TN VISA (NAFTA)
for qualifying Canadian and Mexican nationals

The TN is a nonimmigrant work permit for qualifying Canadian and Mexican nationals, and is issued for periods of up to one year, renewable indefinitely.  For TN eligibility, an applicant must be engaged at a professional level in one of the occupations or professions listed here. Spouses and unmarried children under 21 may accompany the principal TN holder in TD (Trade Dependent) status. However, TDs do not have authorization to work while in the U.S.

There is no restriction on the number of TNs awarded each year.  

Self-Employment & Entrepreneuership

The TN is not an opportunity for entrepreneuers to set up a business entity that, in turn, sponsors them for the TN.  In fact, the regulations specifically disallow self-employment of TN holders. More specifically, TN holders may not be sole owners of, or hold a controlling interest in, their sponsoring entities.

Numerical Cap on Mexican TNs Removed and Processing Requirements Simplified
March 10, 2004

On March 10, 2004, the Department of Homeland Security announced a rule removing the annual numerical cap on the number of Mexican professional admissions under the North American Free Trade Agreement (NAFTA). This rule also eliminates the associated requirement of a petition for a Mexican-based NAFTA professional and the corresponding labor condition application.

Prior Procedures

Prior to this time, a citizen of Mexico seeking to come to the U.S. as a TN nonimmigrant was required to apply to the Department of Homeland Security (DHS)/US Citizenship and Immigration Services (USCIS) Form I-129, Petition for Nonimmigrant Worker. To properly file this form with USCIS, the applicant must also submit a certified Labor Condition Application (LCA) from the Department of Labor (DOL). Upon approval of the petition by USCIS, the Mexican citizen then had to appy othe US Department of State (DOS) for a visa.

New Procedures

This rule elimimates the petition and LCA requirement. Rather than make an application to the DOL and the DHS/USCIS, a Mexican citizen wishing to come to the US in TN classification must apply directly to the DOS for a visa. DOS will adjudicate this person's eligibility for TN classification, and upon approval and issuance of a visa, the alien may apply for admission to the US. The DOS may collect fees prescribed by the Secretary as consistent with NAFTA for such application.

Request for Extension/Change of Employer

Requests for extensions of stay and requests to add or change employers must be submitted on Form I-129. However, no LCA will be required to obtain an extension. Note that the extension request made on Form I-129 is not a petition for status within the meaning of Section 214(c)(1) of the Act and does not confer any of the appeal rights normally associated with a petition. The Form I-129 in the extension context is merely the vehicle by which the Department collects the information necessary to make a determination on the extension application.