TN & TD Visas
TN (Treaty NAFTA) status is a special non-immigrant status in the United States unique to citizens of Canada and citizens of Mexico. Beginning in 1988, individuals practicing one of the professions identified in the Canada – United States Free Trade Agreement are able to obtain TN status for legal work in the United States and Canada, creating freedom of labor movement. TN status is recognized in the North American Free Trade Agreement (NAFTA) which began in 1994. It allows U.S., Canadian and Mexican citizens the opportunity to work in each other’s countries in certain professional occupations. It bears a similarity, in some ways, to the H-1B visa, but also has many unique features. Within the TN set of occupations, an American, Canadian or Mexican can work for up to three years at a time. However, the TN status may be renewed indefinitely in three-year increments, although it is not a ‘permanent’ visa and if US immigration officials suspect it is being used as a de facto green card, they may elect to deny further renewals. The set of occupations permitted to petition for TN status is also quite a bit more limited than for the H-1B visa.
Canadians and Mexicans may be eligible to work in the United States as NAFTA professionals under the following conditions:
- Applicant is a citizen of Canada or Mexico;
- Profession is on the NAFTA list;
- Position in the United States requires a NAFTA professional (http://canada.usembassy.gov/visas/doing-business-in-america/professions-covered-by-nafta.html)
- Applicant will work in a prearranged full-time or part-time job for an employer (http://travel.state.gov/content/visas/english/employment/nafta.html#doc). Self-employment is not permitted;
- Applicant has the qualifications, meeting the specific requirements, education, and/or experience, of the profession.
- Requirements for Canadian Citizens
Canadian citizens usually do not need a visa as a NAFTA Professional although a visa can be issued to qualified Canadian TN visa applicants upon request.
Unlike Mexican citizens, Canadian citizens are generally eligible for admission as nonimmigrants without a visa at a U.S. port-of-entry. (See http://www.cbp.gov/travel/international-visitors/citizens/tn-status & http://www.uscis.gov/working-united-states/temporary-workers/tn-nafta-professionals). The TN category, a nonimmigrant classification, simply reflects this general exemption from the visa requirement. NAFTA governs which evidence is required to prove whether a Canadian or Mexican citizen is a professional in a qualifying profession.
If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate.
You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer:
- Proof of Canadian citizenship;
- Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications; and
- Credentials evaluation (if applicable), together with any applicable fees.
Please refer to http://www.cbp.gov/ for additional information and requirements for applying for admission to the United States. If a CBP officer finds you eligible for admission, you will be admitted as a TN nonimmigrant.
For more information about TN nonimmigrant status, please refer to http://canada.usembassy.gov/visas/doing-business-in-america/tn-visas-professionals-under-nafta.html)
- Requirements for Mexican Citizens
If you are a Mexican citizen, then you are required to obtain a visa to enter the United States as a TN nonimmigrant. You should apply for a TN visa directly at a U.S. embassy or consulate in Mexico. For the detailed information about this, please refer to http://travel.state.gov/content/visas/english/employment/nafta.html.
Once you are approved for a TN visa, you may apply for admission at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. Please refer to http://www.cbp.gov/ for additional information and requirements for applying for admission to the United States. If a CBP officer finds you eligible for admission, then you will be admitted as a TN nonimmigrant.
Initial period of stay for a TN visa is up to 3 years. If you wish to remain in the United States beyond your initial period of stay without first departing from the United States, you must seek an extension of stay. If you are in the United States, your employer may file Form I-129 on your behalf.
Alternatively, you may depart from the United States before the date your status expires, and then, once abroad, you may apply at a CBP-designated U.S. port of entry or at a designated pre-clearance/pre-flight inspection station using the same application and documentation procedures required at the time of your initial application for admission as a TN nonimmigrant.
Dependents of TN employees (spouses or children) can be in the U.S. in TD (Trade Dependents) visa status.
Generally, Canadian TDs do not need to obtain a TD visa, but non-Canadian TDs do. Mexican TDs also need to apply for TD visas to enter the U.S. The TD’s status is contingent upon the continued validity of the TN’s status. TD dependents are not allowed to work while in the U.S. When TD dependent children turn 21, they are no longer considered “children” under I.N.A. In this case, they must change to another nonimmigrant status. If dependents are in the U.S., TD application can be submitted the together with the TD at the time the TD is filed.