TN (NAFTA)

Canadian Citizens

Under NAFTA, Canadians in certain temporary positions, such as faculty, can enter the U.S. in TN status. This only requires a letter from the employer that the faculty member can present at the port of entry. This can only be used for non-tenure track positions. This classification does not require a petition for employment if the alien is a Canadian citizen and is outside of the U.S.

Entering the U.S.

The Canadian citizen makes application for TN status directly with an immigration officer at the time he or she actually wants to enter the United States. The application for TN status is itself an application for admission to the United States. It is not possible to submit documentation to DHS to obtain any kind of "prior approval" in advance of the actual entry to the United States.

At the port of entry, they must provide:

  1. A statement from the employer with a full description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, review the educational qualifications or credentials which demonstrate the applicant has professional level status, and the arrangements for pay or reward;
  2. Evidence that the beneficiary meets the education and/or alternative credentials for the activity. The TN visa applicant must present his or her credentials, including diplomas, transcripts, licenses, certificates or other documentation. DOS and DHS have the right to request to see these documents in original form or certified copies, so the applicant should be prepared with originals or certified copies;
  3. Evidence that all licensure requirements, where applicable to the activity, have been satisfied;
  4. Evidence of Canadian citizenship (passport);
  5. $50 application fee (must be in U.S. dollars).

Mexican Citizens

An employer in the United States must file the I-129 petition and must file it with:

  1. A statement from the employer with a full description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, and the arrangements for pay or reward;
  2. Evidence that the beneficiary meets the education and/or alternative credentials for the activity;
  3. Evidence that all licensure requirements, where applicable to the activity, have been satisfied;
  4. Evidence of Mexican citizenship; and
  5. A certification from the Secretary of Labor that the petitioner has filed the appropriate labor condition application or labor attestation for the specified activity.