Workers from foreign countries seek employment in the US for many reasons and to meet many needs. The North American Free Trade Agreement (NAFTA) gives certain professional workers the ability to work in the US. The "TN classification" applies to professionals from Canada and Mexico. Learn how the process works and how to use TN visas for you or your business.

The job must be in the US. The employer, however, can be a US or foreign company or entity. Here's a list of eligible professions.

Different rules apply for TN status, depending on if the worker is from Canada or Mexico.

TN Classification General Requirements

Professionals from either Canada or Mexico can work in the US if they meet the following:

  • Must be Canadian or Mexican citizens
  • The US-based job must be filled by a professional
  • The job's on the NAFTA list
  • A full- or part-time job is arranged and confirmed
  • Applicants are qualified within their profession

Rules for Canadian Citizens

If you're a Canadian citizen, you usually don't need a visa to enter the US and work as a NAFTA professional. You'll ask for admission to the US at a US port-of-entry, and provide these documents:

  • Proof of Canadian citizenship
  • An employer's letter listing details about your job, including your professional capacity, reason for your job, your qualifications and length of stay in the US
  • If needed, your credentials for the position (this varies by profession)

A US Customs and Border Protection (CBP) Officer reviews your request and documents. If approved, you enter the US as a TN nonimmigrant. You'll receive a Form I-94 Arrival/Departure Record as your proof of admission.

Rules for Mexican Citizens

While Mexican citizens do need a TN visa to enter the US as a NAFTA professional, you can apply in Mexico at a US embassy or consulate. Plan time for an interview. You can find wait and processing times on your embassy's web site. You don't have to file a petition with USCIS.

Documentation needed:

  • The online application for FORM DS-160
  • A valid passport for US travel; it needs to be dated six months past the end of your planned stay
  • A letter detailing your US employment

Other details to confirm include the current visa fee, and whether you need a photograph of yourself.

Once your TN visa is approved, apply for admission at a US port-of-entry. As with a Canadian applicant, a CBP Officer inspects your documents. Upon approval, you're admitted as a TN nonimmigrant and given a Form I-94. See the USCIS or US Department of State web sites for additional information.

Length of Stay and Extending Your Stay

You may stay in the US a maximum of three years as a TN professional worker. This is the same period allowed under an H-1B visa.

After three years, you can apply for readmission or an extension of stay. Extensions last up to three years. These periods were lengthened in 2007 to ease administrative and cost burdens on employers and workers alike.

While you may understand the process, seeking help from an immigration law attorney is often the best way to navigate a clear path to the US for yourself or your TN professional employees.

Questions for Your Attorney

  • My TN visa application was denied; can you help me reapply?
  • If I'm a TN professional worker, can my family come to the US?
  • Can I qualify for TN professional status if I'm a Canadian or Mexican citizen but I live with family in another country?