TN – NAFTA Professionals (Canadians & Mexicans) (Back)

• The North American Free Trade Agreement (NAFTA) creates special economic and trade relationships for the United States, Canada, and Mexico.
   The nonimmigrant NAFTA (TN) visa allows citizens of Canada and Mexico who are professionals to work in the United States. Permanent residents,    including Canadian permanent residents, are not able to apply to work as a NAFTA professional.

Professionals of Canada or Mexico may work in the U.S. under the following conditions:
• Applicant is a citizen of Canada or Mexico;
• Profession is on the NAFTA list;
• Position in the U.S. requires a NAFTA professional;
• Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer. Self employment is not permitted;
• Professional Canadian or Mexican citizen has the qualifications of the profession.

The maximum period of admission into the U.S in TN status is one year. However, U.S. Citizenship and Immigration Services may grant an unlimited number of one-year extensions. At the time of applying for TN status, the Mexican or Canadian citizen must not have the intent to immigrate permanently to the United States. If circumstances change such that the U.S. employer wants the employee to work permanently in the United States and desires to sponsor the employee for permanent residency (“green card”), then the employee may need to change his status to another visa category that allows for immigrant intent, such as H-1B, before undertaking the permanent residency process.

Spouses and unmarried children under the age of 21 may accompany in TD status the primary TN holder. Dependents, however, may not work while in TD status.