Canadian and Mexicans who wish to trade in the United States under the North American Free Trade Agreement (NAFTA) or the United States-Canada Free-Trade Agreement may be eligible to enter using TN nonimmigrant visas. The purpose of the U.S. trip must be to carry on business activities at a professional level, and the trip must be temporary in nature.

Who Is Eligible?

To qualify for a TN visa, an alien must show that he or she is a businessperson who wishes to temporarily pursue business activities at a professional level within the U.S. Thus, three issues are central to the determination of whether an alien may be issued a TN visa to trade in the U.S.: the nature of the applicant, the nature of the activities pursued while in the U.S., and the level of the activities pursued.

First, the alien must be a businessperson, meaning that he or she conducts investment activities, trades in goods, or provides services. Second, the activities to be pursued in the U.S. must be at a professional level. This means that the activities engaged in require at least a baccalaureate degree or other appropriate credentials. A few examples of such activities include accounting, engineering, social work, dentistry, occupational therapy, biology, and secondary education. Typical documentation to support proper U.S. activities includes diplomas, degrees, and letters from employers. A NAFTA appendix sets forth the occupations that qualify for TN visas, along with the requisite education and/or experience. Finally, the alien must intend to enter the U.S. only temporarily. When entering the U.S., the alien must show that his or her U.S. activity has a reasonable, finite end and that he or she does not intend to reside permanently in the U.S.

What Are The Terms of My Stay?

There is no limit on the amount of time for which a TN alien may be admitted to the U.S. However, if the term of the alien's stay is expiring, the alien's U.S. employer may request an extension of the term for up to one year. If an alien admitted with TN status wishes to change employers, the new employer must file a request, including supporting documentation, with the U.S. Citizenship and Immigration Services (USCIS). No new application is required to transfer a TN alien to a different branch or office of the same employer, however.

The spouse and minor children of an alien holding a TN visa are eligible for TN status, as well. They may not, however, accept employment in the U.S. unless specifically authorized by statute to do so.

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