1. What is a TN Visa?
TN stands for Trade NAFTA (North American Free Trade Agreement). It is a non-immigrant employment visa that allows citizens of North American countries, namely Canada and Mexico, to engage in business activities at a professional level within the U.S. The purpose was to strengthen business and trade relations between the three countries; the United States, Canada, and Mexico.
Among the types of professionals eligible to seek admission as TN non-immigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers.
There are two types of TN status.
- TN-1 is for Canadian professionals.
- TN-2 is for Mexican professionals.
The TN Visa is valid for one year, but it is granted for three years as per the current laws and regulations. The TN visa can be renewed indefinitely until you have the intention to stay permanently in the United States or if there is no longer employment under the NAFTA list.
2. Requirements for TN Visa
There are a few requirements a Mexican or Canadian has to meet before applying for a TN Visa.
- The applicant has to be a citizen of Canada or Mexico (Permanent Residency won’t suffice).
- The profession should be on the NAFTA list. There are 60 professions on the list.
- There has to be a pre-arranged part-time or full-time job with a U.S. employer.
- There is no intention to stay permanently in the U.S.
2.1 TD VISA FOR THE SPOUSE AND CHILDREN OF TN VISA HOLDERS
A TD visa is a dependent visa for TN visa holders, which is valid until the TN visa holder’s visa expires. This visa is for spouses and children under 21 years of TN visa holders eligible for non-immigrant TD visas. They do not qualify for a work permit but are permitted to study in the United States.
3. Pros of TN Visa
- A TN visa holder can work as a professional in the U.S. for a U.S. company or a Canadian or Mexican company doing business in the U.S.
- The process for Canadians under this category is relatively quick, with no petition required. Canadians can obtain a TN visa at the border crossing.
- While the requirements are fulfilled, the TN visa holder can renew indefinitely.
- TD visa/status for the dependents of the TN visa holders is valid until the time the TN visa holder’s status expires.
- There is no cap or limit for Canadians under this category.
4. Cons of a TN Visa
- The TN visa is not a dual intent visa. This means you cannot have the intention to stay in the U.S. permanently.
- The spouse and children are not eligible for a work permit or authorized to work in the U.S.
- The profession has to be listed in the NAFTA list, which is currently only 60 occupations.
5. Conclusion
The TN visa, or TN status as it is sometimes called, is a type of visa that a citizen of Canada or Mexico can apply for. The applicant must have a job listed in the NAFTA list before applying. The application procedure is not complicated, and for Canadians, it is much simpler. The Canadians or Mexicans who do not come under the list of NAFTA professionals can apply for another type, i.e., an H1B visa. These other visas allow for Dual Intent, meaning if the applicant intends to become a permanent resident of the U.S., they can apply for it with that intention. There are other visas like L1 or E visas. The applicant should apply as per his purpose, duration, and intention of stay. The applicant should also remember the merits and demerits of the visa and apply accordingly.
At US Immi Visa, we are a dedicated team specializing in TN and TD visas, able to help you through the entire process. Whether you are a Mexican or Canadian citizen, we can help guide you through the process. Contact us today for a consultation to discuss TN visas.