TN Visa/Status under NAFTA, Canada/Mexico Professionals

The TN is a new category designed under North American Free Trade Agreement (NAFTA) for Canadian and Mexicans citizens who come temporarily as business persons to engage in business activities at a professional level. As a TN professional, s/he must have at least a baccalaureate degree or appropriate credentials demonstrating status as a professional in a profession. This INS regulation specify various categories that qualify as TN professions such as account, architect, computer systems analyst, economist, engineer, graphic designer, hotel manager, industrial designer, management consultant etc.

Length of Stay and Extension. The TN professional is granted a period of stay of 3 year initially. Extension of stay can be requested in increments of 3 year consecutively each year without limitation.

Distinction between TN professionals and H-1B professional workers. TN status is only granted to Canadian and Mexican citizens, while H-1B is granted to qualified aliens of all nations. TN status has no statutory limitation on stay in the U.S., but H-1B requires the 1-year abroad residence after the alien has spent 6 years in the U.S. in order to continue to have his/her H-1B status. The requirement for TN application is less complex than H-1B.? TN aliens cannot have dual intent (immigrant and nonimmigrant), however, such intent is applicable to H-1B workers. Click H-1B Professional Workers for more information of this category.

Family Members (Spouse/Children) of TN Professional. They can accompany or follow to join the TN alien with TD visa. They cannot work without authorization.