Who qualifies for a "TN" visa?
The category "Professionals Under the North American Free Trade Agreement" is available only to citizens of Mexico and Canada. Under the North American Free Trade Agreement (NAFTA) a citizen of a NAFTA country may work in a professional occupation in another NAFTA country provided that 1) the profession is on the NAFTA list, 2) the alien possesses the specific criteria for that profession, 3) the prospective position requires someone in that professional capacity and 4) the alien is going to work for a U.S. employer. The spouse and unmarried, minor children of the principal alien are entitled to the derivative status, known as "TD", but they are unable to accept employment in the United States. Aliens entering under this classification are considered non-immigrants. TN status is granted for an initial period of up to one year, with subsequent extensions possible.
How can a "TN" visa be obtained?
The requirements for Canadians and Mexicans wishing to enter under this classification are not the same. Citizens of Canada must provide the following at the port of entry:
- A request for "TN" status;
- A copy of the applicant's college degree and employment records which establish qualification for the prospective job;
- A letter from the alien's prospective U.S.-based employer offering him or her a job in the United States (this should be issued by the hiring department at Dartmouth College, not the International Office)
- A fee of U.S. $50.00.
Canadian citizens are not required to obtain a visa, but instead receive "TN" status with the United States Citizenship and Immigration Services (CIS), formerly known as the Immigration and Naturalization Service (INS), at the port of entry. The "TN" status will only be granted if the period of stay is temporary.
The requirements for Mexican citizens are as follows:
- First, the International Office must file a labor condition application;
- Then, we will file an I-129 "Petition For Non-Immigrant Workers" with the U.S. Citizenship and Immigration Services (CIS); and
- After the petition has been approved, the alien must apply for a non-immigrant visa at a U.S. Embassy or Consulate in Mexico.
How can an application for extension of temporary stay be made?
Requirements for Canadians and Mexicans wishing to renew their "TN" status are not the same.
Applications for extension of stay are processed by the U.S. Citizenship and Immigration Services (CIS). Canadian citizens have two options. First , they may have their employer file an I-129 form at the closest regional CIS office. This option does not require leaving the U.S. Second, Canadians may return to Canada to re-apply at the port of entry with the same documentation that is required for an original application. If a Canadian citizen in TN status leaves the U.S. and is not in possession of an I-94 card, he or she may be required to provide alternate evidence of TN status whrn re-entering the U.S. Mexican citizens must have their employers renew their labor certification and file another I-129 with their regional BCIS office in order to extend their stay.
Additional Notes on TN Status
TN status does not allow "dual intent," and to be admitted as a TN employee, the applicant must be able to establish that s/he plans to return to his/her home country at some point in the future. TN status is not compatible with tenure-track faculty appointments or plans to immigrate to the US (i.e., become a "permanent resident" and hold a "green card.")
College researchers and faculty are included in the TN list of professions, as long as the degree is held in the field in which the research / teaching will be done.
How Much Does It Cost?
Prospective Canadian TN workers who cross the border pay $50, plus $7 for the I-94 card. Dependents pay only for the card(s). Extensions and change of status requests, which are submitted to the CIS Service Center in St. Albans, Vermont by the International Office, cost $130 for TN principals, and $140 for any number of dependents. Alternatively, a TN status holder may return to Canada, and re-enter, showing the same proof of eligibilty for TN employment as was originally shown. The same fee-scale as noted above upon initial entry will apply.
More information can be found on the CIS website:
http://www.travel.state.gov/tn_visas.html
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