TN Visa

Who can hire a foreign worker pursuant to TN status?

The U.S. employer can be a company or an individual.

Does the foreign worker have to work in the United States?

Yes. The employer must be engaging the foreign worker to work in the United States.

Does the foreign worker have to be a Canadian or Mexican citizen?

Yes. The North American Free Trade Agreement (NAFTA) only applies to Canada, the United States and Mexico.

Are the TN requirements the same if I apply with the USCIS, at a port of entry or at a U.S. Consulate?

Yes. The North American Free Trade Agreement (NAFTA) requirements are the same regardless of the place of application. If applying for a TN visa with the USCIS then a TN petition must be filed. If applying at a Class ‘A’ land port of entry or United States pre-clearance station at an airport in Canada (Canadian… Read More

Can I obtain TN status without filing a TN petition?

Yes. Pursuant to the North American Free Trade Agreement (NAFTA), Canadian citizens can apply for TN status at a Class ‘A’ land port of entry or United States pre-clearance station at an airport in Canada. The TN petition is not required when applying at a port of entry or pre-clearance station. The decision is rendered… Read More

How long is the TN petition valid for after approval?

A TN petition is valid for the period of validity requested by the U.S. employer. There is a 3 year maximum period of validity for each TN. At present, TNs are renewable indefinitely.

How long does it take the USCIS to process a TN petition?

After the TN petition is filed, the USCIS will issue a receipt notice. After reviewing the TN petition, if all the conditions and specifications are met, the USCIS will issue an approval notice. Currently, the approval process for a TN petition is 3-6 months from filing. The TN petition may be filed along with a… Read More