Immigration Basics Series: TN Professional Worker

TN Professional Worker

The TN visa is a nonimmigrant work visa available for citizens of Canada and Mexico. Like the H-1B visa, it allows employers to temporarily employ professional foreign national workers. The candidate must practice one of a number of professions specified as qualifying under the North American Free Trade Agreement (NAFTA). While Canadian citizens may apply for TN status directly at any U.S. Port of Entry, Mexican citizens must file their applications at a U.S. consular post.

 TN Visa Eligibility

Generally, only a U.S. employer may offer a qualifying position of employment to a TN employee. This employer must be able to furnish an offer of employment to the employee, which is to be presented by the foreign national upon application for the TN visa.

The prospective TN employee must be a citizen of either Canada or Mexico. (Permanent residents of these countries are excluded from eligibility.) The applicant must be entering the United States with the intent to temporarily take up a position of full-time or part-time employment with a U.S. employer. Self-employment does not qualify foreign nationals for TN eligibility.

The proposed position of employment must fall within one of the professions listed at Appendix 1603.D.1 of NAFTA. Additionally, eligible applicants must possess the necessary qualifications for the practice of this profession, which are also listed in the agreement. The minimum qualification is typically a bachelor’s degree in a field directly related to the profession or a specific license or credential for practicing that profession.

TN Approval Period

  • Initial approval: up to 3 years

  • Extensions: 3-year increments

  • No limit on the overall period of stay

TN Dependents - TD Visa

The spouse of the TN employee, as well as any unmarried children under 21 years of age, may accompany the principal visa holder in dependent TD visa status. Dependents do not have to be citizens of Mexico or Canada. TD family members are allowed to study in the U.S. but are not permitted to engage in any form of employment.

TN Visa Costs

CBP Fee (Canadian nationals): $50 ($56 when entering by car); Filing Fee with U.S. Consular Post (for Mexican nationals): $160; USCIS Fee (for filings in the U.S. and extensions and changes of status): $460.

Ancillary costs: government expedite fees, degree evaluations and translation fees (if applicable).


 

Basics Series, Corporate Immigration, IndividualsImmiPartner