The United States provides several visa categories designed to facilitate the mobility of professionals and their families. Among these, the TD (Trade Dependent) visa is a critical option for the spouses and unmarried minor children (under 21 years old) of TN (Trade NAFTA) visa holders, as well as for professionals from Canada and Mexico working in the U.S. under the United States–Mexico–Canada Agreement (USMCA).
This article explains the eligibility requirements, work and study limitations, and special considerations for dependents of TN professionals from both NAFTA and non-NAFTA countries.
Eligibility for TD Status
To qualify for a TD visa or TD status:
- The applicant must be the spouse or unmarried child under 21 of a TN visa holder.
- The relationship must be verifiable through official documentation, such as a marriage certificate or birth certificate.
- Dependents must maintain nonimmigrant intent, meaning they plan to leave the U.S. when the principal TN visa holder’s status ends.
TD visa holders are admitted for the same duration as the principal TN professional and must depart the U.S. or change status when the TN visa expires or terminates.
Employment and Education Rules
While TD visa holders cannot work in the United States, they may study full-time or part-time without obtaining additional authorization. If a dependent wishes to work, they must apply for and obtain separate work authorization through a qualifying visa category that allows employment.
Fee Waivers and Process for Canadian Dependents
One of the key advantages for Canadian TN professionals is the waiver of visa processing fees for their dependents.
- Canadian citizens do not require a visa to enter the U.S. in TD status.
- At the port of entry, Canadian dependents need only to present:
- Proof of Canadian citizenship,
- Evidence of the family relationship (e.g., marriage or birth certificate), and
- A copy of the TN visa holder’s Form I-94 showing valid TN status.
Once admitted, Canadian dependents are granted TD status for the same period as the principal TN professional.
Special Considerations for Mexican and Other Non-NAFTA Family Members
Mexican citizens must apply for a TD visa at a U.S. consulate before entering the United States. Once issued, they may be admitted for the same duration as the TN visa holder. Non-NAFTA dependents (those who are not Canadian or Mexican nationals) may also qualify for TD status. Their visas are:
- Placed in the passport of their country of nationality, and
- Issued based on the reciprocity schedule applicable to the TN principal’s nationality.
For example, a Chinese national married to a Canadian TN professional would be issued a TD visa based on Canadian reciprocity rules. Certain exceptions and restrictions apply to nationals of countries such as Iran, Iraq, and Libya, particularly concerning visa validity periods and processing fees.
Maintaining TD Status
To maintain TD status, dependents must:
- Not engage in unauthorized employment;
- Maintain the qualifying family relationship;
- Depart or change status upon the expiration or termination of the principal TN’s status; and
- Keep valid passports and I-94 records during their stay.
Conclusion
Understanding TD visa requirements is vital for families of TN professionals planning to live together in the United States. Whether you are a Canadian or Mexican national, or a dependent from a non-NAFTA country, knowing the eligibility rules, documentation requirements, and restrictions ensures a smooth process and ongoing compliance with U.S. immigration law.
If you or your family need help obtaining or maintaining a TD visa status, the Richards and Jurusik Immigration Law Firm can guide you through every step of the process.
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