Overview

The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico.

Over 60 qualifying professional occupations are listed in Appendix 1603.D.1 of NAFTA. Those who meet the requirements may be granted a temporary, nonimmigrant visa in the United States for a period of three years.

Qualifications For a TN Visa

Professionals of Canada or Mexico may work in a professional occupation in the U.S. provided that all of these conditions are met:

• Applicant is a citizen of Canada or Mexico (permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional)
• Profession is on the NAFTA list
• Position in the U.S. requires a NAFTA professional
• Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer
• Professional Canadian or Mexican citizen has the qualifications of the profession

Requirements

Read about the requirements specific to Canadian citizens and Mexican citizens.

Employment Letter

You must provide a letter of employment from an employer in the U.S. indicating that the position in question in the U.S. requires the employment of a person in a professional capacity, consistent with the NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1.

Part-time employment is permitted, but self-employment is not permitted.

An employment letter or contract providing a detailed description of the business activities should state the following:

• Activity in which the applicant shall be engaged
• Purpose of entry
• Anticipated length of stay
• Educational qualifications or appropriate credentials demonstrating professional status
• Evidence of compliance with DHS regulations, and/or state laws
• Arrangements for pay
• Although not required, proof of licensure to practice a given profession in the United States may be offered along with a job offer letter, or other documentation in support of a TN visa application.

Additional Documentation or Qualifying Requirements

Additionally, applicants must demonstrate that they are properly classifiable as NAFTA Professional for TN visa, under U.S. law by:

• Education Requirement: The applicant's employer must submit proof that the applicant meets the minimum education requirements or has the alternative credentials set forth in NAFTA agreement, chapter 16 appendix 1603.d.1. Evidence of professional qualifications may be in the form of degrees, certificates, diplomas, professional licenses, or membership in a professional organization. Degrees, diplomas, or certificates received from an educational institution outside the United States, Canada, or Mexico must be accompanied by an evaluation by a reliable credentials evaluation service specializing in evaluating foreign documentation.
  
  
• Work Experience Requirement - Document proving to the applicant's experience should be in the form of letters from former employers. If the applicant was self-employed, business records should be submitted proving that self-employment.

Spouses and Children

Spouses and children (unmarried children under the age of 21) who are accompanying or following to join TN visa holders may receive a derivative Trade Dependent (TD) visa. Applicants must demonstrate a bona fide spousal or parent-child relationship to the principal TN visa holder. Dependents do not have to be citizens of Mexico or Canada. Spouses and children cannot work while in the U.S. but they are permitted to study.

Spouses or children following to join must show a valid I-94, thereby providing proof that the principal TN visa holder is maintaining his/her TN visa status.

How to Apply For an Extension

Applicants may seek an extension of stay of up to three years. There is no limit on the number of extensions that may be granted.

Application for extension can be made in one of two ways:

• If the applicant is in the U.S., the employer may file Form I-129 Petition for Non-immigrant Worker with the USCIS Nebraska Service Center
• Applicant may apply at a port of entry using the same application and documentation procedures above as required for the initial entry.

Source: USCIS