TN Visas: Frequently Asked Questions

The following questions and answers are based on those frequently posed to the Attorneys and staff at Chávez & Associates, P.C., L.L.O. We generously share this information as a courtesy to our clients and the immigrant community.

Should you have questions that are not addressed in this FAQ section, contact us for professional and personalized legal counsel.

Q. What are the requirements for Canadians wishing to enter under the TN Visa classification?

A. The requirements for Canadians are:

A request for TN status is made at the port of entry - no petition is filed with the Immigration & Naturalization Service. Canadian citizens are not required to obtain a visa but instead receive TN status on Form I-94 with the INS at the port of entry.

• Proof of citizenship is completed by showing either a Canadian passport or birth certificate.
• A copy of the applicant’s degree establishes qualification for the job (no work experience evaluations are accepted).
• A letter from the applicant’s prospective U.S.-based employer offering the temporary job in the U.S. and which is included on the professional job series
• A filing fee

There is no annual ceiling on the admission for Canadian professionals.

Note: Landed immigrants are permanent residents of Canada and do not qualify under NAFTA.

Canadians have two options for applications for extensions of stay:

• File Form I-129 at the Nebraska Service Center, or
  
  
• Return to Canada and re-apply at port of entry with same documentation as original application.

Q. What are the requirements for Mexicans wishing to enter under the TN Visa classification?

A. The requirements for Mexicans are:

The prospective employer must file a Labor Condition Application with the Department of Labor that includes several attestations. Please contact us for the appropriate documents.

• Form I-129, Petition for Nonimmigrant Worker is filed with the Nebraska Service Center. After the petition is approved, the applicant applies for a non-immigrant visa at a U.S. Embassy or Consulate in Mexico.
  
  
• Copy of the applicant’s degree/educational evaluation that establishes qualification for the job (no work experience evaluations are accepted).
  
  
• A letter from the applicant’s prospective U.S.-based employer offering the temporary job in the U.S. and which is included on the professional job series
• A copy of the applicant’s passport/visa/I-94.
• A filing fee to the INS

The annual ceiling for Mexican admissions is 5,500 although it is rarely reached.

Mexican citizens wishing to extend their TN status must have their employers renew the labor condition application and file another I-129 with the nearest INS Service Center.

NOTE: All TN immigrant visa applications are filed with the Nebraska Service Center.