.
Benefits and Limitations of TN visa:
• Canadian citizens may apply for TN visa at the border entry point without first obtaining approval from the U.S. Citizenship and Immigration Services (USCIS), which is a great advantage versus other work visas such as H-1B and L-1.
• TN holders may request extensions indefinitely as long as the offered employment satisfies NAFTA’s requirements.
• TN holder’s spouse and unmarried children under 21 may request TD dependent visa status. But they can not accept employment under TD status unless otherwise authorized.
• Not as H-1B or L-1, dule intent on immigration is not allowed. TN applicant must intend to leave the U.S. on the completion of authorized stay.
• Self-employment on TN visa is prohibited.
• Only professionals that are defined by the NFATA can apply for TN visa.
How to apply for TN visa?
• If you are not in the United States at this time, Canadian applicants do not need to apply for the TN visa at a U.S. Consulate office. Canadian citizen can apply for TN visa directly at the port of entry to the U.S. Mexican applicants may apply at a U.S. Consular office for a TN visa using DS-156 and DS-157 forms.
• If you are currently in the United States and in a status other than TN, your employer should use form I-129 to petition for the TN status for you. Your spouse and children should use form I-539 to apply for TD status.
• If you are already in the United States and in the TN status and wish to extend the period of stay, your employer should use form I-129 to apply for the TN extension for you. Your spouse and children should use form I-539 to apply for TD status extension.