TN – Treaty National Visas
Under the US-Mexico-Canada Agreement (USMCA, successor to NAFTA, the North American Free Trade Agreement), nationals of Canada or Mexico are eligible for temporary admission to the U.S. to work in any one of the designated professional occupations, if they have a job offer from a U.S. employer and possess the educational credentials required for that job, per the treaty Appendix 1603.D.1, also detailed at 8 CFR Sec. 214.7.
Admission of Treaty Nationals in TN status is available for an initial period of one to three years, renewable indefinitely, at the discretion of the inspecting officer of U.S. Customs & Border Protection, but with an ongoing requirement of showing non-immigrant intent. Nationals of Canada are visa-exempt and may apply directly at the border or pre-flight inspection, with a job offer letter from the U.S. employer and their original educational credentials; nationals of Mexico must first apply for a visa stamp at a U.S. Embassy. In either case, there is no procedural avenue for appeal, but applicants by reapply. Treaty Dependent spouses and minor children are eligible for TD status. TD dependents need not be nationals of Canada or Mexico, but are ineligible to work.
In need of a TN visa lawyer? Contact Karin Wolman for more information!