Q: What is USCIS?
A: USCIS stands for U.S. Citizenship and Immigration Services. It is the agency of the U.S. government principally responsible in matters dealing with aliens in the United States. This includes giving it jurisdiction over many aspects of TN status. Prior to March of 2003, the USCIS was called the Immigration and Naturalization Service (INS). For a brief period of time, it was known as the Bureau of Citizenship and Immigration Services (BCIS). It is also sometimes just referred to as the CIS. For purposes of this web site, we use the current accepted name of U.S. Citizenship and Immigration Services or USCIS.
Q: What is TN visa or status?
A: The TN category is special category created under NAFTA (North American Free Trade Agreement) for qualifying professionals who are nationals of Canada or Mexico. Aliens qualified to enter the U.S. under this category may work for a company located in the U.S. for a temporary period. Moreover, they may also work for a Canadian or Mexican company in the U.S. when those companies are engaged in projects with U.S. based companies.
Q: How long can I work in the United Status under TN status?
A: The initial time limit for a TN professional to work in the U.S. is three years. However, this period may be renewed from three-year indefinitely.
Q: What are the basic requirements for a TN?
A: An alien must possess the necessary credentials to be considered a qualifying professional under this category. Generally, a Bachelor's degree or higher is usually required to be considered a professional in the TN category. Furthermore, the alien must intend to depart the U.S. upon completion of his authorized status. As a result, if the alien applies for permanent residence while he is in TN status, he will have difficulty in obtaining renewal of his TN status. Mexican nationals are required to have TN visas before they may be admitted to the U.S. in this status, whereas Canadian nationals need only apply with the USCIS at the border and bypass the visa requirement.
Q: What is the difference between TN-1 and TN-2?
A: There are two different types of TN status. A TN-1 refers to a Canadian professional, and a TN-2 refers to a Mexican professional.
Q: I am a dependant of a TN holder. In order to join my TN family member, what visa should I apply for?
A: You may apply for a TD visa.
Q: What are the detailed requirements for a TN-1 visa?
A: To be qualified as a TN-1, a Canadian professional should meet the following qualification:
1. The applicant must be a Canadian citizen.
2. The applicant must intend to engage in employment in an approved profession and have an offer of employment. For a list of professions listed for this class, please click here.
3. The applicant must posses the necessary credentials to be considered a professional in the approved profession the applicant is applying under. A bachelor's degree or higher is usually required for all approved professions on the list. If the profession requires licensing, then the applicant must posses the requisite license.
4. The applicant must intend to stay in the U.S. for a temporary period. An applicant can be denied TN status because he has a pending immigration petition.
Q: What is the procedure to obtain a TN-1?
A: As nationals of Canada, aliens who qualify for TN-1 status are not required to obtain a visa. Therefore, they may apply directly to the USCIS for TN-1 status at the border. The applicant simply presents his evidence to the USCIS at the border and an interviewing officer reviews the evidence and makes a determination of the applicant's qualifications for TN-1 status based on his review of the submitted material. If approved, the applicant is given an I-94 and proceeds to enter the U.S.
Q: What are the detailed requirements for a TN-2?
A: To be qualified for a TN-2, a Mexican professional should meet the following qualification:
1. The applicant must be a Mexican citizen
2. The applicant must intend to engage in employment in an approved profession and have an offer of employment. For a list of professions listed for this class, please click here.
3. The applicant must possess the necessary credentials to be considered a professional in the approved profession the applicant is applying under. A bachelor's degree or higher is usually required for all approved professions on the list. If the profession requires licensing, then the applicant must possess the requisite license.
4. The applicant must intend to stay in the U.S. for a temporary period. An applicant may be denied TN status because he has a pending immigration petition.
5. The applicant must be the beneficiary of an approved labor condition application from the Department of Labor.
Q: What is the procedure to obtain a TN-2?
A: An application for TN-2 and supporting evidence and documentation must be submitted to the USCIS by mail. If approved, the applicant will receive an approval notice. The applicant then takes this approval notice along with other required materials to the U.S. Consulate where the applicant applies for a visa. As those seeking TN-2 status are Mexican nationals, they are required to obtain a TN-2 visa to come into the U.S. If a TN-2 visa is issued, then the applicant proceeds to the border and applies for entry into the U.S.
Q: I am a Canadian citizen and wish to work in the U.S. as a TN. What are the benefits of TN-1 status?
A: The Benefits of TN-1 status for Canadian nationals are as follows:
1. Indefinite renewal: Unlike H status which usually has a limitation of six years, an alien can maintain TN status indefinitely. TN status is granted for a period of up to three year depending on the employer's need and can be renewed for an additional year. There is no limitation on how many times TN status may be renewed.
2. Rapid processing time: Unlike other non-immigrant categories, an application for TN status may be made at the border with a decision being rendered on the day the application is made. There is no long wait for processing after submitting the non-immigrant petition to the USCIS in the U.S. by mail, as is the case with an H-1B petition.
3. Special TD status afforded to dependents: Dependents of the TN-1 petitioner may apply for a special TD status and accompany the principle petitioner for the duration of his stay in the U.S.
4. No need for a visa: TN-1 petitioners can come to the U.S. to work in their profession without having to go through the consular processing to obtain a visa.
5. Low application fee: A TN-1 applicant pays a $50 application fee if he applies at the border or a
$110 application fee if he applies in the U.S. Generally, an H-1B petition
requires a combination of fees:
(1) $320: base filing fee
(2) $500: fraud prevention and detection fee
(3) $750: additional fee if the petitioner employs no more than 25 full-time
equivalent employees in the United States; ($1,500 if the petitioner employs
more than 25)
(4) $1,800: premium processing fee (if premium processing is chosen)
6. No quota: Unlike H-1B applicants, TN applicants are not subject to a quota.
Q: I am a Mexican citizen and wish to work in the U.S. as a TN. What are the benefits of TN-2 status?
A: The Benefits of TN-2 status for Mexican nationals are as follows:
1. Indefinite renewal: Unlike H status, which usually has a limitation of six years, an alien can maintain TN status indefinitely. TN status is granted for a period of up to three year depending on the employer's need and can be renewed for an additional year. There is no limitation on how many times TN status can be renewed.
2. Special TD status afforded to dependents: Dependents of the TN-1 petitioner may apply for a special TD status and accompany the principle petitioner for the duration of his stay in the U.S.
3. Low application fee: The TN-2 applicant pays a $110 application fee as opposed to $1,110 in application fees for H-1B status.
5. No quota: Unlike H-1B applicants, TN applicants are not subject to a quota.
Q: I am a TN-1 holder and my TN-1 will expire soon. How can I renew my TN-1 status?
A: You can apply for the TN-1 renewal on a form I-129. You must also submit all documents required to obtain TN status. In essence, a renewal application is treated like a new petition. The application fee is $130 each time an applicant applies for a renewal. You can avoid the $130 application fee by going back to Canada and applying for renewal at the border where you would only have to pay a $50 filing fee. In this instance, you would not fill out an I-129, but would simply present the necessary documents to the interviewing officer.
Q: I am a TN-2 holder and my TN-2 will expire soon. How can I renew my TN-2 status?
A: You can apply for the TN-2 renewal on a form I-129. You must also submit all documents required to obtain TN status. In essence, a renewal application is treated like a new petition. The application fee is $110 each time an applicant applies for a renewal. Unlike the TN-1, you do not have the option of traveling to the border to renew your TN status. As a Mexican national, if you go back to Mexico, you must apply for a TN-2 visa to reenter the U.S.
Q: I am a TD holder and my TD will expire soon. How can I renew my TD status?
A: You may apply for renewal on an I-539 form. If filing for more than one dependant, then a Supplement 1 must be attached to the I-539. The application fee is $140. Please note that the I-539 must be filed simultaneously with the I-129 of principal TN holder. If you are a Canadian, you can avoid the extensive application fees by applying for renewals with your principal TN holder at the border. The only fee involved in this scenario would be a $50 filing fee.
Q: I am a Canadian national in the U.S. I wish to change my status to TN-1. How can I do it?
A: You may file an I-129 form to change your current status to TN-1. However, if you and your TN dependents enter the U.S. under the Visa Waiver Pilot Program (VWPP), you and your TN dependents cannot change your status in the U.S. The filing fee is $130. All documents required to obtain TN-1 status must be submitted to the USCIS with the form. However, you can avoid the application fee by going back to Canada and applying for TN-1 status at the border where you would only have to pay a $50 filing fee. In this instance, you need not fill out an I-129, but would simply present the necessary documents to the interviewing officer.
Description
Requirements for a TN status
The detailed list of approved professions
for TN status
Application procedure
Benefits of TN status
Limitation of TN status
Renewal TN status
Change of status to TN
Frequently Asked Questions and Answers
about TN
PERM-based Green Cards: A Timing Strategy for TN Visa Holder
