TN NAFTA Status
- Applicant must have been offered employment by a U.S. employer in one of the eligible occupations listed below (and qualified for the position pursuant to the degrees/licenses/experience indicated).
- Temporary intent nonimmigrant visa – may be granted for up to three (3) years in duration but Classification/Visa renewal is required. Based on the Temporary intent nature of this classification, it may be difficult to adjust status to Permanent Resident (Green Card).
- Must be a citizen of Canada (or Mexico)
- Fast and relatively inexpensive processing (Particularly for petitions adjudicated at the Canada/US Border) – less expensive than an H-1B.
- Canadian applicants may apply at the border with the correct documentation.
- TN visa holder’s spouse & children may attend school but cannot work in the US on a TD visa.
- An Applicant may change status from TN to H-1B or any other non-immigrant visa.
- There are no ETA-9035 or Additional Prevailing Wage issues as in the H-1B Visa program.
On December 17, 1992, the Presidents of the United States and Mexico , and the prime minister of Canada entered into the North American Free Trade Agreement (NAFTA). Implementation of this agreement has been provided for by the North American Free Trade Agreement implementation act (NAFTA implementation act), Public Law 103-182. The NAFTA implementation act was signed into law by the President of the United States on December 8, 1993 . The NAFTA entered into force on January 1, 1994.
NAFTA Chapter 16, entitled “Temporary Entry for Business Persons” was designed to facilitate the movement of businesspersons among the United States, Canada , and Mexico. This chapter contains the visa-related provisions relating to the temporary entry of businesspersons. NAFTA allows investment, trade, and professional commerce services to take place, and thus affects four nonimmigrant visa categories in the U.S. Immigration and Nationality Act: Temporary Visitors for business (B-1); treaty trader and investors (E); intra-company transferees (L) and NAFTA professionals treaty national (TN).
The U.S.-Canada Free Trade Agreement (US-CFTA) created a class of professional nonimmigrants, (TC), but did not provide authority for visa issuance. NAFTA has modified and adopted the TC professional category and treats this new admission category (TN) as if it were a nonimmigrant visa classification under INA 101(a)(15), thus, authorizing the issuance of visas to both Mexicans and Canadians. The CFTA was suspended when NAFTA entered into force.
The TN category should not be confused with the H-1B visa classification. It is a separate and distinct category. Similarities do exist, however, since this category was derived from the H-1B classification.