How to Apply for a TN Visa

The TN Visa application process is considered the fastest way for Canadians and Mexicans to get the US to work visa.

Applying for a TN Visa

Depending on your citizenship and your situation, a new TN Visa can be obtained in one of three ways.

Canadian Citizens

If you are a Canadian citizen, then you are not required to apply for a TN Visa at a US consulate. In many cases, Canadians may even obtain TN Visa status in as fast as 15 minutes right at the US border. You may establish eligibility for TN classification either:

• In-person with US Customs and Border Protection (CBP). Qualified Canadian citizens are able to make a TN Visa application in person up to 10 days in advance of the employment start date at certain CBP-designated US ports of entry or at any qualifying pre-flight inspection point by presenting required documentation to a CBP officer at the time you seek admission to the United States.
• By mail with US Citizenship and Immigration Services (USCIS). Prospective TN employers may choose to file on behalf of a Canadian citizen who is outside the United States by submitting Form I-129 up to 6 months in advance of the employment start date.

Mexican Citizens

If you are a Mexican citizen, then you are required to obtain a visa to enter the United States as a TN nonimmigrant. You should apply for a TN visa:

• Directly at a US embassy or consulate in Mexico. You should apply up to 6 months in advance of your employment start date. Once you are approved for a TN Visa, you may apply for admission at certain CBP-designated US ports of entry, or at a designated pre-clearance or pre-flight inspection station.

TN Visa Durations

The TN Visa can be obtained for a time period of one (1) day and up to a maximum of three (3) years at a time, as long as the passport presented has a validity date throughout the requested period of admission.

In addition to verifying passport validity, NAFTA Officers will reference contract periods and offer letter dates to grant TN status for a duration limited to the length of passport validity, employment length, or contract length.

Here are a few examples of how TN Visa durations are determined:

• An applicant for a TN Visa presents a three (3) year employment letter. The applicant may be admitted for the entire three (3) year employment period, as long as the passport is valid for the length of requested employment.
• An applicant for a TN Visa presents a three (3) year employment letter along with an employment contract valid for a one (1) year period. The applicant may only be admitted for the validity of the employment contract, no matter how long the request is in the employment letter is, as long the passport is valid for the length of requested employment.
• An applicant for a TN Visa presents a three (3) year employment letter and a passport valid for two (2) years. The applicant will be limited to a two (2) year employment period.

Renewing Your TN Visa (“Extension of Status”)

The TN Visa is a nonimmigrant visa. This means that those on the TN Visa must maintain an intent to depart the country at the end of their temporary stay. So as long as you maintain your permanent ties and intend to return to your home country, and as long as the need for your services by the same employer continues, you can renew a TN Visa indefinitely (also known as “Extension of Status”).

You can extend the period that your TN Visa is valid simply by renewing your TN Visa. As long as your job continues to satisfy the TN Visa requirements, your stay will be extended.

There are specific time periods and processing times that apply to extension petitions:

• Applications for extensions or renewals of a TN Visa with USCIS can be filed up to 6 months prior to expiration or within 10 days of the expiration of the TN Visa
• Your employer cannot file an extension petition before 6 months till the end of your current TN Visa
• Processing times for the renewal can take anything from 2 to 7 months
• A premium processing service (which take about 15 calendar days) available at an additional cost

TN Visa renewals can be obtained every three (3) years, with no limit on the number of possible extensions and for as long as needed.

There are generally two options for current TN Visa holders to consider when requesting a TN Visa renewal:

• By mail with USCIS. You (or your employer) can file Form I-129 by mail. This option allows current TN Visa holders that do not have a change in employment the convenience of renewing through a service center, and it eliminates the need to travel to a port of entry to seek a renewal.
• In person with USCBP. You can depart the United States, then re-apply for a TN Visa with CBP upon returning to the United States.

TN Visas & Your Family: TD Nonimmigrant Status

Can my family come to the US under my TN Visa? A spouse or qualifying dependent of a TN Visa holder is granted a TD Visa. The spouse and children under the age of 21 may accompany or join the TN status holder in the United States if they qualify for TD nonimmigrant status. A TD Visa holder can live in the US along with the TN Visa spouse or parent for as long as their TN Visa status remains valid. Family members other than the spouse and children of a Canadian TN Visa holder (such as parents, cohabiting partners, and other family members who don’t qualify for TD status) may qualify for B status.

How do my family members qualify for a TD Visa? To be eligible for a TD visa, they must demonstrate a spousal or child-parent relationship with the TN status holder. The spouse and children of TN Visa holders are not required to have visas, but they must be able to provide the necessary documentation at the port of entry:

• Proof of Canadian or Mexican citizenship
• Proof of relationship to the TN status holder (marriage certificate or birth certificate)
• Photocopies of the entry documents of the TN status holder (a valid Form I-94)

It’s not necessary for the dependents of Canadian TN Visa holders to have Canadian citizenship. In such cases, they must contact the US embassy or consulate in their area to be informed about the application process.

Can my spouse and dependents work? A TN Visa only grants work status to the employee. Although a TD Visa allows a spouse and qualifying dependents to live in the US, it does not grant them work status.

How can my spouse or dependant work while I am on a TN Visa? A spouse or dependant that wishes to work in the US must qualify for and obtain their own work status, either on a TN Visa or in another qualifying work status. This is done in the same way the TN Visa holder obtained their original TN Visa.

What can you do on a TD visa? Although they are not authorized to work, TD Visa holders are allowed to attend school and otherwise live legally in the US.