What is the NAFTA / TN Visa?

The NAFTA visa illustrates the competing interests of the non-immigrant visa categories.  The TN NAFTA visa serves professionals from Canada and Mexico.  The visa restricts applicants to those of a professional level.  The implementation of the TN visa has resulted in different procedures for citizens of Canada compared to citizens of Mexico due to various security and intent to stay concerns that differ between the two countries.

The TN non-immigrant classification allows nationals of Canada and Mexico to seek temporary entry into the United States to engage in business, normally at the professional level.[1]  The TN classification was created as part of the North American Free Trade Agreement (NAFTA).[2]

Canadian citizens are able to apply for TN status at the time of seeking admission to the United States by presenting the required documentation to Customs and Border Patrol (CBP).  The Canadian national must prove: 1) Canadian citizenship; 2) proof of professional capacity, purpose of employment, length of stay, and educational qualifications through an employment letter; and 3) credentials evaluation (if needed) with the appropriate fees.[3]

Mexican citizens are required to obtain a TN visa directly from a U.S. embassy or consulate in Mexico.  Canadian citizens are generally eligible for non-immigrant status in the United States without seeking a visa.  The TN category reflects the general distinction between Mexican and Canadian nationals when seeking any non-immigrant visa to the United States.  Thus, the TN visa is a continuation of competing interests of non-immigrants visas, particularly in the distinction between Canadian and Mexican citizens.

A TN Professional should be granted temporary entry.  There is no specific limit on the total period of time a TN Professional may remain in TN status, but the classification is for persons seeking temporary entry without the intent to seek permanent residence.[4]

[1] 58 FR 69205 (December 30, 1993)

[2] NAFTA, U.S.-Can.-Mex. (December 17, 1992), 32 I.L.M. 289 (entered into force January 1, 1994), Chap. 16.

[3] http://www.uscis.gov/working-united-states/temporary-workers/tn-nafta-professionals

[4] 63 FR 1331 (January 9, 1998)