The Law Office of Janis Peterson-Lord


TN Visas Under NAFTA

 

TN / NAFTA


The TN Visa was created after the signing of the North American Free Trade Agreement (NAFTA) in 1994 to facilitate the temporary employment of qualified Canadian and Mexican professionals in the United States. As of January 1, 2004, the procedures were simplified for Mexicans with the removal of the requirement for petitions and labor condition applications, Mexicans citizens can apply for TN Visas at any U.S. Consulate in Mexico or at the  U.S. Embassy in Mexico City. Canadian citizens may apply for admission in TN status directly at a U.S. class A port of entry, a U.S. airport handling international traffic, or a U.S. preclearance/preflight inspection station.

Who is Qualified for the TN Visa?

Mexican citizens and Canadian citizens with a job offer in one of the professions listed in the NAFTA Treaty may be eligible for a TN visa. A TN visa holder’s spouse and unmarried children under 21 may be eligible for a TD visa. 

Please click here for a list of NAFTA Treaty professions and their corresponding job requirements, as well as a list of required documents to bring to the interview.

Please note that TN jobs are professional positions with certain qualifications.  Most jobs require a baccalaureate degree from a certified undergraduate institution. Mexican citizens must hold a titulo to fulfill the baccalaureate degree requirement; a carta de pasante is not sufficient for NAFTA professions that require a baccalaureate degree. A carta de pasante is sufficient for professions that require only a postsecondary diploma or certificate. Some NAFTA professions require a specified amount of work experience. In every case, the TN applicant must prove to the adjudicating consular officer that he or she has the required educational and/or work experience to qualify for the TN visa.

The length of an issued TN visa will be limited to the terms of the employment contract. Applicants must demonstrate their stay is temporary and has a reasonable, finite end that does not equate to permanent resident.

Areas Of Practice

  • US Immigration for Business and Family
  • US Citizenship
  • Business Formation
  • International Adoptions
  • Temporary Business Visas
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