TN Nonimmigrant Status for Citizens of Canada and Mexico

The TN (Trade NAFTA) nonimmigrant classification was created under the North American Free Trade Agreement to provide for the admission of Canadian and Mexican citizens coming to the U.S. to engage in professional activities.

Eligibility for TN Status

TN status is available only to citizens of Mexico and Canada, not landed immigrants. Under NAFTA, a citizen of a NAFTA country may work in a professional occupation in another NAFTA country provided that:

  • The profession is on the NAFTA list.
     
  • The individual possesses the specific educational degree or appropriate credentials for the professional occupation as defined in the NAFTA agreement.
     
  • The prospective position requires someone in that professional capacity.
     
  • The individual is going to work for a U.S. employer.

OVIS will review TN eligibility on a case-by-case basis. The position must be a professional position that meets the regulatory criteria. It must be full-time and benefits-eligible.

Application Process: Canadian Citizens

Citizens of Canada must provide the following at a U.S. port-of-entry:

  • A valid Canadian passport
     
  • Copies of educational and other appropriate credentials to establish qualification for the prospective employment
     
  • A letter on department letterhead offering him or her qualifying employment in the United States. This letter will be prepared by OVIS.
     
  • Admission fee

Applicants for TN status maybe be admitted to the U.S. for up to three years, depending on the nature of the proposed activity. TN status may be extended indefinitely in three-year increments either through a new application at a U.S. port-of-entry, or through a petition filing with the U.S. Citizenship and Immigration Services.

Application Process: Mexican Citizens

Citizens of Mexico must apply for a TN visa at a U.S. consulate outside the United States. The application must include:

  • A valid Mexican passport
     
  • Completed Form DS-160, appropriate visa fees, and photos
     
  • Copies of educational and other appropriate credentials to establish qualification for the prospective employment
     
  • A letter on department letterhead offering him or her qualifying employment in the United States. OVIS will prepare this letter.

To request TN sponsorship, the host department must log into iDartmouth and initiate the process for TN status. The initiation requires the appointment or offer letter and a detailed job description for the offered position.

Maintenance of TN Status

Beneficiaries of TN status must be employed in the U.S. in the TN employment described in the TN application letter and supporting evidence. Material changes to employment, or a request for concurrent TN employment, will require an amended or new application for TN status.

TN status requires that the TN beneficiary have the intent to return to his or her home country at the conclusion of the temporary stay in the United States. TN status is not compatible with tenure-track faculty appointments or plans to immigrate to the U.S. (in other words, become a permanent resident and hold a green card).

Learn more about Visas.

Dependents

The spouse and unmarried, minor children of the principal TN beneficiary are entitled to derivative TD status, but they are unable to accept employment in the United States. If a dependent of a Canadian citizen does not hold Canadian citizenship, he or she must apply for a TD visa stamp at a U.S. Consulate before seeking admission to the United States.