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NAFTA (TN) Visa
The NAFTA (TN) visa allows qualified Canadian and Mexican professionals to enter the United States for employment under the United States-Mexico-Canada Agreement (USMCA, formerly NAFTA). While this visa offers a streamlined pathway to work in the U.S., the eligibility requirements, application procedures, and employer obligations can often be misunderstood or overlooked—leading to delays, denials, or status issues.
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1. NAFTA (TN) Visa Eligibility Requirements
To qualify for a TN visa, applicants must be citizens of Canada or Mexico, have a U.S. job offer in a listed NAFTA profession, and possess the required credentials or degrees. While Canadian citizens can apply directly at a port of entry, Mexican nationals must first obtain the visa from a U.S. consulate. Misunderstanding the professional list or lacking proper documentation is a common cause of rejection.
NAFTA (TN) Visa Professions List and Degrees
The TN visa is limited to a specific list of professional occupations, such as engineers, accountants, medical professionals, and scientists. Each occupation has strict educational and licensing requirements. Even small mismatches between the applicant’s degree and job title can trigger scrutiny or denial.
2. NAFTA (TN) Visa Application Process and Red Flags
The TN visa application process requires careful preparation, including a detailed employer letter outlining job duties, qualifications, and NAFTA category. Any inconsistency in the job description or mismatch with the TN profession list may result in immediate denial. Additionally, applicants must demonstrate nonimmigrant intent, meaning they do not plan to permanently immigrate.
Common Mistakes in NAFTA (TN) Visa Filings
Common pitfalls include vague job descriptions, inadequate degree matching, and failing to prove temporary intent. Errors in filing can lead to border turnbacks, visa refusals, or a flag on your immigration history. Legal counsel can help review all materials to minimize risk.
3. NAFTA (TN) Visa Extensions, Transfers, and Limitations
TN visa holders can initially stay up to three years, with unlimited renewals if the employment remains temporary. However, transfers to new employers require a new TN application. TN visa holders are not eligible to pursue permanent residency while maintaining TN status, creating challenges for long-term planning.
Transitioning from NAFTA (TN) Visa to Other Status
Many TN holders consider switching to H-1B or green card paths after a few years. However, such transitions must be managed carefully to avoid status violations. Strategic legal advice is essential to align with USCIS requirements and avoid complications in dual intent policies.
4. How SJKP LLP Supports NAFTA (TN) Visa Clients
SJKP LLP provides comprehensive guidance on eligibility analysis, document preparation, employer compliance, and consular or border representation. We help clients reduce the risk of delays and denials by delivering clear, consistent, and well-supported applications.
Why Choose Legal Counsel for NAFTA (TN) Visa Matters<
Even minor mistakes or unclear documentation can disrupt your plans. SJKP LLP ensures that your application is properly structured, factually accurate, and immigration-compliant. Whether it's your first TN visa or a renewal, our team delivers peace of mind through personalized legal strategies.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
