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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.

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TN at a glance

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

What are TN visas?

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

Bild von USA Mexiko und Kanada Flagge

Requirements for TN visas

The requirements for applying for a TN visa are met if:

  • your employees have Mexican or Canadian citizenship,
  • there is a concrete job offer in the USA (no self-employment),
  • the position offered falls within the USMCA Professionals area,
  • your employees are USMCA Professionals (see below) and
  • the employees have a qualified degree (at least a Bachelor's degree).

To the so-called USMCA Professionals include among others

  • Management consultants
  • Engineers
  • Lawyers
  • Computer scientists
  • Economists
  • Scientists

Recognized professions of the TN visa

According to NAFTA/USMCA, 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.

This list includes the approximately 50 occupations for which Canadian and Mexican citizens with appropriate qualifications and experience can apply for a TN visa to work temporarily in the US:

  • Analyst for computer systems
  • Pharmacist
  • Architect
  • Astronomer
  • Author technical publications
  • Consultant for corporate development
  • Biochemist
  • Biologist
  • Accountant
  • Chemist
  • Decorator
  • Entomologist
  • Epidemiologist
  • Occupational therapist
  • Recreational therapist
  • Nutritionist
  • Nutrition coach
  • Forester
  • Research assistant
  • Gardener
  • Poultry scientist
  • Geneticist
  • Geochemist
  • Geologist
  • Geophysicist
  • Graphic designer
  • Hotel manager
  • University professor
  • Beekeeper
  • Industrial designer
  • Engineer
  • Landscape architect
  • Surveyor
  • Mathematician
  • Medical laboratory technologist
  • Meteorologist
  • Dairy scientist
  • Pharmacologist
  • Physicist
  • Physiotherapist
  • Plant breeders
  • Psychologist
  • Lawyer
  • Seminar professor
  • Social worker
  • State-certified nurse
  • Town planner
  • Veterinarian
  • Animal breeders
  • University professor
  • Management consultant
  • Scientists
  • Scientific technician
  • Dentist
  • Zoologist

Duration of stay and validity of TN visas

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.

What does a TN visa cost?

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:

  • In the USCIS application process: 460 US dollars
  • For an application at the US border: 56 US dollars
Bild von einer USA Kreditkarte für Visa-Gebühren

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.

To the cost overview

TN visa application

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

 

Here are the procedures for applying for the TN visa for Canadian and Mexican citizens:

Canadian citizens

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:

  • Proof of Canadian citizenship
  • A letter from the potential employer describing the professional position, purpose of employment, length of stay and educational qualifications
  • An evaluation of the certificates (if applicable)

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

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.

How do I apply for a TN visa?

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:

1. Fill out DS-160 form

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:

  • Valid passport
  • Personal information (e.g. marital status, address)
  • Data from the last five entries into the USA
  • Curriculum vitae, so that the current and previous employers can be indicated
  • Information on school career and travel behavior
  • Security issues
  • Digital, biometric passport photo (in 5 x 5 cm format)

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.

Create a Visa profile on the website of the visa information service through which your TN visa application can be processed.

Here you can also pay the visa processing fee and make an appointment for the visa interview.

Payment of the application fee: Pay the TN visa fee in the amount of 175.75 € (185 $). Payment can be made online or in cash.

Arrange the visa interview appointment: Arrange your appointment for the visa interview now. You can do this either online via the visa profile or by telephone.

When using our US Visa Service, we create the required online profile, pay the consular visa fee and arrange the appointment for the personal interview with the US consular officials.

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:

  • Confirmation of appointment
  • Barcode sheet of the online submitted form DS-160 including proof of payment of the consular application fee
  • Cover letter for the purpose of entry
  • If necessary, further documents such as financial documents, copy of employment contract, copy of rental contract, CV, etc.

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.

Accelerated application with Premium Processing

In principle, all applications submitted to the USCIS on Form I-129 (Petition for a Nonimmigrant Worker) - including the TN visa - have the option of speeding up the long processing times.

This is possible with form I-907 (Request for Premium Processing) and an additional fee of . The advantage of the Premium Processing procedure is that the USCIS guarantees applicants a response within 15 working days. The response usually includes an approval or a request for evidence (RFE) or rejection.

Attention: Due to the large volume of applications, the Premium Processing procedure can be suspended for a certain period of time, which can extend processing times by several months. However, this varies from year to year.

Sample of a TN visa

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.

Muster eines TN Visums

Here are some of the dates and information that can be found on a US visa:

  • Full name of the person holding the visa
  • Passport photo
  • Passport number
  • Date of birth
  • Gender
  • Nationality
  • Date of issue and expiration date
  • Visa type
  • Entry authorizations (M means that you can apply for entry to the USA several times. If there is a number here, you can apply for entry the corresponding number of times).
  • Name of the issuing office
  • Comments, if applicable

Impact of the USMCA free trade agreement

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.

Bild aus Mexiko
Our visa services

We advise you on the choice of the appropriate visa category and take over the complete processing for you or your company.

Online Auftritt vom US Visa Service
  1. First contact: We clarify which visa or which visa types are applicable in your case.
  2. Worldwide support: We will assist you with your request, no matter where you are located.
  3. Assignment: We send your HR department and the respective employees all the necessary documents and checklists.
  4. Visa processing: We take care of checking, correcting and compiling the application documents.
  5. Visa Interview Preparation: We will disburse the visa application fee for you and arrange the visa interview appointment. In addition, each applicant will be prepared by telephone for the formalities and procedures at the US Consulate.
  6. Visa issuance: We check your visa for accuracy and prepare your employees for entry into the USA by telephone.

Is my entry into the USA guaranteed with the TN visa?

Many TN applicants mistakenly assume that an approved US visa will automatically allow them to enter the United States. However, a TN visa in the passport does not guarantee entry to the USA.

A US visa is not legally a residence permit and therefore an approved TN visa does not grant entry. A valid US visa only entitles the holder to apply for entry at a border crossing point, such as an airport.

The final decision on entry and the duration of your stay is made by the border control officer each time you enter the country. Please note that you will rarely receive an entry stamp in your passport. Therefore, check your I-94 status online immediately after entering the country.

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.

Further information on Global Entry

Extension of a TN visa

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:

Prerequisites

To apply for an extension of the TN visa, the following requirements must be met:

  1. Continued employment: The professional activity for which the TN visa was originally issued must continue to exist. Any change of position or employer requires a new visa application.
  2. Unchanged conditions: The conditions under which the original TN visa was issued must still be fulfilled.

Renewal process

There are two main ways to extend the TN visa:

  1. Stay in the USA: The employer can apply for an extension with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the TN holder. This is done by filing Form I-129, Petition for a Nonimmigrant Worker. The application should be submitted in good time before the current visa expires in order to avoid legal difficulties.
  2. Exit and re-entry: Alternatively, the TN holder can leave the USA and apply for a new TN visa upon re-entry at a border crossing point (e.g. an airport). This requires the submission of all necessary documents, including a current proof of employment and a new employment contract.

Important notes

  • No limit on extensions: There is no specific limit to the number of extensions of a TN visa as long as the employment conditions remain fulfilled.
  • Early application: It is recommended to submit the renewal application at an early stage to ensure that there are no gaps in legal status.
  • Documentation: All relevant documents, such as the original employment contract, proof of qualifications and current employment records, should be kept available and updated.

US visas for TN family members

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.

Bild von begleitenden Familienangehörigen in den USA
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The most frequently asked questions about the TN visa

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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