TN Visas

As noted in the visa types chart in section 1.1, NAFTA created special economic and trade relationships for the United States, Canada, and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

The following criteria determine eligibility for TN nonimmigrant status:

• The nonimmigrant is a citizen of Canada or Mexico
• The profession qualifies under the regulations
• The position in the United States requires a NAFTA professional
• The nonimmigrant has a prearranged full-time or part-time job with a U.S. employer (but not self-employment)
• The nonimmigrant has the qualifications to practice in the profession in question.

Unlike Mexican citizens, Canadian citizens are generally eligible for admission as nonimmigrants without a visa.  The TN category, a nonimmigrant classification, simply reflects this general exemption from the visa requirement.  NAFTA governs which evidence is required to prove whether a Canadian or Mexican citizen is a professional in a qualifying profession.

Canadian Citizens:

If the nonimmigrant is a Canadian citizen, he/she is are not required to apply for a TN visa at a U.S. consulate.  However, he/she may establish eligibility for TN classification at the time admission to the U.S. is sought by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry, or at a designated pre-clearance/pre-flight inspection station. The following documentation must be provided to the CBP officer:

• Proof of Canadian citizenship
• A letter from Kenyon College detailing items such as the professional capacity in which the work will be completed in the United States, the purpose of employment, the length of stay, and the educational qualifications
• Credentials evaluation (if applicable), together with any applicable fees.

Additional information and requirements may apply for admission to the United States.  If a CBP officer finds the nonimmigrant eligible for admission, he/she will be admitted as a TN nonimmigrant.

Mexican Citizens:

If the nonimmigrant is a Mexican citizen, he/she is required to obtain a visa to enter the United States as a TN nonimmigrant. The nonimmigrant should apply for a TN visa directly at a U.S. embassy or consulate in Mexico.  Once approved for a TN visa, the nonimmigrant may apply for admission at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station.  Additional information and requirements may apply for admission to the United States.  If a CBP officer finds the nonimmigrant eligible for admission, he/she will be admitted as a TN nonimmigrant. 

Mexican nonimmigrant TN visa holders are eligible for an initial period of stay of up to three years.  If he/she wishes to remain in the United States beyond the initial period of stay without first departing from the United States, the nonimmigrant must seek an extension of stay.  If in the United States, Kenyon may file Form I-129 on the nonimmigrant’s behalf.  Alternatively, the nonimmigrant may depart from the United States before the date the status expires; once abroad, the nonimmigrant may apply at a CBP-designated U.S. port of entry or at a designated pre-clearance/pre-flight inspection station using the same application and documentation procedures required at the time of the initial application for admission as a TN nonimmigrant.