TN VISA INFORMATION

Treaty National Visa for Canadian and Mexican Professionals

The TN category is special category created under NAFTA (North American Free Trade Agreement) for qualifying professionals who are nationals of Canada or Mexico. Aliens qualified to enter the U.S. under this category may work for a company located in the U.S. for a temporary period. Moreover, they may also work for a Canadian or Mexican company in the U.S. when those companies are engaged in projects with U.S. based companies. The initial time limit for a TN professional to work in the U.S. is one year. However, this period may be renewed indefinitely in year-to-year increments.

An alien must possess the necessary credentials to be considered a qualifying professional under this category. Generally, a Bachelor's degree or higher is usually required to be considered a professional in the TN category. Furthermore, the alien must intend to depart the U.S. upon completion of his authorized status.

As a result, if the alien applies for permanent residence while he is in TN status, he will have difficulty in obtaining renewal of his TN status. Mexican nationals are required to have TN visas before they may be admitted to the U.S. in this status, whereas Canadian nationals need only apply with the USCIS (formerly called the INS) at the border and may bypass the visa requirement.

Requirements for a TN status

There are two different types of TN status. A TN-1 refers to a Canadian professional, and a TN-2 refers to a Mexican professional. The following are the requirements for each:

TN-1, Canadian Professional:

1. The applicant must be a Canadian citizen.

2. The applicant must intend to engage in employment in an approved profession and have an offer of employment.

3. The applicant must posses the necessary credentials to be considered a professional in the approved profession the applicant is applying under. A bachelor's degree or higher is usually required for all approved professions on the list. If the profession requires licensing, then the applicant must posses the requisite license.

4. The applicant must intend to stay in the U.S. for a temporary period. An applicant can be denied TN status because he has a pending immigration petition.

TN-2, Mexican Professional:

1. The applicant must be a Mexican citizen.

2. The applicant must intend to engage in employment in an approved profession and have an offer of employment.

3. The applicant must possess the necessary credentials to be considered a professional in the approved profession the applicant is applying under. A bachelor's degree or higher is usually required for all approved professions on the list. If the profession requires licensing, then the applicant must possess the requisite license.

4. The applicant must intend to stay in the U.S. for a temporary period. An applicant may be denied TN status because he has a pending immigration petition.

5. An approved labor condition application from the Department of Labor.

6. USCIS approval.

7. A non-immigrant visa issued by the U.S. Consulate.

Renewal of TN Status

Those who are in TN status may renew their TN status for one year. There is no limitation on how many one-year renewals an alien in TN status may obtain. The following are the renewal procedures for a TN non-immigrant:

TN-1:
The Canadian professional can apply for the TN-1 renewal on a form 1-129. He must also submit all documents required to obtain TN status. In essence, a renewal application is treated like a new petition. The application fee is $130 each time an applicant applies for a renewal. The Canadian professional on TN status can avoid the $130 application fee by going back to Canada and applying for renewal at the border where he would only have to pay a $50 filing fee. In this instance, the applicant would not fill out an I-129, but would simply present the necessary documents to the interviewing immigration officer.

TN-2:
The alien applies for the TN-1 renewal on a form 1-129. He must also submit all documents required to obtain TN status. This would include an approved labor condition application. In essence, a renewal application is treated like a new petition. The application fee is $110 each time an applicant applies for a renewal. Unlike the TN-1, practically, the Mexican professional on TN status does not have the option of traveling to the border to renew his TN status as Mexican nationals have a visa requirement.

TD - Dependants of TN:
Generally speaking, TN Dependants who are in TD status apply for renewal on an I-539. If filing for more than one dependant, then a supplement 1 must be attached to the I-539. The application fee is $140. Please note that the I-539 must be filed simultaneously with the I-129. Canadian professionals on TN status can avoid the extensive application fees by applying for renewals with their dependents at the border. The only fee involved in this scenario would be a $50 filing fee.