TN Status - NAFTA

TN NAFTA Work Visa General Information: TN NAFTA Work Visas are temporary work visas available only to citizens of Mexico and Canada. Under the North American Free Trade Agreement (NAFTA), a citizen of a NAFTA country may work in a professional occupation in another NAFTA country, as long as the applicant meets certain requirements.

The spouse and unmarried minor children of the principal applicant are entitled to the derivative status (called TD Visa), but they are unable to accept employment in the United States.
 
Who Is Qualified for the TN Visa?
 
Canada and Mexican citizens with a job offer in one of the professions listed in the NAFTA Treaty may be eligible for a TN visa. A TN visa holder’s spouse and unmarried children under 21 may be eligible for a TD visa.
Here is a list of NAFTA Treaty professions and their corresponding job requirements to confirm that your profession is included.
 
Please note that the TN jobs are professional positions with certain qualifications. Most jobs require a baccalaureate degree from a certified undergraduate institution. Mexican citizens must hold a titulo to fulfill the baccalaureate degree requirement; a carta de pasante is not sufficient for NAFTA professions that require a baccalaureate degree. A carta de pasante is sufficient for professions that require only a postsecondary diploma or certificate. Some NAFTA professions require a specified amount of work experience. In every case, the TN applicant must prove to the adjudicating consular officer that he or she has the required educational and/or work experience to qualify for the TN visa.

Applying for TN visa at the port of entry.

Only Canadian citizens can apply for admission at the port of entry. The length of an issued TN visa will be limited to the terms of the employment contract. Applicants must demonstrate that their stay is temporary and has a reasonable, finite end that does not equate to permanent residence.

In order to prove these requirements, the following items should be a part of every application package presented at the port of entry. In many cases, additional information specific to the applicant’s situation should be submitted.

  • Filing fees of US$56.00. (This may vary, and it is wise to call INS beforehand to determine the exact fee.
  • Petitioner’s supporting letter written by an official of the applicant’s intended employer. This letter should describe the nature of Petitioner’s business, the revenues generated or volume of trade, proof of the temporary need for employee with applicant’s qualifications, a job description, applicant’s professional qualifications, amount of remuneration, and the temporary nature of the job.
  • College transcripts, copy of degree
  • Canadian passport
  • Copies of any applicable licenses (i.e., lawyer, CPA, etc.), or in the alternative, an explanation of why no license is required to perform services in the intended state of employment
  • The applicant must provide evidence that the intended U.S. business activity and the applicant qualify under Schedule 2 of NAFTA. A list of professionals who qualify is attached as Exhibit A.
  • The applicant must provide proof of possession of a license to practice his/her profession in the U.S., if one is necessary in the U.S. state where employment is located.
  • The applicant must provide documentation of remuneration arrangements with U.S. employer.
  • The applicant must show the U.S. employment will be temporary.
  • There can be no strike or lockout from a labor dispute in applicant’s job at the worksite.


How to Apply for a TN Visa at U.S. Consulate General Tijuana
To apply for a TN visa through the U.S. Consulate General in Tijuana, please prepare a package containing the following documents:

  • copy of your Mexican passport
  • copy of the petitioner’s job letter. The job letter should be written in English by the company for whom the applicant will work. The letter must be written specifically for the purpose of obtaining a TN visa. The petitioner must state the length of visa requested. See below for a sample of the job letter format.
  • completed DS-156 form for the applicant and all family members requesting TD visas. Males between the ages of 16 and 45 must also complete form DS-157. In regard to question 32 on form DS-156, please provide the physical address where you will be employed. Do not provide a post office box.
  • copies of all diplomas, certifications, and professional licenses required for the applicant’s chosen profession. Please send copies of the original document; do not send translations of the original document from Spanish to English.
  • evidence of work experience in applicant’s chosen profession (letters from current/former employers, pay stubs, contributions to I.M.S.S., etc.)
  • information about the petitioning company, to include the company’s brochure, profile, financial statements, annual reports, incorporation documents, or tax returns
  • proof of residency in Mexico (rent/mortgage payments, utility receipts, etc.)
  • proof of previous year’s salary for TN renewals (pay stubs and/or W-2 forms)
      

                          Format for a petitioner's job letter:


LETTERHEAD/LOGO, INCLUDING COMPANY NAME
ADDRESS
CITY, STATE, ZIP
PHONE
FAX
E-MAIL
DATE

U.S. Consulate General Tijuana
Nonimmigrant Visa Section
Tijuana, Mexico

Re: Petition for TN/TD Nonimmigrant Visa Application
Petitioner: Company Name and phone number
Beneficiary:
  • Full name of applicant (i.e. two first names and two last names)
  • DOB of applicant
  • Phone number and e-mail of applicant

Position: Position Title

Dear Sir or Madam:
Introductory paragraph
I. Petitioner profile:
     (General company background information)
II. Position description:
     (Duties and degree/experience required for position)
III. Beneficiary profile:
     (Applicant’s qualifications, including degrees and
     related work experience)
IV. Terms of employment:
     (Salary to be paid, length of visa requested, and other
     terms of employment)
Closing paragraph
     (Summary of major points of the petition)

The application packet must include an e-mail address for the applicant and the petitioner.
Please mail your package to: U.S. Consulate General, Attention: Nonimmigrant Visa Section, Tapachula #96, Col. Hipodromo, Tijuana, B.C., Mexico 22420. Please allow 15 working days before sending an email to TijuanaTN@state.gov for information on the status of your application.
Documents to Bring to the TN/TD Visa Interview
The applicant must bring the following documents to the visa interview:

  1. A valid passport with a minimum of 6 months’ validity and available empty pages for the applicant and each family member seeking a visa. Applicants should check their passport before their appointment. Bring any prior passports with U.S. visa stamps.
  2. A fully completed and signed visa application form DS-156 (found at http://evisaforms.state.gov/default.asp). Males between the ages of 16 to 45 must fill out supplemental form DS-157, found at http://www.state.gov/documents/organization/79964.pdf). Please note that only forms printed from the Internet are accepted.
  3. Receipt from Banamex reflecting payment of visa application fee. Each applicant — including children — must have an original Banamex receipt for $131 (dollars), or its equivalent in pesos (nonimmigrant visa fee increase from $100 US Dollars to $131 US Dollars effective January 1, 2008). This fee is nonrefundable.
  4. Original birth certificates for minor children
  5. Original marriage certificate for married couples
  6. Petitioner’s job offer letter (signed original), written on company letterhead (e-mailed or faxed letters are not accepted)
  7. Original degree(s) with S.E.P. (título) seal and cédula profesional
  8. Any other supporting documents

Children younger than seven do not need to be physically present for the TN/TD interview. If children are not present, parents should bring the following documents in support of their applications:

  • passport 
  • DS-156 form 
  • bank receipt 
  • photo with a white background that shows child’s full face and both ears

For the purpose of the TN visa interview, it is in the applicant’s best interest to bring as much documentation demonstrating experience and education as possible.
Additional Information
TN renewals must submit the same package in support of their application as first-time applicants.
Approved visas cost an additional $100 dollars per person per year. This issuance fee must be paid before the visa will be issued.  Approved visas may take from one to three days for delivery.
Please be advised that presenting false documents in support of your application can result in a lifetime visa ineligibility.