TN-NAFTA Treaty
TN - NAFTA TREATY
Since 1994, the North American Free Trade Agreement (NAFTA) has facilitated travel and temporary employment in the US for certain Canadian (TN-1) and Mexican (TN-2) workers. The TN status was created by NAFTA . Persons who enter the US in the TN status are subject to Sec. 214(b) of the Immigration & Nationality Act, and thus they must intend to return to their home country upon completion of their temporary stay in the US .
The TN status is available for professions or occupations listed on Appendix 1603 A.1 to Annex 1603 of the NAFTA. Some of the occupations listed include but are not limited to: management consultants, engineers, medical technologists, economists, accountants, architects, lawyers, librarians, social workers, interior designers, hotel managers, dentists, nutritionists. The TN employee must posses either a baccalaureate degree or a licenciatura degree (or, in some occupations state or provincial licensure) to qualify for admission. The employment must be temporary in nature up to a maximum of one year, extendible indefinitely as along as the temporary purpose of the employment continues.
There is no annual limit on TN-1 admissions from Canada . Mexican TN visas may not exceed 5,000 per year. Also, the application procedures for Canadian citizens are different than those for Mexican citizens.
Canadian Citizens
Canadians may apply directly at Class A U.S. Ports of Entry or at a pre-flight or pre-clearance station in Canada . No consular visa is required.
Documents needed are:
- Proof of Canadian citizenship
- A letter from a US employer offering employment in a profession or occupation listed on Appendix 1603 A.1 to Annex 1603 of the NAFTA with a description of the nature of the services, the duration of the professional employment (not exceeding one year) and remuneration for services.
- evidence of required credentials or licensure requirements for the activity;
Mexican Citizens
Mexican TN applicants must apply to the TN-1 visa at the appropriate US Consulate. A Mexican TN petition must include:
- proof of Mexican citizenship
- letter of a US employer offering employment in a profession or occupation listed on Appendix 1603 A.1 to Annex 1603 of the NAFTA with description of the nature of the services, the duration of the professional employment (not exceeding one year) and remuneration for services evidence of required credentials or licensure requirements for the activity;
- evidence of required credentials or licensure requirements for the activity;
TD - Dependents
TN dependents (spouses and/or unmarried children under 21 years of age) will be admitted under TD status. They may be students but may not have employment authorization. Note that dependents are not required to be Canadian or Mexicans.
