The North American Free Trade Agreement (NAFTA) created special economic and trade relationships between the U.S., Canada & Mexico.The non-immigrant NAFTA professional (TN) visa allows citizens of Canada & Mexico, as NAFTA professionals, to work in the US in pre-arranged business activities for U.S. or foreign employers.
Canadian citizens usually are not required to obtain a TN visa. A Canadian citizen can apply for TN status at a U.S. Port of Entry. A Canadian citizen would need a TN visa if he / she resides in a 3rd country with a non-Canadian spouse and/or children. If such a Canadian citizen plans to enter the US as a NAFTA professional, he/she must 1st procure a TN Visa so that the dependent spouse/children may apply for the derivative TD visa.
Mexican citizens are required to obtain a TN visa in order to enter the US as a NAFTA professional.
Unlike H-1B visas, there is no quota on the number of TN visas which may be issued every year, therefore it can be obtained any time of the year.
Canadian applicants may apply directly at a border post, and get their TN visa immediately. Mexicans would have to apply at a consular post, but they may renew at border posts.
An advantage of the TN visa is that it may be renewed indefinitely in 3 year increments. one limitation of TN is that it is not a “dual intent” visa, another disadvantage is that your dependents, which would be in the US on TD status, are unable to obtain work authorization.
Applying for TN visa / status requires preparing different documents for different positions and involves complex processes. An experienced Immigration attorney could help you complete appropriately to maximize your chances of getting the TN visa/status. Missing documents, deadlines and inappropriate process will get your TN application denied.
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