If you are looking to work in Canada as a citizen of the United States or Mexico, you should check out the TN visa, also referred to as TN status (Trade NAFTA).
The North American Free Trade Agreement (NAFTA) gives citizens of the U.S. or Mexico preferential treatment.
Even as we use the term “Visa” here, Mexicans and United States citizens who wish to enter Canada in order to work for a Canadian enterprise do not get a visa issued to them; rather, they are admitted on a TN status as they are approved.
There is a wide range of occupations/professions eligible for NAFTA professional designation and we have given a list here, kindly check to see if your occupation fits in.
What is TN Visa – NAFTA Definition
TN visa also referred to as TN status (Trade NAFTA) is a unique non-immigrant classification in the United States, Canada, and Mexico, that allows them to work in any of their countries for three years.
The TN status was established due to provisions of the North American Free Trade Agreement as a work permit or work visa for several professionals from any of the three NAFTA member states in any of the member states.
Benefits of the TN Visa
- Citizens of Canada can obtain a NAFTA visa at the border. There’s no approval process by the U.S. Citizenship and Immigration Services (USCIS) or a Labor Certification from the Department of Labor.
- Once a Canadian and Mexican professional has obtained a TN Visa status, they can request extensions based upon their qualifying professional activity.
- If you have a TN Visa, you can request a TD dependent visa status for your spouse and children under 21. This means your dependents can attend school as long as they are qualified under the TD visa classification criteria.
- Your movement in and out of the U.S. is free as long as you have a valid TN status.
Requirements for TN Visa
Only a few requirements wouldn’t cause you to pull a hair.
To qualify for the TN Visa (NAFTA), you may have to meet the following TN Visa requirements:
- You should be a U.S., Canadian, or Mexican citizen
- The job you desire must be listed in the NAFTA job list in NAFTA (Appendix 1603.D)
- You should be qualified to work by having the experience and/or required licenses and degrees to perform the job offered
- A job has been offered to you by any U.S., Canadian, or Mexican employer
- You do not intend to stay permanently in the country as the visa is temporary.
TN Visa Categories
There are two types of TN visas: the TN-1 Visa and the TN-2 Visa.
While the three states have their Visa rankings, Canada refers to the visas issued to U.S. citizens as TN-1 Visas and those issued to Mexicans as TN-2 Visas.
On the other hand, the U.S. refers to the permit issued to the Canadian citizen as TN-1 and that issued to the Mexican citizen as TN-2.
Important Note: Canadian citizens have free access to the USA and do not need a visa for entry.
Hence, Canadian citizens are technically applying for a TN Status and not a Visa.
However, the term TN Visa or TN1 Visa may be used in this post for simplicity.
TN Visa Checklist
You need to go along with all the required documents when seeing the immigration officer.
The reason is that you wouldn’t want to be sent back to get some more documents, hence missing your flight.
We have listed out the required documents you need to go with to see the immigration officer below:
- Citizenship proof
- Your Employment Letter (or TN Visa Application Letter)
- Proof that you meet the requirements for the occupation you are applying for under NAFTA
- Fee for filing
Depending on your educational qualification, job experience, and occupation, you may need some extra documents.
How To Apply For Your TN Visa Application
You are right if you think that the process for different countries varies from one to another.
The application process for different citizenships and countries is slightly modified, and here, we will split it like this.
- Canada citizens applying by mail to the USCIS office
- Canada citizens applying at a U.S. border crossing
- Mexican citizens applying at a U.S. border crossing
- American citizens applying to work in Canada
Canada Citizens Applying by mail to the USCIS Office
Application by mail became easier after the approval of new applications by mail from outside the U.S. in October 2012.
Before then, you could only apply by mail if you already had an existing TN Visa, resided in the US, and were renewing your TN Visa for the same position.
This includes filing a Form I-129 form, the Free Trade Supplement, and the above-mentioned supporting documents.
Get the I-129 address details. Mail your application to the Vermont Service Center.
No document should be left out; you must submit all documents as though you were applying at the Port of Entry (POE).
If you think this is an easier way or an option if you wish to dodge the immigration officer’s interview, then you are wrong. You will be interviewed at the border, and the immigration officer can still deny you entry even after your application has been approved.
Always be prepared for an Immigration Officer’s interview.
You also pay a filing fee in US dollars for Form I-129, which must be paid alongside your mailed application.
See application details on the USCIS Form I-129 web page.
Canada Citizens Applying At A U.S. Border Crossing
Canadian citizens can apply for TN visas at different border points, including land or sea.
Land Border Crossing
There are several border crossings, and not all of them require processing a TN Visa, so it is advisable to plan ahead of time to see if you can apply for one.
Tips
If a Canadian works in California, he can easily drive down to the San Diego / Tijuana border crossing (officially the San Ysidro crossing) and renew their TN Visa without returning to Canada.
Pre-clearance Center (or Pre-flight station)
You can find a U.S. Pre-clearance center at a Canadian international airport.
Flying out of a major city in Canada may require you to go through the U.S. Customs and Immigration after the ticketing desk and just before departing to your gate.
Your TN Visa Application will be submitted to the US Immigration Officer on duty, and this area is referred to as “US soil.”
Tips
Do not book the first flight in the morning, as the Pre-clearance center may not be open so early.
It is recommended that you book a flight later in the day.
Be punctual. Arrive as early as 3 to 4 hours before your departing time to allow the officer enough time to review your application.
U.S. International Airport
Sometimes, the airport you depart from may not have a pre-clearance center.
Hence, you will do your customs and immigration once you arrive at a U.S. International Airport.7
Here, you will submit your application and present your TN request.
Tips
We do not recommend this process for your first application, as if you are denied a TN Visa, you won’t be allowed to enter the U.S., leaving you with no option other than purchasing a flight ticket back to your country.
Mexican Citizen Applying to Work in the US
There are a lot of similarities between a Mexican citizen and a Canadian citizen applying for the TN Visa, except for the fact that Mexicans may need some more additional steps before leaving Mexico, which include:
- File your application at a US Embassy or Consulate in Mexico
- Complete the DS-160 application
- Schedule an appointment for an interviewed
- Pay the interview fee and be interviewed
Some U.S. employers are not willing to wait for this process when they wish to start working immediately, as it takes some time.
Therefore, it should be planned very well.
What to do—Let your employer know that there might be some delay, and you will try your best to obtain the TN Visa as quickly as possible.
Also, try to keep them updated on your progress.
This helps to keep their minds on you and let them know that you are moving forward.
Here are some things to know before applying for your first TN Visa in Mexico:
- You must pay a fee to obtain this visa from the US Consulate.
- You will be given an appointment to submit your TN Visa application. Hence, you will wait for the appointment time that is available.
- You will need to give additional time after your interview as the Consulate adjudicates (reviews and approves) your application.
- Try to stay close to a U.S. Consulate. If you do not live near one, travel a day ahead of time to deal with any delays the following day.
U.S. Citizen Applying to Work in Canada
Applying to work in Canada from the U.S. or Mexico differs from applying to work in every other country due to the NAFTA law.
Canadian employers must get a Labour Market Impact Assessment (LMIA) for foreign workers, and foreign workers need a work permit to work in Canada.
This is not the case with Mexican and U.S. citizens, as NAFTA automatically waives this and allows them to quickly apply for a TN Visa even at the Point of Entry.
Remember, U.S. and Mexican citizens looking forward to working in Canada must complete the essential TN Visa Application documents alongside any additional supporting documents.
See the list of documents required for TN Visa here.
TN Visa Cost
Below is a list of every fee you must pay in this process.
- Filing Fee – Regular $460
- Filing Fee – Premium $1,900
- Visa Pro Processing Time is 4 business days
If you wish to start this process and need someone to talk to, contact us.
