The TN visa is open to citizens of Mexico and Canada as NAFTA alliance countries. However, regulations are not equal for both countries. The conditions tend to be laxer for Canadian citizens and more stringent for Mexican citizens. Canadian residents can apply at a US point of entry and are visa-exempt.
TN-1 Visa (For Canadians) Acceptability – It Is Fit For:
1. Canadian citizenship, a bachelor’s degree, and a job offer letter from a U.S. employer.
2. Canadian citizens in specialized professions, such as scientists, programmers, engineers, management consultants, research assistants, social workers, and accountants
3. Canadian medical and related personnel including dentists, laboratory technologists, dietitians, nutritionist, pharmacist, physical therapist, registered nurses and veterinarians, Canadian companies to transport employees to their U.S. parent, division, subsidiary or affiliate without the 1-year foreign employment condition in the case of L1 visa
4. U.S. firms to bring in adequate Canadian professionals for works that need a bachelors degree and specific skills
TN-1 Visa Benefits
- Canadian citizens may get the NAFTA visa at the border. They do not need previous petition permission by the U.S. Citizenship and Immigration Services or a Labor Certification.
2. Mexican and Canadian professionals can manage NAFTA visa status endlessly by asking extensions based upon their qualifying professional exercise.
3. You are allowed to demand TD dependent visa status for your children and spouse under the age of 21. Your children may attend school as long as they proceed to suit under the TD visa order criteria.
4. You can unobstructedly travel in and out of the U.S. provided that you have a valid TN-1 status.
TN-1 Application & U.S. Admission Process
For Canadian residents, the TN-1 application can be done at the US point of entry, US Consulate, or through the USCIS with Form I-129. If you are a resident of Canada, you are excluded from the visa condition and may be allowed into the US without a visa, except you are getting from outside the Western Hemisphere or through an airport, provided that you are not otherwise unacceptable.
Your application for TN-1 status and your request for US admission are performed simultaneously, and you would be allowed TN-1 status and permitted to access the US at the same time. Nevertheless, if you think you may have admissibility problems, then you should reconsider applying for your TN 1 visa at a US consulate.
Supported Documentation
It is suggested that you take the following documentation with you, if relevant and possible:
1. Proof of your Canadian citizenship ( birth certificate, passport, photo ID);
2. Employer letter or other proof of US employment;
3. Proof of your professional TN-1 eligibility (academic credentials, resume, post-secondary education credentials, certificate of licensure, and/or professional experience letters); and
4. Proof of your non-immigrant intent (evidence of your ties to your residence country).
Dependents of Canadian Citizens
The same rules of admission and visa exemption apply to your dependent children and spouses if they are Canadian residents. Although you are visa-exempt as a Canadian resident, your dependent children and spouse will not be exempt except they are Canadian residents as well. If they are not, they will require TD visas to enter the US, and you will require to get a TN-1 visa to approve derivative TD status to them, which is done by the US consular office.
Recommended Procedures if TN-1 Petition Is Refused
Considering you are a Canadian resident, your application for TN status at the port of entry is also recognized as an application for admission. Hence, if your application for TN-1 status is rejected, your application for US admission would also be revoked, and this would make you subject to expedited deportation procedures as a result. To avoid getting a refusal of admission on your record and potential removal risk from the US, this can be circumvented by asking that your application for admission be withdrawn. If your application for admission is withdrawn, you would not be recognized formally dismissed from the US, and this would be helpful when you reapply in the future.
Duration of Stay
You may be admitted to the U.S. in a TN-1 visa up to a maximum primary duration of stay for three years (originally it was one year). You may get expansions of stay in increments of up to 3 years with no limit on the entire period of stay. Nevertheless, you must be ready to confirm that you have a foreign residence and you have no intention of leaving it.
Extensions of Stay
A Canadian or Mexican national admitted as a NAFTA Professional TN-1 nonimmigrant may permit expansions of stay in increments of up to 3 years. If you are in the U.S., your employer can file Form I-129 Petition for Nonimmigrant Worker with the USCIS Nebraska Service Center or if you are using it at a port-of-entry, do the corresponding application and documentation systems as wanted for the primary entry.
