TN-visa is granted to individuals with a Canadian or Mexican citizenship who seek temporary entry into the United States as a “business person to engage in business activities at a professional level,” in accordance with the North American Free Trade Agreement (NAFTA). There is no fiscal year cap on the number of applicants.
What is meant by "business person to engage in business activities at a professional level?"
1. Who is a business person?: Any citizen of Canada or Mexico who is “engaged in the trade of goods, the provision of services, or the conduct of investment activities.”
2.What are the business activities at a professional level?: To carry out tasks that require “at-least a baccalaureate degree or appropriate credentials demonstrating status as a professional” in a listed profession in appendix of the NAFTA agreement.
1. The name of the profession matching the appendix profession set-forth in the NAFTA agreement.
2. A description of professional activities, and summary of job duties.
3. Length of stay noted by the employer.
4. The education qualifications or appropriate credentials which demonstrate that the professional level status. (It is advised that the petitioner or sponsor take the service of credential evaluation to check the professional level of the education).
5. Salary (and benefits if any) for services to be rendered.
6. Passport showing Citizenship of Canada or Mexico.
7. Application fee.
Varying Procedure to Canadians and Mexican Citizens for entry purposes
Canadian Citizens: Beneficiaries need not apply for US consular services in Canada. They can directly apply at Class A United States port of entry.
Mexican Citizens: Beneficiaries need to apply for US consular services in Mexico. Upon grant of visa at the US consular office in Mexico, they can enter the United States.
Non-immigrant intent & length of stay
TN visa is for temporary non-immigrant purposes. The initial length of stay is for three (3) years. At-least six (6) months before the end of three (3) year period, TN visa sponsor need to file for extension of stay by filing I-129, if the beneficiary is still in the United States. If the beneficiary is outside the United States, Mexican citizens need to go for US consular services in Mexico, and Canadian citizens can apply directly at Class A United States port of entry. The extension of status is usually granted for another three (3) years or until the end of temporary business professional work, whichever is earlier. There is no limit on the total number of years for this visa, that means the sponsor can apply for multiple extensions.