The North American Free Trade Agreement allows for Canadian Citizens (and Mexican Citizens) to apply for the nonimmigrant visa category, referred to as a TN visa. In order to qualify for a TN visa, the Canadian Citizen seeking to enter the U.S. in this visa category must be offered an employment position in one of the categories listed in Chapter 16 Appendix 1603.d.1 of The North American Free Trade Agreement (NAFTA).
For Citizens of Canada, a visa is not required to enter the U.S. and work as a NAFTA professional. Canadian citizens are permitted to obtain admission under the TN category by applying at a Port of Entry, rather than applying for a visa with a U.S. Consulate. A Canadian Citizen requesting admission under the TN category at a Port of Entry must present proof of their Canadian Citizenship. Additionally, the Canadian Citizen must provide the Customs & Border Patrol Officer with an employment letter from the prospective employer outlining the terms of employment, purpose of employment, length of stay, and educational qualifications, in order to establish that the offered position qualifies as one listed in Appendix 1603.d.1. Where required, the Canadian Citizen may also need to provide credentials evaluation.
If the Customs and Border Patrol Officer is satisfied by the evidence presented by the Canadian Citizen, the Canadian Citizen will be admitted as a TN nonimmigrant. Proof of entry in the TN category will be evidenced by a stamp placed in the Canadian Citizen’s I-94 Arrival/Departure Record.
Family members of the TN nonimmigrant may also join the TN nonimmigrant in the U.S., on what is referred to as a TD Visa. Spouses and children under the age of 21 who are Canadian Citizens also do not need to apply for a visa, but may request admission under TD status at the Port of Entry with the TN applicant. The spouse/children of the TN applicant must provide proof of their Canadian Citizenship, relationship to the TN nonimmigrant, and photocopies of the TN’s I-94 Arrival/Departure Record.
However, non-citizen Canadians who are the spouses/children of a TN nonimmigrant must apply for a TD Visa with a U.S. Consulate. Once the TN nonimmigrant is granted admission in TN status, the spouse/child of the TN nonimmigrant may apply for the TD visa.
Stay in TN/TD status is valid for three years. Extensions of stay are also available for this nonimmigrant category. Most important under the TN category, is that the applicant continues to possess nonimmigrant intent, and demonstrate to the Customs and Border Patrol Officer or Consular Officer that they do not harbor immigrant intent. Further, there is no cap or limit on the number of times a Canadian Citizen may apply for TN visa or extend their stay in TN status.
For assistance with your TN Visa application, feel free to contact our office.
