TN Trade NAFTA Nonimmigrant Visas
Q: When is the TN visa appropriate?
A: TN visas are available only to Canadian and Mexican Nationals, and are created as a result of trade treaties with these two countries. They are available for positions or occupations on a statutorily-defined list (available here), and often those seeking admission to perform these jobs must demonstrate possession of a specific degree or specific work experience.
Q: What is the procedure to apply for a TN visa?
A: This depends on whether the beneficiary is a Canadian or Mexican national.
For a Canadian, the initial TN visa petition is generally not submitted through a USCIS Service Center like most other visas, but rather is submitted to the U.S. Embassy, Consulate or Pre-Flight Inspection point abroad (unless the individual is already present in the U.S. and a change of status or extension of status is requested through the USCIS Service Center).
This can be a significant advantage in terms of the speed with which the application can be approved. Often, a TN holder in the U.S. who seeks extension will choose to travel to a point abroad to reenter rather than wait for approval of an extension through the USCIS Service Center.
Note that only Canadians have the option of applying at a Pre-Flight Inspection point, as Canadians may enter the U.S. without a visa stamp. For a Mexican national, the TN application is similar to the H-1B petition - not only in that it must be submitted through a USCIS Service Center for approval before the visa stamp may be applied for from an embassy or consulate, but in that a Labor Condition Application must be filed with the U.S. Department of Labor and approved before the petition may be submitted to USCIS.
Q: Can a foreign national begin the process of applying for permanent residence while on a TN visa?
A: No. The TN visa does not permit "dual intent" - the intent to enter temporarily on a nonimmigrant visa while simultaneously intending to eventually attain permanent residence in the U.S. A TN visa holder must first change to a visa which permits dual intent, such as an H-1B or L-1 visa, before beginning the process of applying for permanent residence.
Q: How long can an individual be on a TN visa?
A: TN visas are valid for one year, and may be renewed. There is no specific limit on how many times they may be renewed, but with each year it will become more difficult to convince the interviewing official at the border (or the USCIS adjudications officer at the Service Center) that the intent of the foreign national is to remain in the U.S. only temporarily.
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The above is presented for informational purposes only, and does not constitute legal advice or create an attorney-client relationship with our firm. The information provided should not be used as guidance in pursuing an immigration matter absent consultation with a qualified immigration attorney.