The Trade NAFTA (TN) Visa is a nonimmigrant visa that allows Canadian and Mexican citizens to be employed in the US. The Trade NAFTA (TN) Visa was created under the North American Free Trade Agreement (NAFTA). The North American Free Trade Agreement (NAFTA) enabled a free trade zone for Mexico, Canada, and the U.S. in 1994.
The TN Visa requires you to have the proper educational qualifications and be on the NAFTA list of professions to be eligible. The NAFTA list of professions includes general, medical, scientific, and teaching occupations. Both you and your employer need to supply documentation to support your TN Visa application. The TN Visa is a less expensive option for Canadians and Mexicans who want to work in the United States.
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What is a TN Visa?
The Trade NAFTA (TN) Visa is a nonimmigrant employment visa created under the North American Free Trade Agreement (NAFTA), now known as the United States-Mexico-Canada Agreement (USMCA). The North American Free Trade Agreement (NAFTA) was enacted in 1994 and created a free trade zone for Mexico, Canada, and the United States. The Trade NAFTA (TN Visa) allows Canadian and Mexican citizens to work temporarily in the U.S. in specific professional fields. The TN Visa is valid for 3 years and can be renewed if the Canadian or Mexican citizen wants to continue working in the US.
How Does a TN Visa Work?
The TN classification allows Canadian citizens admittance to the U.S. as nonimmigrants without a TN Visa. A TN Visa is required for Mexican citizens who want to work in the U.S. as a nonimmigrant. NAFTA determines the type of proof needed to demonstrate that a Canadian or Mexican citizen is in an eligible profession to work in the United States.
This is the general eligibility criteria for a professional nonimmigrant seeking to qualify for a TN status.
- You should be a Canadian or Mexican citizen.
- You should be on the NAFTA List of Professions. The NAFTA List Professions are categorized into general, medical, scientific, and teaching occupations.
- You should have prearranged full-time or part-time employment in the US. Self-employment is not considered.
- You should have the appropriate qualifications in terms of education and experience for the job applied for.
What are the Benefits of TN Visa?
The TN Visa allows Canadians and Mexicans to work legally in the US. The top benefits of the TN Visa are as follows.
- There is no limit to the number of renewals for the TN Visa.
- There is a Trade Dependent (TD) status available for your spouse and children to come with you to the US.
- There is no quota for TN Visa applications.
What are the Risks of TN Visa?
The TN Visa is a faster, cheaper, and more convenient option for Canadian and Mexican workers to enter the US through employment. There are limitations to the TN Visa compared to other employment-type visas. The top disadvantages of the TN Visa are as follows.
- The TN Visa does not qualify as a dual intent visa. A dual intent visa grants foreign individuals entry to the US as a nonimmigrant with the intention of applying for a green card (permanent residence). A green card (permanent residence) allows foreign individuals to stay and work in the US permanently.
- The TN Visa does not allow your spouse and children to work legally in the US.
- The TN Visa does not extend beyond 3 years. You need to renew your TN Visa every 3 years if you wish to continue working in the US under the TN Visa.
How Much Does a TN Visa Cost?
The TN Visa is a relatively inexpensive option for Canadians and Mexicans who want to work in the US compared to other visas.
The costs for a TN status for Canadians include the following.
- Total cost at the border including the cost of filing and the cost of Arrival/Departure Record (I-94 ) – $56
- Petition for a Nonimmigrant Worker (Form I-129) (optional for a Canadian citizen who wants to obtain a TN Visa)- $460
- Premium processing (optional)- $2,500
The costs for a TN Visa for Mexicans include the following.
- Online Nonimmigrant Visa Application (Form DS-160)- $160
- Petition for a Nonimmigrant Worker (Form I-129)- $460
- Premium processing (optional)- $2,500
How to Apply for a TN Visa?
The TN classification does not require Canadian citizens to obtain a TN Visa. You can apply directly at the US port of entry or an assigned pre-flight inspection station.
As a Canadian citizen, you should bring with you the following during your TN Visa application.
- Evidence of your Canadian citizenship such as your passport and birth certificate.
- A letter from your US employer stating your job description, your responsibilities and duties, your qualifications for the job, and your length of service.
- Credentials evaluation for other credentials acquired outside of the US.
- Payment for the required fees.
Mexican citizens applying for TN nonimmigrant status need to obtain a TN Visa before entering the US for employment. You have to apply at the US embassy or consulate in Mexico.
As a Mexican citizen, these are the 4 steps for getting your TN Visa.
- Complete the Online Nonimmigrant Visa Application (Form DS-160). Print out the confirmation page and bring it with you during your interview.
- Take a photo. This should be a colored photo against a plain white background. The photo should be taken within 6 months of your application in full front-facing view of the camera.
- Schedule your interview at the US embassy or consulate in Mexico. Interviews are required for people between the ages of 14 and 79.
- Attend your interview and bring the required documents and application fee payments.
How Long is the Process of TN Visa?
The TN Visa processing time depends on the method of application. The TN Visa processing only takes a few hours for a Canadian citizen applying at the US port of entry. The processing time will depend on the number of applications received by the United States Citizenship and Immigration Services (USCIS) if applying via mail. The average processing time of Form I-129 in the United States Citizenship and Immigration Services (USCIS) is 6 months. The optional premium processing takes only take 15 calendar days to process your TN Visa application.
What are the Requirements for a TN Visa?
TN Visa requirements consist of documents supplied by the employee and employer.
The US employer needs to supply the Canadian or Mexican employee with the following.
- A support or job verification letter from the employer. The letter should include details such as the job position, the nature of the job, the applicant’s qualifications for the job, and the length of stay for the job.
- Form I-129 if it was applied for.
The Canadian or Mexican employee should have the following for the TN Visa application.
- Evidence of citizenship (passport, birth certificate).
- Evidence of educational qualifications (diploma, transcripts, certificates).
- Credentials evaluation if applicable.
- Payment for application fees.
- Form DS-160 if they are a Mexican citizen.
What are the Interview Questions of TN Visa?
Individuals who apply for a TN Visa at an authorized port of entry into the United States are required to attend TN interviews. Your eligibility for a TN Visa is established during the interview. U.S. immigration officials will question you about your application to decide whether or not to grant you entrance into the country.
There are 5 categories of common TN Visa Interview Questions and Answers.
- Questions about your job role. These are questions about the duties and responsibilities of your job position. You should be able to supply answers that prove that your TN job classification fits the position applied for.
- Questions about your employer. You should know and understand the company you applied for. Notify your employer in case the immigration officer contacts them.
- Questions about your education and qualifications. You need to prove that your educational background, qualifications, and experience are fit for the job applied for. Documents such as your diploma, transcripts, and certificates are important to support your answer.
- Questions about your immigration intent. The nonimmigrant TN Visa does not have dual intent. You should not express any intention of applying for permanent residency with a TN Visa.
- Additional or follow-up questions. Remain truthful and brief with your answers.
The TN Visa renewal follows the same process as a new TN Visa application. You will need the same set of requirements and documentation upon re-application.
What are the Professions that Can Apply for TN Visa?
The List of NAFTA Professions that can apply for a TN Visa is classified as general, medical, scientific, and teaching occupations. Examples of 10 professions that can apply for the TN Visa are as follows.
- An accountant must have a Baccalaureate or Licenciatura degree; or C.P.A, C.A., C.G.A. or C.M.A.
- An engineer must have a Baccalaureate or Licenciatura degree; or a state/provincial license.
- A registered nurse must have a state/provincial license, or Licenciatura degree.
- A dentist must have a state/provincial license; or D.D.S., Doctor en Odontologia or Doctor en Cirugia Dental.
- A chemist must have a Baccalaureate or Licenciatura degree.
- A hotel manager must have a Baccalaureate or Licenciatura degree in hotel/restaurant management; or PostSecondary Diploma or PostSecondary Certificate in hotel/restaurant management, and three years of experience in hotel/restaurant management.
- An epidemiologist must have a Baccalaureate or Licenciatura degree.
- An occupational therapist must have a state/provincial license, or Licenciatura degree.
- A pharmacologist must have a Baccalaureate or Licenciatura degree.
- A college/seminary/university teacher must have a Baccalaureate or Licenciatura degree.
How long can I Stay in the US with a TN Visa?
The maximum stay in the US under a TN Visa is 3 years. This can be renewed provided the applicant remains eligible for the TN Visa and all requirements are met.
The length of time that your TN visa is valid is determined by immigration officers. The TN Visa validity is dependent on how long the job requires you to work in the United States. You should ensure that the period specified in the employment letter that was issued to you is correct upon application.
What Happens if Your TN Visa Application is Denied?
These are the top 4 reasons why your TN Visa application can be denied.
- You are not eligible for the TN Visa. You are deemed ineligible for TN Visa if your education does not meet the qualifications for the job you applied for. You will be denied if your profession does not fall within the NAFTA Professionals List.
- You do not have the appropriate documentation to support your TN Visa application.
- You were not able to prove nonimmigrant intent.
- Your answers to the interview questions were conflicting or insufficient.
You can re-apply for a TN Visa provided you can rectify the reasons for being denied during your previous application. Make sure you are eligible for the TN Visa. Indicate the correct NAFTA occupation for your job position and bring the necessary documentation to support your qualifications. Do not lie to the immigration officer during your interview.
What are the Differences Between TN Visa and H-1B Visa?
Similar to the TN Visa, the H-1B Visa is a non-immigrant visa that allows foreign workers to work for US employers. These are the main differences between the TN Visa and H-1B.
- The TN Visa is only applicable to citizens of Canada and Mexico. The H-1B Visa can be applied for by any citizen of any country.
- The TN Visa does not have any limit on the number of applications per year. The H-1B Visa is limited to 85, 000 applications per year.
- The TN Visa does not allow for dual intent. The H-1B Visa applicant can express intent for permanent residency and can apply for a green card.
Can I Work on a TN Visa?
Yes, you can work in the US with a TN Visa. You should be a citizen of Canada or Mexico and qualify for the NAFTA List of Professionals to work under TN Visa. You should have pre-arranged employment with a US company and provide the necessary documentation upon application.
Can an Immigration Lawyer Speed Up the Process of TN Visa?
Yes, an immigration lawyer experienced with the TN Visa can help speed up the process by preventing causes of delays in your application. An Immigration Lawyer ensures all requirements are met and prevents application errors that can cause delays in your TN Visa processing.
Is Bachelors Degree Required for TN Visa?
Yes, most professions that are qualified for the TN Visa should be supplemented with a bachelor’s degree. Some occupations only require a post-secondary diploma and 3 years of experience. Examples of these occupations are disaster relief insurance claims adjusters, management consultants, and scientific technicians.