TN Visa

NAFTA Professionals

The TN Visa (Trade NAFTA) is a nonimmigrant classification that allows qualifying nationals from Canada and Mexico to enter the U.S. to engage in business activities at a professional level temporarily. The TN Trade visa offers many benefits, but it’s not always easy to obtain. 

At Garvish Immigration Law Group, our TN visa lawyers have helped countless Mexican and Canadian citizens through the TN visa process. 

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The North American Free Trade Agreement (NAFTA) between the U.S., Canada and Mexico was created in 1994 and provides special economic and trade agreement between the three countries. In 2018 NAFTA was replaced by the United States-Mexico-Canada Agreement, U.S.MCA, was signed land later ratified. The TN (Trade National) visas covered under NAFTA Chapter 16, which let American businesses hire skilled Canadian and Mexican workers in more than 60 professional categories on temporary work permits, were not significantly changed.

Commonly called NAFTA 2.0. this multi-trillion-dollar trade agreement allows certain professionals to seek temporary entry with the purpose of working in the U.S.  

Professions eligible for a NAFTA Professional Visa include, but are not limited to: 

• Pharmacists
• Teachers
• Attorneys 
• Engineers
• Accountants 
• Scientist 
• Economists
• Management Consultants 

The TN category establishes an exemption for typical work visa requirements for qualifying professionals from Mexico or Canada. 

The TN nonimmigrant classification allows qualifying Mexican and Canadian citizens to enter and work in the U.S. without the requirements or limitations of an H1-B visa or L-1 visa. A few benefits of the TN visa include: 

• Typically quicker process (especially for Canadian applicants)
• Unlimited renewals 
• Available for certain individuals who don’t otherwise qualify for an H-1B visa
• Valid for up to three years at a time 

NAFTA Professional Visa applicants must meet the following qualifications to be eligible for TN nonimmigrant status, but not limited to: 

• Proof of Mexican or Canadian citizenship
• Qualifying profession according to NAFTA regulations
• The position applied for requires a NAFTA professional
• Offered a full-time or part-time job by a U.S. employer
• Must meet requirements and qualifications to practice the selected profession

Most TN visa holders must be hired as employees but in some cases, like Management Consultants, they should be hired as contractors or freelancers.  

It’s important to note that Canadian and Mexican citizens’ application processes and approval timelines differ. Qualifying Canadians can apply for TN visa status with USCIS at the same time they seek admission into the U.S. 

Further, potential TN employers can apply for TN visa status for prospective Canadian employees by filing Form I-129 – Petition for Nonimmigrant Worker with the U.S. Citizenship and Immigration Services (USCIS). Once USCIS approves the form, the employee can apply for TN status at specific ports of entry by providing proof of Canadian citizenship and an approved form I-129. 

However, Mexican citizens must apply for the TN category at a U.S. consulate before entering the U.S. as a TN visa nonimmigrant. Once approved for the visa, Mexican citizens can apply for admission at qualifying ports of entry.

In both cases, if the Customs and Border Patrol (CPB)  determines eligibility for admission, they will grant you entry into the U.S. as a TN nonimmigrant.