The North American Free Trade Agreement (NAFTA) creates a special economic and trade relationships for the United States, Canada and Mexico.  The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States.  Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional. 

Professionals of Canada or Mexico may work in the U.S. under the following conditions:

·         Applicant is a citizen of Canada or Mexico;

·         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 (see documentation required). Self employment is not permitted;

·         Professional Canadian or Mexican citizen has the qualifications of the profession  

TN Visa for Canadian Citizen

A Canadian citizen without a TN visa can apply at a U.S. port of entry with all of the following:

·         Request for admission under TN status to Department of Homeland Security, Customs and Border Protection, U.S. immigration officer;

·         Letter of employment offer from US Employer;

·         Proof of professional qualifications (educational degrees, transcripts, and work experience);

·         Proof of ability to meet applicable license requirements;

·         Proof of Canadian citizenship; and

·         Fee of U.S. $50.

TN Visa for Mexican Citizen

Each Mexican applicant for a TN visa must submit these forms and documentation, and submit fees as explained below:

·         An electronically completed, Nonimmigrant Visa Application, Form DS-156, completed and signed.

·         Supplemental Nonimmigrant Visa Application, Form DS-157

·         A passport valid for travel to the United States and with a validity date at least six months beyond

·         the applicant's intended period of stay in the United States  

·         One (1) 2x2 photograph. A photograph is not required if you are applying in Mexico.

·         Letter of employment from the US Employer

TD Visa – Spouses and Children of TN Visa Applicants

Spouses and children (unmarried children under the age of 21) who are accompanying or following to join NAFTA Professionals (TN visa holders) may receive a derivative 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.  They are permitted to study.

Canadian citizen spouses and children do not need visas, but they must have the following documents at the port of entry:

1.           Proof of Canadian citizenship;

2.           Proof of relationship to the principal applicant, such as marriage certificate and birth certificate; and

3.           Photocopies of entry documents of the principal applicant.

Mexican citizen spouses and children must apply for TD nonimmigrant visas at a U.S. embassy or consulate.

If the spouse and children are not Canadian citizens, they must get a TD nonimmigrant visa from a U.S. embassy or consulate.  They must contact the U.S. embassy or consulate that serves their area for information on how to make visa applications.

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.

Duration of Stay

The maximum period of admission into the U.S is one year.  The US Citizenship and Immigration Services (USCIS) grants extensions of stay in time amounts of one year.  There is no limit on the number of years a TN visa holder can stay in the United States.  However, the TN visa status is not for permanent residence. 

Extension of Stay

For Canadian or Mexican citizens admitted as a NAFTA Professional may seek an extension of stay, which may be granted up to one year, by:

·         If the applicant is in the U.S., employer may file Form I-129 Petition for Non-immigrant Worker with the US Citizenship and Immigration Services’ (USCIS) Nebraska Service Center.; or 

·         Applicant may apply at a port of entry using the same application and documentation procedures above as required for the initial entry.