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The North American Free Trade Agreement (NAFTA) created free trade relations between the United States, Mexico and Canada. In the course of this, a special US work visa was created for Canadian and Mexican nationals. We explain what requirements must be met and whether the follow-up agreement USMCA has resulted in changes for the TN visa.
Visa category: Work visa
Target group: Highly qualified specialists from Mexico and Canada
Validity: up to 3 years
Length of stay: up to 3 years
Special features: Very high requirements for applicants
Mexican and Canadian citizens can work in the USA with the TN visa. The abbreviation "TN" stands for Treaty NAFTA. This designation was simply maintained after the introduction of the United States-Mexico-Canada Agreement (USMCA). The USMCA is the successor agreement to the North American Free Trade Agreement (NAFTA).
There are two kinds of TN visa:
TN-1 visa: for canadian citizens
TN-2 visa: for mexican citizens
The requirements for applying for a TN visa are met if:
To the so-called USMCA Professionals include among others
According to USMCA /NAFTA, there are approximately 60 occupations listed for which individuals with relevant experience may be eligible to travel to the United States on a TN visa, provided they meet all necessary requirements:
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The initial duration of stay with a TN visa is usually up to three years. During this time, visa holders can legally work and live in the USA. It is important to note that the TN visa is only valid for professional activities listed in the NAFTA agreement.
The TN visa remains valid as long as the visa holder carries out his/her professional activity and complies with the conditions of the visa. Should the employment change or end, the visa holder must either leave the country or submit a new application for a TN visa in connection with new employment.
Another important aspect is that the TN visa does not offer a direct path to permanent residency (green card). Nevertheless, it is possible to change status and apply for a green card through other channels, such as family relationships or other work visas.
The consular visa fee for the TN visa is 175.75 € (185 $) per applicant. This general application fee of the US consulates or US embassies must be paid by all applicants and is neither refundable nor transferable to other persons.
Payment of the processing fee can be made by online bank transfer, online payment by debit card or cash payment at a bank.
As a rule, this fee can be used to make an appointment within one year of the payment date.
The fees also vary depending on where and when the TN visa is applied for:
Furthermore, additional costs may be incurred for certain applicants:
Further information about the different visa fees, other possible costs and the current Payment methods can be found on our fees page.
There are different options for the TN visa application process for Mexican and Canadian citizens respectively:
| as a rule: | alternatively: | |
| Canada | application at the US border (CBP) | application at the US consulate / US embassy or filing of I-129 petition with USCIS |
| Mexiko | in-person interview at the US consulate / US embassy with presentation of all documents | filing of I-129 petition with USCIS |
Canadian citizens do not need to apply for a TN visa at a US consulate. They can prove their eligibility for TN classification directly upon entry into the US by presenting the required documentation to U.S. Customs and Border Protection (CBP) officers at certain US ports of entry or pre-clearance stations.
The required documents include:
Additional information and requirements can be found on the CBP website. If the CBP officer determines eligibility, the applicant will be admitted as a TN nonimmigrant.
Alternatively, the prospective employer may file Form I-129, Petition for Nonimmigrant Worker, with the USCIS. Upon approval of the Form I-129, the applicant may apply to CBP for entry by submitting the notice of approval, proof of Canadian citizenship, and a copy of the Form I-129. If approved by the CBP officer, the applicant will be admitted as a TN nonimmigrant.
Mexican citizens must apply for a TN visa at a U.S. embassy or consulate in Mexico. Information can be found on the website of the US Department of State under "Mexican and Canadian NAFTA Professional Worker".
Once the TN visa is approved, they may apply for entry at certain US ports of entry or pre-clearance/pre-flight inspection stations. For more information, visit the CBP website. If approved by the CBP officer, the applicant will be admitted as a TN nonimmigrant.
The application for a TN visa is made by the US company, organization or US agent acting on behalf of the applicant. The submission of the application documents cannot be cannot be carried out by the person concerned, the official applicant must be a US organization, a US company or a US agency.
The procedure for applying for a TN visa is divided into the following steps:
With the Approval Notice, the TN visa can now be applied for at the local US consulate. For this, the online form DS-160 on the website of the U.S. Department of State must be completed. The online application form must contain detailed information about the applicant and the planned stay in the USA. You should have the following documents ready when completing the online DS-160 form:
A few days after submitting your DS-160 form, you can check the status of your visa application online.
The professional processing and return of your DS-160 is part of our service. We will be happy to help you with the next steps.
On the day of the interview you must personally visit the US Consulate or at the US Embassy where your documents will be checked and you will be interviewed by the consular officers.
The following documents must be prepared and brought along for the appointment at the US Consulate or the US Embassy:
Be prepared to answer questions about your visa application, your planned stay in the U.S. and other relevant topics.
As a rule, TN visa applicants are informed at the end of their visit to the US consulate or embassy whether or not their visa application will be approved.
Our visa consultants prepare you optimally for this important date and provide you with the necessary documents to make your visa interview as smooth as possible.
If your TN visa application is approved, you will receive your passport with the TN visa returned by post or can arrange a pick-up appointment.
The TN visa contains a variety of information that identifies the visa holder and defines their rights and restrictions during their stay in the United States.
It is crucial that you review this information carefully and ensure that it meets the requirements of your planned stay in the USA.
Here are some of the dates and information that can be found on a US visa:
NAFTA has become the USA-Mexico-Canada Agreement: The free trade agreement known as the United States-Mexico-Canada Agreement, or USMCA, has replaced the North American Free Trade Agreement, or NAFTA, concluded in 1994. The USMCA trade agreement entered into force on July 1, 2020.
The USCMA agreement is essentially based on NAFTA. The legislation on labor mobility will also largely continue under the USMCA free trade agreement. The list of professions that were eligible for TN work visas under NAFTA has not been expanded.
The requirements for applicants are therefore the same as under NAFTA. The designation TN or TD has also been retained. This means that the difficulty of obtaining a TN visa has not changed significantly.
We advise you on the choice of the appropriate visa category and take over the complete processing for you or your company.
By the way: With Global Entry, certain biometrically registered and security-checked travelers can complete entry formalities independently and automatically at almost all major US airports. This allows foreign nationals to avoid long waiting times and enter the USA more quickly.
The TN visa, which allows citizens from Canada and Mexico to work temporarily in the USA, can be extended after the initial period of stay has expired.
Here are the essential steps and considerations for extending the TN visa:
To apply for an extension of the TN visa, the following requirements must be met:
There are two main ways to extend the TN visa:
Spouses and children have the option of obtaining a derived status, the so-called TD status or TD visa."TD" stands for Trade Dependents.
Please note that the application for a general work permit (Employment Authorization Document, EAD) is not possible in this case. Alternatively, it may be necessary to check whether a separate TN visa should be applied for.
A US work visa is always tied to a specific US company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.
The application process begins with the US company that wants to hire you. The US employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.
Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the US employer.
In the event that the employment contract is terminated, the US work visa automatically loses its validity. The derived visas of any family members who may have travelled with the employee also lose their validity upon termination of the work relations, as these are linked to the visa of the main visa applicant.
This means that the former visa holder is no longer allowed to enter the country with the work visa after termination of the employment relationship. Even if the work visa is theoretically still valid for a certain period of time, the visa may no longer be used to enter the United States. If the visa holder concerned wishes to travel to the US for tourism or business purposes in the future, he / she must reapply for an ESTA or a corresponding visa, depending on the type of activities carried out on site and the duration of such activities.
Tip: In order to avoid discrepancies or problems with later entries, it is advisable to inform the U.S. consulate about the new work situation. For this purpose, it is sufficient if the responsible company representative (e.g. HR manager, supervisor, board of directors) sends an e-mail to the responsible consulate with the request to invalidate the visa of the former employee. If possible, a copy of the visa should also be attached. The consulate will then put a note in the system so that the CBP officers at the US border are also informed.
In some cases, the visa holder will even be contacted directly by the U.S. consulate in order to send its passport with the work visa for the purpose of invalidation. In other cases, the visa will simply be invalidated by the CBP officer at the boder the next time he or she enters the United States.
Our recommendation: By sending a short message to the responsible U.S. consulate, companies can protect themselves and above all be sure that entry with the previously valid work visa is no longer possible. Do not take any risks and prevent possible abuse with company-bound visas.
As a rule, work visas for the United States cannot be applied for without a concrete US job offer. The official petitioner ("Petitioner") is the US company of the group of companies for the future employee ("Beneficiary"). An independent petition by the foreign employee is not possible. The L-1 visa application process involves at least two entities of the corporate group - the foreign employer, as well as the US location.
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