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The TN visa or Treaty National visa is the professional visa that exists for Canadian and Mexican professionals pursuant to the North American Free Trade Agreement (NAFTA). Since the requirements of a TN visa for Mexicans are closely related to the H-1B visa, this section only discusses the TN visa for Canadians.
First of all, to qualify for TN status, the intended activity must be in a profession listed on Schedule 2 of NAFTA, and the Canadian professional must meet the requirements necessary to be considered to be a professional listed on Schedule 2 (for your convenience, Schedule 2 is listed at the bottom of the page).
Duration - A TN visa is valid for one year and it may be renewed in one year increments. There is no limit on the total period of stay for TN professionals. Those Canadian (and Mexican) professionals who do reach the maximum allotted period of stay on the H-1B visas and L-1 visas have the opportunity to change to the TN status without completing the one year abroad imposed by the immigration laws for those two visa categories.
How to apply for the TN visa - The TN visa is the most flexible professional visa in its application requirements. Unlike most other types of visas, a TN applicant can literally apply for the visa at the major Canadian airports, border crossing stations and U.S. ports of entry. There is no need to process the petition with the four INS service centers. This means that a Canadian professional who is hired by a corporation located in the U.S. may process in just one day!!! (For Mexican nationals this is not so - the process parallels obtaining an H-1B).
For your convenience, here are the phone numbers to the INS inspection stations at the three major Canadian airports:
- Dorval Airport-Montreal (514) 631-2097;
- Toronto International Airport (905) 676-2563; and
- Vancouver Airport (604) 278-3360.
Family Members - The spouse and children under 21 years of age are eligible for the TD (Treaty Dependent) visa. This visa does not entitle the holders to work, but it does entitle them to attend school.
The Application - The foreign professional needs documentation that she/he is a Canadian citizen, that they meet the requirements to be considered professionals as stated on Schedule 2 and a letter of support from the U.S. employer. Beyond a letter of support, it is also very helpful to have original brochures about the employer, if there are any.
Do you need an attorney to obtain a TN visa? The answer to this question is that the majority of the time an attorney does not need to get involved. Obviously, if the professional or the employer prefer that an attorney review the petition, there is nothing wrong with doing so, but most often the TN visa is a straight forward uncomplicated process.
Obtaining U.S. Permanent Residence - The TN visa requires that the beneficiary does not have the intent to permanently immigrate to the United States. Consequently, if you are a Canadian professional who is already in the U.S. or who wishes to enter the U.S. pursuant to the TN visa to eventually obtain the permanent residence, it is highly recommended that you consult a qualified immigration attorney.
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NORTH AMERICAN FREE
TRADE AGREEMENT (NAFTA) SCHEDULE 2
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