Special Provisions for Workers from Canada and Me

Because of the North American Free Trade Agreement (NAFTA), certain citizens of Canada and Mexico are permitted to work in the United States for a U.S. company or foreign employer. The visa required of such individuals is called the Nonimmigrant NAFTA Professional visa (TN).

Who is eligible for a TN visa?

In order to apply for a Nonimmigrant NAFTA Professional visa, the following requirements must be met:

  • Citizen of Canada or Mexico;
  • Works in a NAFTA-eligible profession;
  • Meets qualifications of the profession;
  • Position in the United States requires a NAFTA profession;
  • Pre-arranged to work in pre-arranged full- or part-time job (not self-employed).

Are permanent residents of Canada and Mexico eligible?

No, only citizens of Canada and Mexico are eligible to apply for a TN visa.

Are the requirements for a TN visa the same for citizens of Canada and Mexico?

No. Generally Canadian citizens don’t need this visa, although they still may apply for one. If you are Canadian, reside in another country with a non-Canadian spouse and child, for example, you would need the visa in order to bring your spouse and child to accompany you (your spouse and child would apply for a separate TD visa based on yours). In this case, you should follow the same procedures as described for Mexican citizens below.

In addition to applicable fees, the following documentation is required for Mexican citizens applying for a TN visa:

  • Online Nonimmigrant Visa Electronic Application, Form DS-160.
  • A passport valid for travel to the U.S. valid at least six months beyond intended period of stay.
  • One (1) 2×2 photograph (unless applying in Mexico.
  • Letter of Employment in the U.S.

Applicants must also show that they meet minimum educational and work experience requirements.

Note that Mexican citizens do not need a United States Citizenship and Immigration Services (USCIS) approved petition first in order to apply, and they may apply at any consulate.
For full instructions on applying for a Nonimmigrant NAFTA Professional visa, including the most current information on the documents and fees required and provisions for spouses and children, be sure to check out the U.S. Department of State website. As with all visa issues, if you have any questions regarding your specific situation, you are advised to consult with an experienced immigration lawyer in your area.