The United States offers a variety of visa options to facilitate the movement of professionals and their families. Among these, the TD (Trade Dependent) visa stands out as a critical tool for spouses and minor children of TN (Trade NAFTA) visa holders, predominantly from Canada and Mexico. This blog covers the key aspects of the TD visa, highlighting eligibility criteria, employment restrictions, and specific considerations for dependents from NAFTA and non-NAFTA countries.
Eligibility and Restrictions
TD visas are designed for spouses and minor unmarried children under the age of 21 of TN visa holders. Applicants must demonstrate a genuine spousal or parent-child relationship with the TN status holder to qualify. While in the U.S. on a TD visa, dependents are not permitted to engage in employment unless they obtain separate authorization from the Department of Homeland Security (DHS). However, they are allowed to pursue full-time education.
Fee Waivers for Canadian Dependents
An essential feature of the TD visa process is the waiver of processing fees for dependents of Canadian TN visa holders. Canadian TN status holders can provide a valid Form I-94 as proof of DHS authorization, and they are not required to obtain a separate visa for their dependents to apply for TD status.
Special Considerations for Non-NAFTA Family Members
Family members who are not Canadian or Mexican nationals but are dependents of TN status holders are also eligible for TD visas. These visas are issued in their respective passports, and the terms, such as number of entries and validity, are determined based on the reciprocity schedule of the TN principal’s nationality. For example, a Chinese national married to a Canadian TN visa holder will receive a TD visa based on the Canadian reciprocity schedule. Specific exceptions exist for family members from Iran, Iraq, and Libya, particularly concerning visa validity and fees.
Conclusion
Understanding the nuances of the TD visa is crucial for families planning to accompany a TN visa holder to the U.S. Whether you are a Canadian or Mexican TN visa holder or hail from a non-NAFTA country, being aware of these details ensures a smoother transition and compliance with U.S. immigration regulations.
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