Q: What is TN visa or status?
A: The TN category is special category created under NAFTA (North American Free Trade Agreement) for qualifying professionals who are nationals of Canada or Mexico. Aliens qualified to enter the U.S. under this category may work for a company located in the U.S. for a temporary period. Moreover, they may also work for a Canadian or Mexican company in the U.S. when those companies are engaged in projects with U.S. based companies.
Q: How long can I work in the United Status under TN status?
A: The initial time limit for a TN professional to work in the U.S. is three years. However, this period may be renewed for three years’ interval indefinitely.
Q: What are the basic requirements for a TN?
A: An alien must possess the necessary credentials to be considered a qualifying professional under this category. Generally, a Bachelor's degree or higher is usually required to be considered a professional in the TN category. Furthermore, the alien must intend to depart the U.S. upon completion of his authorized status. As a result, if the alien applies for permanent residence (Form I-485) while he is in TN status, he will have difficulty in obtaining renewal of his TN status. However, a pending or approved I-140 employment based immigrant petition or I-130 family based immigrant petitiondoes NOT impute immigrant intent, and therefore does not affect a TN alien’s ability to be admitted into the US as a TN alien or to extend TN status.Mexican nationals are required to have TN-2 visas before they may be admitted to the U.S. in this status, whereas Canadian nationals need only apply with the USCIS at the border and bypass the visa requirement.
Q: What is the difference between TN-1 and TN-2?
A: There are two different types of TN status. A TN-1 refers to a Canadian professional, and a TN-2 refers to a Mexican professional.
Q: I am a dependent of a TN holder. In order to join my TN family member, what visa should I apply for?
A: You may apply for a TD visa.
Q: What are the detailed requirements for a TN-1 visa?
A: To be qualified as a TN-1, a Canadian professional should meet the following qualification:
The applicant must be a Canadian citizen.
The applicant must intend to engage in employment in an approved profession and have an offer of employment. For a list of professions listed for this class, please click here.
The applicant must possess the necessary credentials to be considered a professional in the approved profession the applicant is applying under. A bachelor's degree or higher is usually required for all approved professions on the list. If the profession requires licensing, then the applicant must possess the requisite license.
The applicant must intend to stay in the U.S. for a temporary period. An applicant can be denied TN status because he has a pending immigration petition.
Q: What is the procedure to obtain a TN-1?
A: As nationals of Canada, aliens who qualify for TN-1 status are not required to obtain a visa. Therefore, they may apply directly to the USCIS for TN-1 status at the border. The applicant simply presents his evidence to the USCIS at the border and an interviewing officer reviews the evidence and makes a determination of the applicant's qualifications for TN-1 status based on his review of the submitted material. If approved, the applicant is given an I-94 and proceeds to enter the U.S.
Q: What are the detailed requirements for a TN-2?
A: To be qualified for a TN-2, a Mexican professional should meet the following qualification:
The applicant must be a Mexican citizen
The applicant must intend to engage in employment in an approved profession and have an offer of employment. For a list of professions listed for this class, please click here.
The applicant must possess the necessary credentials to be considered a professional in the approved profession the applicant is applying under. A bachelor's degree or higher is usually required for all approved professions on the list. If the profession requires licensing, then the applicant must possess the requisite license.
The applicant must intend to stay in the U.S. for a temporary period. An applicant may be denied TN status because he has a pending immigration petition.
Q: What is the procedure for obtaining a TN-2 visa?
A: The applicant must take all the necessary documentary evidence of employment and education the U.S. Consulate where the applicant applies for a visa. As those seeking TN-2 status are Mexican nationals, they are required to obtain a TN-2 visa to come into the U.S. If a TN-2 visa is issued, then the applicant proceeds to the border and applies for entry into the U.S.
Q: I am a Canadian citizen and wish to work in the U.S. on TN status. What are the benefits of TN-1 status?
A: The Benefits of TN-1 status for Canadian nationals are as follows:
Permission to work in the United States: TN-1 status allows professional workers to enter the United States and work in a professional capacity.
Indefinite Renewal: Unlike H-1B status, which usually has a maximum limitation of six years, an alien can maintain TN-1 status indefinitely. TN-1 status is granted initially for a period of three years, depending on the employer’s need, and can be renewed for an additional three years after that. There is no limitation on how many times TN-1 status may be renewed.
Rapid Processing Time: Unlike other nonimmigrant categories, an application for TN-1 status may be made at the border with a decision being rendered on the day the application is made. There is no long wait for processing after submitting the non-immigrant petition to the USCIS in the U.S. by mail, as is the case with an H-1B petition or even a TN-2 petition.
Special TD Status Afforded to Dependents: Dependents of the TN-1 petitioner may apply for a special TD status and accompany the principal petitioner for the duration of his or her stay in the United States.
No Need for a Visa/I-129 Application: TN-1 petitioners can come to the U.S. to work in their profession without having to go through consular processing to obtain a visa or apply for Change of Status through the USCIS.
Low Application Fee: A TN-1 applicant pays only a $50 application fee if he or she applies at the border or a $325 application fee if they apply in the U.S. In contrast, generally an H-1B petition requires a combination of fees:
7. No Quota: Unlike H-1B applicants, TN applicants are not subject to an annual quota.
Q: I am a Mexican citizen and wish to work in the U.S. on TN status. What are the benefits of TN-2 status?
A: The Benefits of TN-2 status for Mexican nationals are as follow:
Permission to Work in the United States: TN-2 status allows professional workers to enter the United States and work in a professional capacity.
Indefinite Renewal: Unlike H-1B status, which usually has a limitation of six years, an alien can maintain TN-2 status indefinitely. TN-2 status is granted for a period of up to three years depending on the employer’s needs and can be renewed for an additional three years thereafter. There is no limitation on how many times TN-2 status can be renewed.
Special TD Status Afforded to Dependents: Dependents of the TN-2 petitioner may apply for a special TD status and accompany the principal petitioner for the duration of his or her stay in the U.S.
Low Application Fee: The TN-2 applicant pays a $110 application fee as opposed to upwards of $1,110 in application fees for H-1B status.
No Quota: Unlike H-1B applicants, TN-2 applicants are not subject to an annual quota.
Q: I am a TN-1 holder and my TN-1 will expire soon. How can I renew my TN-1 status?
A: The Canadian professional can apply for the TN-1 renewal on a form 1-129. He or she must also submit all documents required to obtain TN-1 status in order to obtain a renewal. Essentially, a renewal application is treated like a new petition. The application fee is $325 each time an applicant applies for a renewal.
The Canadian professional on TN-1 status can avoid the $325 application fee and wait time by going back to Canada and applying for a renewal directly at the border, where they would only have to pay a $50 filing fee. In this instance, the applicant would not fill out an I-129, but would simply present the necessary documents to the interviewing immigration officer the same way they would have if applying for the visa for the first time
Q: I am a TN-2 holder and my TN-2 will expire soon. How can I renew my TN-2 status?
A: A Mexican national may also apply for the TN-2 renewal on a form 1-129, along with submitting all the necessary documents required to obtain a new TN-2 status through the USCIS. This would include an approved labor condition application. Essentially, a renewal application is treated like a new petition, except this time they must fill out an I-129. The application fee is $325 each time an applicant applies for a renewal. Unlike the TN-1, the Mexican professional on TN-2 status does not have the option of traveling to the border to renew their TN-2 status, as Mexican nationals have a visa requirement that Canadian nationals do not.
Q: I am a TD holder and my TD will expire soon. How can I renew my TD status?
A: Generally speaking, dependents of TN status holders who are in TD status apply for renewal on an I-539 (Application to Extend/Change Nonimmigrant Status). If filing for more than one dependent, then a supplement 1 must be attached to the I-539. The application fee is $$290. Please note that the I-539 must be filed simultaneously with the I-129. Canadian professionals on TN-1 status can avoid the extensive application fees by applying for renewals with their dependents at the border. The only fee involved in this scenario would be a $50 filing fee.
Q: I am a Canadian national in the U.S. I wish to change my status to TN-1. How can I do it?
A: You may file an I-129 form to change your current status to TN-1. However, if you and your TN dependents enter the U.S. under the Visa Waiver Pilot Program (VWPP), you and your TN dependents cannot change your status in the U.S. The filing fee is $130. All documents required to obtain TN-1 status must be submitted to the USCIS with the form. However, you can avoid the application fee by going back to Canada and applying for TN-1 status at the border where you would only have to pay a $50 filing fee. In this instance, you need not fill out an I-129, but would simply present the necessary documents to the interviewing officer.
(Updated 10/10/2012 by AG)
For more information on the TN category, please click one of the following links: