The differences between TN visas for Canadians and Mexicans

What is TN Visa Status?

The United States-Mexico-Canada Agreement (USMCA) allows qualified Mexican and Canadian citizens to work in the United States under TN visa status for specific professional occupations. The USMCA replaced the North American Free Trade Agreement (NAFTA) on July 1, 2020, and provides for the temporary entry of professionals into the U.S.

Who Can Qualify for TN Visa Status?

Under the USMCA, only citizens of Mexico or Canada can qualify for TN visa status. Canadian professionals can obtain TN-1 visa status, while Mexican professionals can obtain TN-2 visa status. Permanent residents of either country do not qualify; you must be a citizen.

How to Obtain TN-1 Visa Status as a Canadian Citizen

Canadian citizens can apply for TN-1 visa status in three ways:

1. Port of Entry or Pre-Flight Inspection Application:
   • Submit an application directly at a U.S. port of entry or through pre-flight inspection.
   • Required documents: valid Canadian passport, employment support letter, and proof of qualifications.
   • The process typically takes less than 30 minutes.
2. Form I-129 with USCIS:
   • File Form I-129 through your employer.
   • Processing time: 15 days with premium processing or 2-6 months with standard processing.
   • Approved petitions result in an I-797 approval notice.
3. Consular Processing (Rare):
   • Apply at a U.S. Consulate or Embassy, usually when traveling with a non-Canadian spouse or dependent.
   • Processing times vary.

How to Obtain TN-2 Visa Status as a Mexican Citizen

Mexican citizens must apply for and obtain a TN visa stamp before entering the U.S. They can apply in three ways:

1. Consular Processing:
   • Apply at a U.S. Consulate or Embassy.
   • Required documents: valid Mexican passport, employment support letter, proof of qualifications, completed DS-160 form, visa fees, biometrics, and interview attendance.
   • Processing times vary; plan ahead.
2. Port of Entry Application (with TN-2 Visa Stamp):
   • Apply at a U.S. port of entry.
   • Required documents: valid Mexican passport, TN-2 visa stamp, employment support letter, and proof of qualifications.
   • The process typically takes less than 30 minutes.
3. Form I-129 with USCIS (for changes/extensions within the U.S.):
   • File Form I-129 through your employer.
   • Processing time: 15 days with premium processing or 2-6 months with standard processing.
   • Approved petitions result in an I-797 approval notice and new I-94 cards.

Differences Between TN Visa Status for Canadians and Mexicans

The application process is the primary difference between Canadians and Mexicans regarding TN visa status. Mexican citizens are required to obtain a TN visa stamp through consular processing at a U.S. embassy or consulate before entering the United States. This step involves scheduling an appointment, attending an interview, and waiting for the visa to be issued, which adds time and complexity to the process. In contrast, Canadian citizens can apply for TN status directly at a U.S. port of entry or pre-flight inspection station without a visa stamp. They simply present the required documentation, such as proof of employment and qualifications, to a U.S. Customs and Border Protection officer, making the process faster and more straightforward. This key difference highlights the additional administrative steps that Mexican citizens must navigate, impacting their overall timeline for obtaining TN visa status.

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